S813A-2011 Actions

• Jan 26, 2012: PRINT NUMBER 813A
• Jan 26, 2012: AMEND AND RECOMMIT TO FINANCE
• Jan 4, 2012: REFERRED TO FINANCE
• Jan 5, 2011: REFERRED TO FINANCE

S813A-2011 Memo

BILL NUMBER:S813

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 districts of Albany, Buffalo,
Rochester, Syracuse, and New York City.

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:
2009-2010, S.1177; 2007-08: 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, 2011.

S813A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 813--A                                              A. 510--A
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print
 ed,  and  when  printed to be committed to the Committee on Finance -
 recommitted to the Committee on Finance in accordance with Senate Rule
 6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
 amended and recommitted to said committee
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
 to the Committee on Judiciary -- recommitted to the Committee on Judi
 ciary in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03732-03-2
 
       S. 813--A                           2                          A. 510--A
 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.
 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, 2012.

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