NYSenate.gov: Senators |  Committees |  Issues & Initiatives |  Newsroom

Feedback  |  Mobile Access  |  Developers

Same as: / Versions: S1076-2011

Print HTML Page / Print Original Bill Format / / Read or Leave Comments

S1076-2011 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

S1076-2011 Meetings

Finance: Apr 18, 2012, Finance: May 17, 2011

S1076-2011 Calendars

Active List: Apr 30, 2012 , Floor Calendar: Apr 19, 2012 , Floor Calendar: Apr 25, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S1076-2011 Votes

S1076-2011 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.

S1076-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1076
 2011-2012 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06734-01-1
 
       S. 1076                             2
 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.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!

blog comments powered by Disqus

The software and services provided under this site are offered under the BSD License and the GPL v3 License.