Senate Bill S4470

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4470
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- 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 amended,  suspended or repealed by a smaller vote than that required for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.
              

                                                            LBD10725-01-9

 S. 4470                             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.