S01076 Summary:

BILL NOS01076
 
SAME ASSAME AS A06610
 
SPONSORLAVALLE
 
COSPNSRDEFRANCISCO, HANNON, JOHNSON, LARKIN, SALAND
 
MLTSPNSR
 
Amd SS355, 6206 & 207, Ed L
 
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.
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S01076 Actions:

BILL NOS01076
 
01/05/2011REFERRED TO FINANCE
05/16/20111ST REPORT CAL.655
05/17/20112ND REPORT CAL.
05/18/2011ADVANCED TO THIRD READING
06/24/2011COMMITTED TO RULES
01/04/2012REFERRED TO FINANCE
04/18/20121ST REPORT CAL.518
04/19/20122ND REPORT CAL.
04/25/2012ADVANCED TO THIRD READING
04/30/2012PASSED SENATE
04/30/2012DELIVERED TO ASSEMBLY
04/30/2012referred to higher education
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S01076 Floor Votes:

There are no votes for this bill in this legislative session.
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S01076 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:
 
     1    Section  1.  The  opening paragraph of paragraph b of subdivision 2 of
     2  section 355 of the education law is designated subparagraph 1 and a  new
     3  subparagraph 2 is added to read as follows:
     4    (2)  Prior to the adoption of a resolution or any alteration or amend-
     5  ment to the rules and  regulations  for  the  governance  of  the  state
     6  university  and the institutions therein that may require an increase in
     7  the expenditures of state moneys in the fiscal year of such adoption  or
     8  any  future  fiscal  year,  a  fiscal note shall be required which shall
     9  state the amount in dollars that shall be required  for  the  university

    10  system  to  fulfill  the  provision  of such resolution or alteration or
    11  amendment to such rules and  regulations.  Such  fiscal  note  shall  be
    12  attached  to  and/or  be part of any resolution by the board of trustees
    13  amending or altering the rules and regulations of the university system.
    14  For the purposes of the provisions of this subparagraph the fiscal  note
    15  shall be approved by the chancellor and secured from the division of the
    16  budget.
    17    §  2.  Section  6206  of  the education law is amended by adding a new
    18  subdivision 17 to read as follows:
    19    17. Prior to the adoption of a resolution or any alteration or  amend-
    20  ment  to  the rules and regulations or by-laws of the city university of

    21  New York by the trustees for the governance of the city  university  and
    22  the institutions therein that may require an increase in the expenditure
    23  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
 
     1  year,  a  fiscal  note shall be required which shall state the amount in
     2  dollars that shall be required for the university system to fulfill  the
     3  provisions  of  such resolution or alteration or amendment to such rules

     4  and  regulations  or  by-laws.    Such  fiscal note shall be attached to
     5  and/or be part of any resolution by the board of  trustees  amending  or
     6  altering  the  rules  and  regulations of the university system. For the
     7  purposes of the provisions of this subdivision the fiscal note shall  be
     8  approved by the chancellor and secured from the division of the budget.
     9    § 3. Section 207 of the education law is amended to read as follows:
    10    § 207. Legislative  power.  Subject and in conformity to the constitu-
    11  tion and laws of the state, the regents shall exercise legislative func-
    12  tions concerning the educational system  of  the  state,  determine  its
    13  educational  policies,  and, except, as to the judicial functions of the
    14  commissioner [of education], establish rules for  carrying  into  effect

    15  the laws and policies of the state, relating to education, and the func-
    16  tions, powers, duties and trusts conferred or charged upon the universi-
    17  ty  and the education department.  But no enactment of the regents shall
    18  modify in any degree the freedom of the governing body of  any  seminary
    19  for  the  training of priests or clergymen to determine and regulate the
    20  entire course of religious, doctrinal or theological instruction  to  be
    21  given  in  such institution.  No rule by which more than a majority vote
    22  shall be required for any specified  action  by  the  regents  shall  be
    23  amended,  suspended or repealed by a smaller vote than that required for
    24  action thereunder.  Rules or regulations, or amendments or repeals ther-
    25  eof, adopted  or  prescribed  by  the  commissioner  [of  education]  as
    26  provided  by law shall not be effective unless and until approved by the

    27  regents, except where authority is conferred by  the  regents  upon  the
    28  commissioner  [of  education]  to adopt, prescribe, amend or repeal such
    29  rules or regulations.   Prior to the adoption of  a  resolution  or  any
    30  alteration  or  amendment to the rules and regulations prescribed by the
    31  regents that may require an increase in the expenditure of state moneys,
    32  in the fiscal year of such adoption or any future fiscal year, a  fiscal
    33  note  shall  be  required  which  shall state the amount in dollars that
    34  shall be required to fulfill the provisions of such resolution or alter-
    35  ation or amendment to such rules and regulations. Such fiscal note shall
    36  be attached to and/or be part of any resolution by the regents  amending

    37  or  altering  the  rules  and  regulations.  For  the  purposes  of  the
    38  provisions of this section, such fiscal note shall be  approved  by  the
    39  commissioner and secured from the division of the budget.
    40    § 4. This act shall take effect immediately.
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