S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2060
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens.  LAVALLE, MURPHY, SERINO -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Higher
   Education
 
 AN  ACT to amend the education law, in relation to the legislative power
   of the regents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  207  of  the education law is amended to read as
 follows:
   § 207. Legislative power. 1. Subject and in conformity to the  consti-
 tution  and  laws  of  the state, the regents shall exercise legislative
 functions concerning the educational system of the state, determine  its
 educational  policies,  and, except, as to the judicial functions of the
 commissioner [of education], establish rules for  carrying  into  effect
 the laws and policies of the state, relating to education, and the func-
 tions, powers, duties and trusts conferred or charged upon the universi-
 ty and the [education] department. But no enactment of the regents shall
 modify  in  any degree the freedom of the governing body of any seminary
 for the training of priests or clergymen to determine and  regulate  the
 entire  course  of religious, doctrinal or theological instruction to be
 given in such institution. No rule by which more than  a  majority  vote
 shall  be  required  for  any  specified  action by the regents shall be
 amended, suspended or repealed by a smaller vote than that required  for
 action thereunder. Rules or regulations, or amendments or repeals there-
 of, adopted or prescribed by the commissioner [of education] as provided
 by  law shall not be effective unless and until approved by the regents,
 except where authority is conferred by the regents upon the commissioner
 [of education] to adopt, prescribe, amend or repeal such rules or  regu-
 lations.
   2.  ANY  RESOLUTION  THAT ALTERS OR AMENDS THE RULES OR REGULATIONS AS
 ESTABLISHED BY THE REGENTS SHALL INCLUDE THE FOLLOWING INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07870-01-7

 S. 2060                             2
 
   A. THE ENTITY AND/OR THE INDIVIDUALS THAT ARE  EXPECTED  TO  BEAR  THE
 BURDEN  OF  ANY  INCREASE  IN COST THAT SUCH ALTERED OR AMENDED RULES OR
 REGULATIONS MAY DIRECTLY OR INDIRECTLY AFFECT.
   B.  THE  EXACT  SOURCE OR SOURCES FROM WHICH THE FUNDS TO PAY FOR SUCH
 INCREASE IN COST SHALL BE MADE AVAILABLE. IF THE FUNDS ARE  EXPECTED  TO
 COME FROM THE STATE GENERAL FUND THEN THE REGENTS SHALL IDENTIFY SPECIF-
 ICALLY  WHAT  OTHER  STATE  FUNDING  SHALL  BE  REDUCED  TO PAY FOR SUCH
 INCREASE IN COST. IF THE FUNDS ARE  EXPECTED  TO  COME  FROM  THE  STATE
 GENERAL  FUND AS A RESULT OF AN INCREASE IN TAXES THEN THE REGENTS SHALL
 IDENTIFY THE TYPE AND THE AMOUNT OF TAX INCREASE NECESSARY TO FULLY FUND
 SUCH INCREASE IN COST.
   C. IF THE REGENTS DETERMINE THAT SUCH INCREASE IN COST IS TO  BE  PAID
 FROM LOCAL PROPERTY TAXES, THE EXPECTED INCREASE IN COST FOR EACH SCHOOL
 DISTRICT AFFECTED BY SUCH ALTERED OR AMENDED RULES OR REGULATIONS.
   D.  IF  SOME  COMBINATION OF REALLOCATED STATE FUNDS, NEW OR INCREASED
 TAXES OR LOCAL PROPERTY TAXES ARE TO BE USED TO FUND  SUCH  INCREASE  IN
 COST,  THE  REGENTS  SHALL PROVIDE THE INFORMATION AS SET FORTH IN PARA-
 GRAPHS A, B AND C OF THIS SUBDIVISION AS THEY PROPORTIONATELY AFFECT THE
 TOTAL INCREASE IN COSTS UPON THE ADOPTION OF SUCH RULES OR REGULATIONS.
   § 2. This act shall take effect immediately.