Requires the regents to include certain information with respect to increased costs when altering or amending rules or regulations.

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S1564-2013 Actions

• Apr 22, 2013: ADVANCED TO THIRD READING
• Apr 17, 2013: 2ND REPORT CAL.
• Apr 16, 2013: 1ST REPORT CAL.319
• Jan 9, 2013: REFERRED TO HIGHER EDUCATION

S1564-2013 Meetings

Higher Education: Apr 16, 2013

S1564-2013 Calendars

Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013 , Floor Calendar: May 29, 2013

S1564-2013 Votes

S1564-2013 Memo

BILL NUMBER:S1564

TITLE OF BILL:
An act
to amend the education law, in relation to the legislative power of the
regents

PURPOSE:
To provide a listing of all costs associated with proposals put forth
by the board of regents

SUMMARY OF PROVISIONS:

Section 207 of the education law defines the legislative power that
the board of regents can exercise including establishment of rules.
This section also defines those bodies that are exempt from those
legislative powers.

A new paragraph is added to ensure that any resolution that alters or
amends the rules or regulations set by the regents shall provide
the following information:

* Those entities that expected to be affected by increase in costs
proposed;

* Source of income to pay for increases, whether it be from the general
fund or other funds;

* Identify type of tax increase necessary to fund proposal

* If increase in tax is to come from local property taxes, list expected
increase by school district

* If combination of funds are to be used, information regarding costs
shall be provided by the regents

JUSTIFICATION:

This bill would enhance the accountability and transparency citizens
of New York State have come to expect from governmental agencies
A listing of increased costs should be provided for public view.

LEGISLATIVE HISTORY:
2011-12 S.1806; 2009-10 S.874; 2007-08, S.5563.

FISCAL IMPLICATIONS:

EFFECTIVE DATE:
Immediately

S1564-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1564

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
    printed to be committed to the Committee on Higher Education

  AN ACT to amend the education law, in relation to the legislative  power
    of the regents

    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:

    S 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 there-
  of, 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. ANY RESOLUTION THAT ALTERS OR AMENDS THE RULES  OR  REGULATIONS  AS
  ESTABLISHED BY THE REGENTS SHALL INCLUDE THE FOLLOWING INFORMATION:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06164-01-3

 S. 1564                             2

    A.  THE  ENTITY  AND/OR  THE INDIVIDUALS THAT ARE EXPECTED TO BEAR THE
  BURDEN OF ANY INCREASE IN COST THAT SUCH ALTERED  OR  AMENDED  RULES  OR
  REGULATIONS MAY DIRECTLY OR INDIRECTLY AFFECT.
    B.  THE  EXACT  SOURCE OR SOURCES FROM WHICH THE FUNDS TO PAY FOR SUCH
  INCREASE IN COST SHALL BE MADE AVAILABLE. IF THE FUNDS ARE  EXPECTED  TO
  COME FROM THE STATE GENERAL FUND THEN THE REGENTS SHALL IDENTIFY SPECIF-
  ICALLY  WHAT  OTHER  STATE  FUNDING  SHALL  BE  REDUCED  TO PAY FOR SUCH
  INCREASE IN COST. IF THE FUNDS ARE  EXPECTED  TO  COME  FROM  THE  STATE
  GENERAL  FUND AS A RESULT OF AN INCREASE IN TAXES THEN THE REGENTS SHALL
  IDENTIFY THE TYPE AND THE AMOUNT OF TAX INCREASE NECESSARY TO FULLY FUND
  SUCH INCREASE IN COST.
    C. IF THE REGENTS DETERMINE THAT SUCH INCREASE IN COST IS TO  BE  PAID
  FROM LOCAL PROPERTY TAXES, THE EXPECTED INCREASE IN COST FOR EACH SCHOOL
  DISTRICT AFFECTED BY SUCH ALTERED OR AMENDED RULES OR REGULATIONS.
    D.  IF  SOME  COMBINATION OF REALLOCATED STATE FUNDS, NEW OR INCREASED
  TAXES OR LOCAL PROPERTY TAXES ARE TO BE USED TO FUND  SUCH  INCREASE  IN
  COST,  THE  REGENTS  SHALL PROVIDE THE INFORMATION AS SET FORTH IN PARA-
  GRAPHS A, B AND C OF THIS SUBDIVISION AS THEY PROPORTIONATELY AFFECT THE
  TOTAL INCREASE IN COSTS UPON THE ADOPTION OF SUCH RULES OR REGULATIONS.
    S 2. This act shall take effect immediately.