Bill Text: NY S01177 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes an office of education legal services within the department of law which shall provide all legal services to school districts except for school districts in the cities of New York, Albany, Buffalo, Rochester, Syracuse and Yonkers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO FINANCE [S01177 Detail]

Download: New_York-2009-S01177-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
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           S. 1177                                                  A. 3338
                              2009-2010 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 27, 2009
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Finance
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Judiciary
       AN ACT to amend the executive law, in relation to the  establishment  of
         an  office  of  education  legal  services in the department of law to
         provide all legal services to certain school districts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 75 to
    2  read as follows:
    3    S 75. OFFICE OF EDUCATION LEGAL SERVICES. 1.  THERE  SHALL  BE  ESTAB-
    4  LISHED  WITHIN  THE  DEPARTMENT  OF  LAW A STATEWIDE OFFICE OF EDUCATION
    5  LEGAL SERVICES, WHICH PURSUANT TO THE PROVISIONS OF THIS SECTION,  SHALL
    6  HAVE THE DUTY AND POWER TO PROVIDE ALL LEGAL SERVICES REQUIRED BY SCHOOL
    7  DISTRICTS  OF  THIS  STATE  CREATED  PURSUANT  TO  THE EDUCATION LAW, AS
    8  FURTHER DEFINED IN THIS SUBDIVISION. FOR THE PURPOSES OF  THIS  SECTION,
    9  "SCHOOL  DISTRICT"  SHALL  MEAN ALL SCHOOL DISTRICTS OF THE STATE EXCEPT
   10  FOR SCHOOL DISTRICTS IN THE CITIES OF NEW YORK, ALBANY, BUFFALO, ROCHES-
   11  TER, SYRACUSE AND YONKERS.
   12    2. NOTWITHSTANDING ANY PROVISION OF LAW, THE  ATTORNEY  GENERAL  SHALL
   13  APPOINT AND EMPLOY, FIX HIS OR HER COMPENSATION, AND AT PLEASURE REMOVE,
   14  A  DEPUTY  ATTORNEY  GENERAL  IN CHARGE OF THE OFFICE OF EDUCATION LEGAL
   15  SERVICES. THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, AND AT PLEASURE
   16  REMOVE, SUCH ASSISTANT DEPUTIES AND SUCH OTHER  PERSONS  AS  HE  OR  SHE
   17  DEEMS NECESSARY, DETERMINE THEIR DUTIES, AND FIX THEIR COMPENSATION.
   18    3.  ALL  APPOINTMENTS  PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION
   19  SHALL BE SUBJECT TO CIVIL SERVICE EXAMINATION.
   20    4. THE ATTORNEY GENERAL  SHALL  ESTABLISH  REGIONAL  OFFICES  IN  LONG
   21  ISLAND,  HUDSON/CAPITAL  DISTRICT, CENTRAL NEW YORK AND WESTERN NEW YORK
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04035-01-9
       S. 1177                             2                            A. 3338
    1  IN ORDER TO MORE EFFECTIVELY DISPENSE THE DUTIES AND POWERS PROVIDED  IN
    2  THIS SECTION.
    3    5. ALL EXPENSES OF THIS OFFICE SHALL BE A STATE CHARGE.
    4    6.  ALL  SCHOOL  DISTRICTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION
    5  SHALL BE PROHIBITED FROM EMPLOYING ANY LEGAL COUNSEL AND SHALL  ALSO  BE
    6  PROHIBITED FROM EXPENDING ANY PUBLIC FUNDS FOR SUCH PURPOSES.
    7    S  2.  This act shall take effect immediately; provided, however, that
    8  the office of education legal services shall  be  established  effective
    9  July 1, 2010.