New York S 4623: Relates to requiring the board of regents to obtain legislative approval of any rule or regulation containing an unfunded mandate

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S04623 Summary:

BILL NOS04623 

&nbsp

SAME ASSAME AS A09306

&nbsp

SPONSORWEIK

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §207, Ed L

&nbsp

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

Go to top S04623 Actions:

BILL NOS04623 

&nbsp

02/10/2025REFERRED TO EDUCATION

01/07/2026REFERRED TO EDUCATION

Go to topS04623 Committee&nbspVotes:

Go to topS04623 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04623 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4623

 2025-2026 Regular Sessions

 IN SENATE

 February 10, 2025
 ___________

 Introduced by Sen. WEIK -- 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 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 the
 8 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] clergy to determine and regu-
 13 late the entire course of religious, doctrinal or theological instruc-
 14 tion to be given in such institution. No rule by which more than a
 15 majority vote shall be required for any specified action by the regents
 16 shall be amended, suspended or repealed by a smaller vote than that
 17 required for action thereunder. Rules or regulations, or amendments or
 18 repeals thereof, adopted or prescribed by the commissioner of education
 19 as provided by law shall not be effective unless and until approved by
 20 the regents, except where authority is conferred by the regents upon the
 21 commissioner of education to adopt, prescribe, amend or repeal such
 22 rules or regulations.
 23 2. a. As used in this subdivision, the following terms shall have the
 24 following meanings:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08330-01-5

 S. 4623 2

 1 (i) "Net additional cost" means the cost or costs incurred or antic-
 2 ipated to be incurred by a school district in performing or administer-
 3 ing any program, project, or activity after subtracting therefrom any
 4 revenues received or receivable by such school district in relation to
 5 such program, project, or activity, including but not limited to:
 6 (A) fees charged to the recipients of such program, project, or activ-
 7 ity;
 8 (B) state or federal funds received for such program, project, or
 9 activity; and
 10 (C) an offsetting savings resulting from the diminution or elimination
 11 of any other program, project, or activity that state law requires such
 12 school district to provide or undertake.
 13 (ii) "Unfunded mandate" means:
 14 (A) any rule or regulation that requires a school district to provide
 15 or undertake any new program, project or activity that results in a
 16 one-time or annual net additional cost to such school district;
 17 (B) any rule or regulation that requires a school district to provide
 18 a higher level of service or funding for an existing program, project or
 19 activity that results in a one-time or annual net additional cost to
 20 such school district; or
 21 (C) any rule or regulation with a legal requirement that would other-
 22 wise likely have the effect of raising property taxes in any school
 23 district.
 24 b. Notwithstanding any other provision of law, no rule or regulation