S T A T E   O F   N E W   Y O R K
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                                  2548--A
     Cal. No. 237
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens. LAVALLE, AKSHAR, HELMING, SERINO -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Higher  Education  -- recommitted to the Committee on Higher Education
   in accordance with Senate Rule 6, sec. 8 --  reported  favorably  from
   said  committee,  ordered  to  first  report, amended on first report,
   ordered to a second report and ordered reprinted, retaining its  place
   in the order of second report
 
 AN  ACT  to  amend  the  education  law, in relation to the inclusion of
   fiscal notes with certain resolutions or rules and regulations adopted
   by educational institutions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of paragraph b of subdivision 2 of
 section 355 of the education law is designated subparagraph 1 and a  new
 subparagraph 2 is added to read as follows:
   (2)  PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR AMEND-
 MENT TO THE RULES AND  REGULATIONS  FOR  THE  GOVERNANCE  OF  THE  STATE
 UNIVERSITY  AND THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN
 THE EXPENDITURES OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION  OR
 ANY  FUTURE  FISCAL  YEAR,  A  FISCAL NOTE SHALL BE REQUIRED WHICH SHALL
 STATE THE AMOUNT IN DOLLARS THAT SHALL BE REQUIRED  FOR  THE  UNIVERSITY
 SYSTEM  TO  FULFILL  THE  PROVISION  OF SUCH RESOLUTION OR ALTERATION OR
 AMENDMENT TO SUCH RULES AND  REGULATIONS.  SUCH  FISCAL  NOTE  SHALL  BE
 ATTACHED  TO  AND/OR  BE PART OF ANY RESOLUTION BY THE BOARD OF TRUSTEES
 AMENDING OR ALTERING THE RULES AND REGULATIONS OF THE UNIVERSITY SYSTEM.
 FOR THE PURPOSES OF THE PROVISIONS OF THIS SUBPARAGRAPH THE FISCAL  NOTE
 SHALL BE APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE
 BUDGET.
   §  2.  Section  6206  of  the education law is amended by adding a new
 subdivision 20 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07980-03-8

 S. 2548--A                          2
 
   20. PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR  AMEND-
 MENT  TO  THE RULES AND REGULATIONS OR BY-LAWS OF THE CITY UNIVERSITY OF
 NEW YORK BY THE TRUSTEES FOR THE GOVERNANCE OF THE CITY  UNIVERSITY  AND
 THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE
 OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL
 YEAR,  A  FISCAL  NOTE SHALL BE REQUIRED WHICH SHALL STATE THE AMOUNT IN
 DOLLARS THAT SHALL BE REQUIRED FOR THE UNIVERSITY SYSTEM TO FULFILL  THE
 PROVISIONS  OF  SUCH RESOLUTION OR ALTERATION OR AMENDMENT TO SUCH RULES
 AND REGULATIONS OR BY-LAWS.   SUCH FISCAL  NOTE  SHALL  BE  ATTACHED  TO
 AND/OR  BE  PART  OF ANY RESOLUTION BY THE BOARD OF TRUSTEES AMENDING OR
 ALTERING THE RULES AND REGULATIONS OF THE  UNIVERSITY  SYSTEM.  FOR  THE
 PURPOSES  OF THE PROVISIONS OF THIS SUBDIVISION THE FISCAL NOTE SHALL BE
 APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE BUDGET.
   § 3. Section 207 of the education law is amended to read as follows:
   § 207. Legislative power.  Subject and in conformity to the  constitu-
 tion and laws of the state, the regents shall exercise legislative func-
 tions  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  regulations.    PRIOR  TO THE ADOPTION OF A RESOLUTION OR ANY
 ALTERATION OR AMENDMENT TO THE RULES AND REGULATIONS PRESCRIBED  BY  THE
 REGENTS THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE OF STATE MONEYS,
 IN  THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL YEAR, A FISCAL
 NOTE SHALL BE REQUIRED WHICH SHALL STATE  THE  AMOUNT  IN  DOLLARS  THAT
 SHALL BE REQUIRED TO FULFILL THE PROVISIONS OF SUCH RESOLUTION OR ALTER-
 ATION OR AMENDMENT TO SUCH RULES AND REGULATIONS. SUCH FISCAL NOTE SHALL
 BE  ATTACHED TO AND/OR BE PART OF ANY RESOLUTION BY THE REGENTS AMENDING
 OR  ALTERING  THE  RULES  AND  REGULATIONS.  FOR  THE  PURPOSES  OF  THE
 PROVISIONS  OF  THIS  SECTION, SUCH FISCAL NOTE SHALL BE APPROVED BY THE
 COMMISSIONER AND SECURED FROM THE DIVISION OF THE BUDGET.
   § 4. This act shall take effect immediately.