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

  
  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than a 15 majority vote shall be required for any specified action by the regents 16 shall be amended, suspended or repealed by a smaller vote than that 17 required for action thereunder.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 25 containing an unfunded mandate shall be adopted by the board of regents 26 or the commissioner, except by a majority vote of the legislature. 27 § 2. This act shall take effect immediately.