STATE OF NEW YORK
________________________________________________________________________
2060
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
___________
Introduced by Sens. LAVALLE, MURPHY, SERINO -- 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:
1 Section 1. Section 207 of the education law is amended to read as
2 follows:
3 § 207. Legislative power. 1. Subject and in conformity to the consti-
4 tution and laws of the state, the regents shall exercise legislative
5 functions concerning the educational system of the state, determine its
6 educational policies, and, except, as to the judicial functions of the
7 commissioner [of education], establish rules for carrying into effect
8 the laws and policies of the state, relating to education, and the func-
9 tions, powers, duties and trusts conferred or charged upon the universi-
10 ty and the [education] department. But no enactment of the regents shall
11 modify in any degree the freedom of the governing body of any seminary
12 for the training of priests or clergymen to determine and regulate the
13 entire course of religious, doctrinal or theological instruction to be
14 given in such institution. No rule by which more than a majority vote
15 shall be required for any specified action by the regents shall be
16 amended, suspended or repealed by a smaller vote than that required for
17 action thereunder. Rules or regulations, or amendments or repeals there-
18 of, adopted or prescribed by the commissioner [of education] as provided
19 by law shall not be effective unless and until approved by the regents,
20 except where authority is conferred by the regents upon the commissioner
21 [of education] to adopt, prescribe, amend or repeal such rules or regu-
22 lations.
23 2. Any resolution that alters or amends the rules or regulations as
24 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.
LBD07870-01-7
S. 2060 2
1 a. the entity and/or the individuals that are expected to bear the
2 burden of any increase in cost that such altered or amended rules or
3 regulations may directly or indirectly affect.
4 b. the exact source or sources from which the funds to pay for such
5 increase in cost shall be made available. If the funds are expected to
6 come from the state general fund then the regents shall identify specif-
7 ically what other state funding shall be reduced to pay for such
8 increase in cost. If the funds are expected to come from the state
9 general fund as a result of an increase in taxes then the regents shall
10 identify the type and the amount of tax increase necessary to fully fund
11 such increase in cost.
12 c. if the regents determine that such increase in cost is to be paid
13 from local property taxes, the expected increase in cost for each school
14 district affected by such altered or amended rules or regulations.
15 d. if some combination of reallocated state funds, new or increased
16 taxes or local property taxes are to be used to fund such increase in
17 cost, the regents shall provide the information as set forth in para-
18 graphs a, b and c of this subdivision as they proportionately affect the
19 total increase in costs upon the adoption of such rules or regulations.
20 § 2. This act shall take effect immediately.
