Senate Bill S990

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    990
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to requiring the board of
   regents to obtain legislative  approval  of  any  rule  or  regulation
   containing an unfunded mandate

   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 amended, suspended or repealed by a smaller vote than that required  for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 ther-
 eof,  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. A. AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE  THE
 FOLLOWING MEANINGS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03779-01-7

 S. 990                              2
 
   (I)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
 IPATED TO BE INCURRED BY A SCHOOL DISTRICT IN PERFORMING OR  ADMINISTER-
 ING  ANY  PROGRAM,  PROJECT, OR ACTIVITY AFTER SUBTRACTING THEREFROM ANY
 REVENUES RECEIVED OR RECEIVABLE BY SUCH SCHOOL DISTRICT IN  RELATION  TO
 SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING BUT NOT LIMITED TO:
   (A) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
 ITY;
   (B)  STATE  OR  FEDERAL  FUNDS  RECEIVED FOR SUCH PROGRAM, PROJECT, OR
 ACTIVITY; AND
   (C) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMINATION
 OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW REQUIRES  SUCH
 SCHOOL DISTRICT TO PROVIDE OR UNDERTAKE.
   (II) "UNFUNDED MANDATE" MEANS:
   (A)  ANY RULE OR REGULATION THAT REQUIRES A SCHOOL DISTRICT TO PROVIDE
 OR UNDERTAKE ANY NEW PROGRAM, PROJECT OR  ACTIVITY  THAT  RESULTS  IN  A
 ONE-TIME OR ANNUAL NET ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
   (B)  ANY RULE OR REGULATION THAT REQUIRES A SCHOOL DISTRICT TO PROVIDE
 A HIGHER LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR
 ACTIVITY THAT RESULTS IN A ONE-TIME OR ANNUAL  NET  ADDITIONAL  COST  TO
 SUCH SCHOOL DISTRICT; OR
   (C)  ANY RULE OR REGULATION WITH A LEGAL REQUIREMENT THAT WOULD OTHER-
 WISE LIKELY HAVE THE EFFECT OF RAISING  PROPERTY  TAXES  IN  ANY  SCHOOL
 DISTRICT.
   B.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO RULE OR REGULATION
 CONTAINING AN UNFUNDED MANDATE SHALL BE ADOPTED BY THE BOARD OF  REGENTS
 OR THE COMMISSIONER, EXCEPT BY A MAJORITY VOTE OF THE LEGISLATURE.
   § 2. This act shall take effect immediately.