S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6610

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Higher Education

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:

  Section  1.  The  opening paragraph of paragraph b of subdivision 2 of
section 355 of the education law is designated subparagraph 1 and a  new
subparagraph 2 is added to read as follows:
  (2)  PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR AMEND-
MENT TO THE RULES AND  REGULATIONS  FOR  THE  GOVERNANCE  OF  THE  STATE
UNIVERSITY  AND THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN
THE EXPENDITURES OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION  OR
ANY  FUTURE  FISCAL  YEAR,  A  FISCAL NOTE SHALL BE REQUIRED WHICH SHALL
STATE THE AMOUNT IN DOLLARS THAT SHALL BE REQUIRED  FOR  THE  UNIVERSITY
SYSTEM  TO  FULFILL  THE  PROVISION  OF SUCH RESOLUTION OR ALTERATION OR
AMENDMENT TO SUCH RULES AND  REGULATIONS.  SUCH  FISCAL  NOTE  SHALL  BE
ATTACHED  TO  AND/OR  BE PART OF ANY RESOLUTION BY THE BOARD OF TRUSTEES
AMENDING OR ALTERING THE RULES AND REGULATIONS OF THE UNIVERSITY SYSTEM.
FOR THE PURPOSES OF THE PROVISIONS OF THIS SUBPARAGRAPH THE FISCAL  NOTE
SHALL BE APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE
BUDGET.
  S  2.  Section  6206  of  the education law is amended by adding a new
subdivision 17 to read as follows:
  17. PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR  AMEND-
MENT  TO  THE RULES AND REGULATIONS OR BY-LAWS OF THE CITY UNIVERSITY OF
NEW YORK BY THE TRUSTEES FOR THE GOVERNANCE OF THE CITY  UNIVERSITY  AND
THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE
OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL
YEAR,  A  FISCAL  NOTE SHALL BE REQUIRED WHICH SHALL STATE THE AMOUNT IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06734-01-1
              

A. 6610                             2

DOLLARS THAT SHALL BE REQUIRED FOR THE UNIVERSITY SYSTEM TO FULFILL  THE
PROVISIONS  OF  SUCH RESOLUTION OR ALTERATION OR AMENDMENT TO SUCH RULES
AND REGULATIONS OR BY-LAWS.   SUCH FISCAL  NOTE  SHALL  BE  ATTACHED  TO
AND/OR  BE  PART  OF ANY RESOLUTION BY THE BOARD OF TRUSTEES AMENDING OR
ALTERING THE RULES AND REGULATIONS OF THE  UNIVERSITY  SYSTEM.  FOR  THE
PURPOSES  OF THE PROVISIONS OF THIS SUBDIVISION THE FISCAL NOTE SHALL BE
APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 3. Section 207 of the education law is amended to read as follows:
  S 207. Legislative power.  Subject and in conformity to the  constitu-
tion and laws of the state, the regents shall exercise legislative func-
tions  concerning  the  educational  system  of the state, determine its
educational policies, and, except, as to the judicial functions  of  the
commissioner  [of  education],  establish rules for carrying into effect
the laws and policies of the state, relating to education, and the func-
tions, powers, duties and trusts conferred or charged upon the universi-
ty and the education department.  But no enactment of the regents  shall
modify  in  any degree the freedom of the governing body of any seminary
for the training of priests or clergymen to determine and  regulate  the
entire  course  of religious, doctrinal or theological instruction to be
given in such institution.  No rule by which more than a  majority  vote
shall  be  required  for  any  specified  action by the regents shall be
amended, suspended or repealed by a smaller vote than that required  for
action thereunder.  Rules or regulations, or amendments or repeals ther-
eof,  adopted  or  prescribed  by  the  commissioner  [of  education] as
provided by law shall not be effective unless and until approved by  the
regents,  except  where  authority  is conferred by the regents upon the
commissioner [of education] to adopt, prescribe, amend  or  repeal  such
rules  or  regulations.    PRIOR  TO THE ADOPTION OF A RESOLUTION OR ANY
ALTERATION OR AMENDMENT TO THE RULES AND REGULATIONS PRESCRIBED  BY  THE
REGENTS THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE OF STATE MONEYS,
IN  THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL YEAR, A FISCAL
NOTE SHALL BE REQUIRED WHICH SHALL STATE  THE  AMOUNT  IN  DOLLARS  THAT
SHALL BE REQUIRED TO FULFILL THE PROVISIONS OF SUCH RESOLUTION OR ALTER-
ATION OR AMENDMENT TO SUCH RULES AND REGULATIONS. SUCH FISCAL NOTE SHALL
BE  ATTACHED TO AND/OR BE PART OF ANY RESOLUTION BY THE REGENTS AMENDING
OR  ALTERING  THE  RULES  AND  REGULATIONS.  FOR  THE  PURPOSES  OF  THE
PROVISIONS  OF  THIS  SECTION, SUCH FISCAL NOTE SHALL BE APPROVED BY THE
COMMISSIONER AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 4. This act shall take effect immediately.