What's happening
This bill requires legislative approval before the Board of Regents can adopt any education rule or regulation that imposes an unfunded mandate on school districts.
Why it matters
Puts a legislative check on costly education rules. By requiring legislative approval for any Board of Regents rule that creates an unfunded mandate, this bill prevents state education officials from unilaterally imposing costly new requirements on school districts.
Clearly defines what counts as an "unfunded mandate". The bill spells out that unfunded mandates include any new or expanded program that increases costs for districts, or any regulation likely to raise property taxes—making it harder for regulators to skirt the rule through loopholes.
Aims to protect school district budgets and local taxpayers. Since unfunded mandates often force districts to either cut other programs or raise local taxes, this bill is designed to shield schools and communities from state-imposed costs without corresponding funding.
Could slow down or limit new education initiatives. Requiring legislative approval for any costly new regulation could make it more difficult to quickly implement new educational policies statewide, potentially leading to greater debate and negotiation over education priorities and funding.
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Who cares
Board of Regents and education commissioner
They would need legislative approval by majority vote to adopt rules or regulations containing unfunded mandates on school districts.
School districts
The bill would subject rules requiring new programs, higher service or funding levels, or other legal requirements likely to raise school property taxes to legislative approval.
State legislators
They would gain approval authority over education rules that meet the bill’s definition of an unfunded mandate.
School district property taxpayers
The bill would require legislative approval of education 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
Senator · Senate District 42
No co-sponsors yet.
History
- Referred to education
- 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.
Legislature Must OK Unfunded Mandates
In Assembly Committee · Education · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
990
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed 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.
2. a. As used in this subdivision, the following terms shall have the following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03779-01-7
S. 990 2
(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.
Sponsor's memo
Title of bill
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
Purpose
To require the Board of Regents to obtain legislative approval before issuing rules or regulations with unfunded mandates
Summary of provisions
Section 1: Amends section 207 of the Education Law to provide definitions for "net additional cost" and "unfunded mandate." It also states that no rule or regulation containing an unfunded mandate shall be adopted by the Board of Regents or the Commissioner of Education, except by a majority vote of the legislature.
Section 2: Effective date.
Justification
Many school districts are facing financial hardship, in large part, due to unfunded mandates. This legislation prohibits the imposition of regulatory changes made by the Board of Regents or Commissioner of Education that result in an unfunded mandate without a majority vote of the legislature.
Legislative history
S.6686 of 2016: Died in Senate Education Committee.
Fiscal implications
No costs to the state or localities.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.