Bill S1076-2011

Requires the inclusion of a fiscal note with the adoption of resolutions or rules and regulations governing educational institutions, which have a fiscal impact

Requires the inclusion of a fiscal note with the adoption of a resolution or change in the rules and regulations governing educational institutions which have a fiscal impact.

Details

Actions

  • Apr 30, 2012: referred to higher education
  • Apr 30, 2012: DELIVERED TO ASSEMBLY
  • Apr 30, 2012: PASSED SENATE
  • Apr 25, 2012: ADVANCED TO THIRD READING
  • Apr 19, 2012: 2ND REPORT CAL.
  • Apr 18, 2012: 1ST REPORT CAL.518
  • Jan 4, 2012: REFERRED TO FINANCE
  • Jun 24, 2011: COMMITTED TO RULES
  • May 18, 2011: ADVANCED TO THIRD READING
  • May 17, 2011: 2ND REPORT CAL.
  • May 16, 2011: 1ST REPORT CAL.655
  • Jan 5, 2011: REFERRED TO FINANCE

Meetings

Calendars

Votes

Memo

BILL NUMBER:S1076

TITLE OF BILL:

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

PURPOSE:

The purpose of the bill is to ensure that the SUNY Board of Trustees, the CUNY Board of Trustees and the Board of Regents are aware of a fiscal impact to the state when resolutions are adopted, or rules and regulations are altered or amended.

SUMMARY OF PROVISIONS:

The first section amends section 355 of the education law to add a new subparagraph requiring the SUNY Board of Trustees to have a fiscal note prior to the adoption of any resolution or any alteration or amendment to the rules and regulations that may require an increase in the alteration or amendment to the rules and regulations that may require an increase in the expenditures of state moneys in the fiscal year of such adoption or of any future fiscal years. The fiscal note would also be required to be attached to or part of said resolution.

The second and third sections would require the CUNY Board of Trustees and the Board of Regents to secure fiscal notes in similar circumstances

JUSTIFICATION:

Under current law, a fiscal note is not required prior to the adoption of a resolution, alteration, or amendment to the rules and regulations by the SUNY Board of Trustees, the CUNY Board of Trustees or the Board of Regents. There are many instances when these boards have adopted resolutions that require significant increases in state funding in order to implement proposed changes.

These changes can cost millions, if not hundreds of millions of dollars to put into effect; however there is no acknowledgment regarding those costs when boards vote on these proposals. More importantly, the public should be made fully aware of the potential costs associated with the policy or regulation changes being proposed. In addition, if presented with a realistic assessment of such costs, these boards may be more willing to require staff to pursue alternative proposals that may address the particular issue but limit the overall cost to the state.

In essence, this bill will force these boards to recognize the true costs associated with their proposals and be responsible for their advancement.

LEGISLATIVE HISTORY:

2008: Passed Senate 55-0.

FISCAL IMPLICATIONS:

This bill would provide for an improved accounting of the expenditure of taxpayer dollars without any additional expenditure.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1076 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________
Introduced by Sens. LAVALLE, HANNON, JOHNSON, LARKIN, SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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. S 2. Section 6206 of the education law is amended by adding a new subdivision 17 to read as follows: 17. 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. S 3. Section 207 of the education law is amended to read as follows: S 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. S 4. This act shall take effect immediately.

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