Requires the inclusion of a fiscal note with the adoption of resolutions or rules and regulations governing educational institutions, which have a fiscal impact

5 Co-sponsors

• John A. DeFrancisco
• Kemp Hannon
• Owen H. Johnson
• William J. Larkin Jr.
• Stephen M. Saland

BILL NUMBER:S1076

Title of bill

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

Purpose

The purpose of the bill is to ensure that the SUNY Board of Trustees, the CUNY Board of Trustees and the Board of Regents are aware of a fiscal impact to the state when resolutions are adopted, or rules and regulations are altered or amended.

Summary of provisions

The first section amends section 355 of the education law to add a new subparagraph requiring the SUNY Board of Trustees to have a fiscal note prior to the adoption of any resolution or any alteration or amendment to the rules and regulations that may require an increase in the alteration or amendment to the rules and regulations that may require an increase in the expenditures of state moneys in the fiscal year of such adoption or of any future fiscal years. The fiscal note would also be required to be attached to or part of said resolution.

The second and third sections would require the CUNY Board of Trustees and the Board of Regents to secure fiscal notes in similar circumstances

Justification

Under current law, a fiscal note is not required prior to the adoption of a resolution, alteration, or amendment to the rules and regulations by the SUNY Board of Trustees, the CUNY Board of Trustees or the Board of Regents. There are many instances when these boards have adopted resolutions that require significant increases in state funding in order to implement proposed changes.

These changes can cost millions, if not hundreds of millions of dollars to put into effect; however there is no acknowledgment regarding those costs when boards vote on these proposals. More importantly, the public should be made fully aware of the potential costs associated with the policy or regulation changes being proposed. In addition, if presented with a realistic assessment of such costs, these boards may be more willing to require staff to pursue alternative proposals that may address the particular issue but limit the overall cost to the state.

In essence, this bill will force these boards to recognize the true costs associated with their proposals and be responsible for their advancement.

Legislative history

2008: Passed Senate 55-0.

Fiscal implications

This bill would provide for an improved accounting of the expenditure of taxpayer dollars without any additional expenditure.

Effective date

This act shall take effect immediately.