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A385Assembly2017-2018 SessionSame asS990

Legislature Must OK Unfunded Mandates

Official title

“Relates to requiring the board of regents to obtain legislative approval of any rule or regulation containing an unfunded mandate”

Sponsor Aileen GuntherAD-100+6 co-sponsorsAffects Education
Status
In Assembly Committee
Education
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Education

What's happening

This bill requires legislative approval for any Board of Regents rule or regulation that imposes an unfunded mandate on school districts.

Why it matters

  1. Directly addresses school district budgets. by preventing the Board of Regents or Commissioner of Education from imposing new, costly requirements (“unfunded mandates”) on districts without explicit legislative approval, potentially shielding local budgets from unexpected expenses.

  2. Defines “unfunded mandate” broadly. to include not only new programs but also increases in service levels or any regulation likely to raise property taxes—this could significantly limit the kinds of regulatory changes the Regents can make without legislative involvement.

  3. Shifts accountability and oversight. for education-related mandates from an appointed board (Regents) to elected legislators, giving voters more indirect influence over costly policy decisions affecting local schools.

  4. May slow or complicate policy changes. in education, as any rule or regulation with financial impacts on school districts will now require the more rigorous and potentially politicized process of legislative passage.

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Who cares

  • Board of Regents and education commissioner

    They would need approval by a majority vote of the Legislature to adopt any rule or regulation containing an unfunded mandate.

  • School districts and school boards

    The bill would subject rules requiring new programs or higher service or funding levels with net additional costs to legislative approval.

  • State legislators

    They would gain approval authority over education rules containing unfunded mandates, including requirements likely to raise school district property taxes.

  • School district property taxpayers

    The bill would require legislative approval of rules with legal requirements likely to raise their property taxes.

Headline styles

Legislature Must OK Unfunded Mandates

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to education
  2. Referred to education

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S990Senate

Legislature Must OK Unfunded Mandates

In Senate Committee · Education · Sponsor John J. Bonacic

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

385

2017-2018 Regular Sessions

IN ASSEMBLY

January 9, 2017

Introduced by M. of A. GUNTHER, JAFFEE, PEOPLES-STOKES, ARROYO, RAIA, MURRAY -- Multi-Sponsored by -- M. of A. COOK, GIGLIO, THIELE -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to requiring the board of regents to obtain legislative approval of any rule or regulation containing an unfunded mandate

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 207 of the education law is amended to read as follows:

§ 207. Legislative power. 1. Subject and in conformity to the constitution and laws of the state, the regents shall exercise legislative functions 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 functions, powers, duties and trusts conferred or charged upon the university 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 thereof, 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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03779-01-7

A. 385 2

2. a. As used in this subdivision, the following terms shall have the following meanings:

(i) "Net additional cost" means the cost or costs incurred or anticipated to be incurred by a school district in performing or administering any program, project, or activity after subtracting therefrom any revenues received or receivable by such school district in relation to such program, project, or activity, including but not limited to:

(A) fees charged to the recipients of such program, project, or activity;

(B) state or federal funds received for such program, project, or activity; and

(C) an offsetting savings resulting from the diminution or elimination of any other program, project, or activity that state law requires such school district to provide or undertake.

(ii) "Unfunded mandate" means:

(A) any rule or regulation that requires a school district to provide or undertake any new program, project or activity that results in a one-time or annual net additional cost to such school district;

(B) any rule or regulation that requires a school district to provide a higher level of service or funding for an existing program, project or activity that results in a one-time or annual net additional cost to such school district; or

(C) any rule or regulation with a legal requirement that would otherwise likely have the effect of raising property taxes in any school district.

b. Notwithstanding any other provision of law, no rule or regulation containing an unfunded mandate shall be adopted by the board of regents or the commissioner, except by a majority vote of the legislature.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.