S766-2013 Actions

• Jan 9, 2013: REFERRED TO FINANCE

S766-2013 Memo

BILL NUMBER:S766

TITLE OF BILL:
An act
to amend the executive law, in relation to the establishment of an
office of education legal services in the department of law to provide
all legal services to certain school districts

PURPOSE:
To create an office of education legal
services to eliminate
the use of outside and private legal counsel by school districts.

SUMMARY OF PROVISIONS:
The executive law is amended by adding a new
section 75 to allow the creation of the State Office of Education
Legal Services, which would be created under the State
Attorney-General's Office. The new office will provide all legal
services to the state's school districts, with the exception of the
school districts in the cities of New York, Albany, Buffalo,
Rochester, Syracuse and Yonkers.

JUSTIFICATION:
A state run education legal service would eliminate the
Occurrence of abuses by school hired outside legal counsel. These
abuses, which have come to light increasingly in recent years, have
deprived taxpayers of an efficiently run system, as well as an
unnecessary cut of their income. This new office for legal services
would not only ease property taxes, but it would also increase the
effectiveness and uniformity of the scholastic legal system. The
creation of the four regional offices proposed by this bill will
further this efficiency by being more closely tuned to the
differences in the state's demographics.

PRIOR LEGISLATIVE HISTORY:
2011-12: A.510-A/S.813-A
2009-10: A.3338/S.1177
2007-08: A.10172/S.7820

FISCAL IMPLICATIONS:
All expenses of this office shall be a state
charge.

EFFECTIVE DATE:
This act shall take effect immediately; provided,
however, that the office of higher education legal services shall be
established effective July 1, 2013.

S766-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 766                                                     A. 70
 2013-2014 Regular Sessions
 SENATE - ASSEMBLY
 (PREFILED)
 January 9, 2013
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Finance
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
 to the Committee on Judiciary
 

AN ACT to amend the executive law, in relation to the  establishment  of
 an  office  of  education  legal  services in the department of law to
 provide all legal services to certain school districts
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The executive law is amended by adding a new section 75 to
 read as follows:

 

S 75. OFFICE OF EDUCATION LEGAL SERVICES. 1.  THERE  SHALL  BE  ESTAB
 LISHED  WITHIN  THE  DEPARTMENT  OF  LAW A STATEWIDE OFFICE OF EDUCATION
 LEGAL SERVICES, WHICH PURSUANT TO THE PROVISIONS OF THIS SECTION,  SHALL
 HAVE THE DUTY AND POWER TO PROVIDE ALL LEGAL SERVICES REQUIRED BY SCHOOL
 DISTRICTS  OF  THIS  STATE  CREATED  PURSUANT  TO  THE EDUCATION LAW, AS
 FURTHER DEFINED IN THIS SUBDIVISION. FOR THE PURPOSES OF  THIS  SECTION,
 "SCHOOL  DISTRICT"  SHALL  MEAN ALL SCHOOL DISTRICTS OF THE STATE EXCEPT
 FOR SCHOOL DISTRICTS IN THE CITIES OF NEW YORK, ALBANY, BUFFALO, ROCHES
 TER, SYRACUSE AND YONKERS.
 2. NOTWITHSTANDING ANY PROVISION OF LAW, THE  ATTORNEY  GENERAL  SHALL
 APPOINT AND EMPLOY, FIX HIS OR HER COMPENSATION, AND AT PLEASURE REMOVE,
 A  DEPUTY  ATTORNEY  GENERAL  IN CHARGE OF THE OFFICE OF EDUCATION LEGAL
 SERVICES. THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, AND AT PLEASURE
 REMOVE, SUCH ASSISTANT DEPUTIES AND SUCH OTHER  PERSONS  AS  HE  OR  SHE
 DEEMS NECESSARY, DETERMINE THEIR DUTIES, AND FIX THEIR COMPENSATION.
 3.  ALL  APPOINTMENTS  PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION
 SHALL BE SUBJECT TO CIVIL SERVICE EXAMINATION.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01636-01-3
 
       S. 766                              2                              A. 70
 4. THE ATTORNEY GENERAL  SHALL  ESTABLISH  REGIONAL  OFFICES  IN  LONG
 ISLAND,  HUDSON/CAPITAL  DISTRICT, CENTRAL NEW YORK AND WESTERN NEW YORK
 IN ORDER TO MORE EFFECTIVELY DISPENSE THE DUTIES AND POWERS PROVIDED  IN
 THIS SECTION.
 5. ALL EXPENSES OF THIS OFFICE SHALL BE A STATE CHARGE.
 6.  ALL  SCHOOL  DISTRICTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION
 SHALL BE PROHIBITED FROM EMPLOYING ANY LEGAL COUNSEL AND SHALL  ALSO  BE
 PROHIBITED FROM EXPENDING ANY PUBLIC FUNDS FOR SUCH PURPOSES.
 

S  2.  This act shall take effect immediately; provided, however, that
 the office of education legal services shall  be  established  effective
 July 1, 2013.

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