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A10574 Summary:

Amd 207, Ed L
Requires the regents to include certain information with respect to increased costs when altering or amending rules or regulations.
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A10574 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      June 7, 2016
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Nolan) --
          read once and referred to the Committee on 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    16  amended,  suspended or repealed by a smaller vote than that required for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:
    25    a.  the  entity  and/or  the individuals that are expected to bear the
    26  burden of any increase in cost that such altered  or  amended  rules  or
    27  regulations may directly or indirectly affect.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10574                            2
     1    b.  the  exact  source or sources from which the funds to pay for such
     2  increase in cost shall be made available. If the funds are  expected  to
     3  come from the state general fund then the regents shall identify specif-
     4  ically  what  other  state  funding  shall  be  reduced  to pay for such
     5  increase  in  cost.  If  the  funds  are expected to come from the state
     6  general fund as a result of an increase in taxes then the regents  shall
     7  identify the type and the amount of tax increase necessary to fully fund
     8  such increase in cost.
     9    c.  if  the regents determine that such increase in cost is to be paid
    10  from local property taxes, the expected increase in cost for each school
    11  district affected by such altered or amended rules or regulations.
    12    d. if some combination of reallocated state funds,  new  or  increased
    13  taxes  or  local  property taxes are to be used to fund such increase in
    14  cost, the regents shall provide the information as set  forth  in  para-
    15  graphs a, b and c of this subdivision as they proportionately affect the
    16  total increase in costs upon the adoption of such rules or regulations.
    17    § 2. This act shall take effect immediately.
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