Members on the Library and Museum Council

NY-ADR

8/2/17 N.Y. St. Reg. EDU-31-17-00006-P
NEW YORK STATE REGISTER
VOLUME XXXIX, ISSUE 31
August 02, 2017
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-31-17-00006-P
Members on the Library and Museum Council
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 3.12 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 206(not subdivided), 207(not subdivided), 214(not subdivided), 232(not subdivided), 305(1) and (2)
Subject:
Members on the Library and Museum Council.
Purpose:
The purpose of the proposed amendment is to increase the membership of the Library and Museum Councils.
Text of proposed rule:
Paragraphs (3) and (4) of subdivision (a) of section 3.12 of the Rules of the Board of Regents shall be amended to read as follows:
(3) Library, [nine] 15 members. [The terms of the four newly created members shall be so arranged that one shall expire on September 30, 1969, one on September 30, 1970, one on September 30, 1971, and one on September 30, 1972. The terms of the five existing members shall not be disturbed. Thereafter, all] All members shall be appointed to serve for a term of five years beginning with the first day of October next following the ending of the term to which each, respectively, is to succeed, except that an appointment to fill a vacancy created otherwise than by the expiration of a term shall be for the unexpired term.
(4) Museum, [5] 15 members. One member shall be appointed yearly to serve for a term of five years beginning with the first day of October next following the ending of the term to which each, respectively, is to succeed, except that an appointment to fill a vacancy created otherwise than by the expiration of a term shall be for the unexpired term.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, 89 Washington Avenue, Room 142, Albany, NY 12234, (518) 474-6400, email: [email protected]
Data, views or arguments may be submitted to:
Christina Pillips, State Education Department, Cultural Education Building, Albany, NY 12234, (518) 485-8845, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law § 101(not subdivided) charges the education department with all general management and supervision of all public schools and all the educational work of the State.
Education Law § 206(not subdivided) grants the regents, or any committee thereof, the authority to take testimony or hear proofs relating to their official duties.
Education Law § 207(not subdivided) grants general rule-making authority to the Board of Regents to carry into effect State educational laws and policies.
Education Law § 214(not subdivided) provides that the institutions in the university shall include all secondary and higher education institutions which are now or may hereafter be incorporated in this state, and such other libraries, museums, institutions, schools, organizations and agencies for education as may be admitted or incorporated by the university.
Education Law § 232(not subdivided) establishes the State Museum and State Library as Departments of the University.
Education Law 305(1) authorizes the Commissioner to enforce laws relating to the State educational system and execute Regents educational policies. Section 305(2) provides the Commissioner with general supervision over schools and authority to advise and guide school district officers in their duties and the general management of their schools.
2. LEGISLATIVE OBJECTIVES:
Currently, section 3.12 of the Rules of the Board of Regents states that the Museum Council shall be comprised of five members and the Library Council shall be comprised of nine members; which shall be appointed for a five-year term. However, in May 2017, the Cultural Education Committee recommended that the Museum Advisory Council be comprised of 15 members. By increasing the membership of both the Museum and Library Councils to 15 members each, all Office of Cultural Education Councils will have an equal number of members.
3. NEEDS AND BENEFITS:
Currently, section 3.12 of the Rules of the Board of Regents states that the Museum Council shall be comprised of five members and the Library Council shall be comprised of nine members; which shall be appointed for a five-year term. However, in May 2017, the Cultural Education Committee recommended that the Museum Advisory Council be comprised of 15 members. By increasing the membership of both the Museum and Library Councils to 15 members each, all Office of Cultural Education Councils will have an equal number of members.
4. COSTS:
a. Costs to State government: The amendment does not impose any costs on State government, including the State Education Department.
b. Costs to local government: The amendment does not impose any costs on local government, including institutions of higher education.
c. Costs to private regulated parties: The amendment does not impose any costs on private regulated parties.
d. Costs to regulating agency for implementation and continued administration: See above.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.
6. PAPERWORK:
The proposed amendment does not impose any additional paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or Federal requirements.
8. ALTERNATIVES:
No alternatives were considered.
9. FEDERAL STANDARDS:
There are no applicable Federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated that the proposed amendment will be presented for permanent adoption at the October 2017 Regents meeting and will take effect as a permanent rule on November 1, 2017.
Regulatory Flexibility Analysis
Currently, section 3.12 of the Rules of the Board of Regents states that the Museum Council shall be comprised of five members and the Library Council shall be comprised of nine members; which shall be appointed for a five-year term. However, in May 2017, the Cultural Education Committee recommended that the Museum Advisory Council be comprised of 15 members. By increasing the membership of both the Museum and Library Councils to 15 members each, all Office of Cultural Education Councils will have an equal number of members. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.
Rural Area Flexibility Analysis
Currently, section 3.12 of the Rules of the Board of Regents states that the Museum Council shall be comprised of five members and the Library Council shall be comprised of nine members; which shall be appointed for a five-year term. However, in May 2017, the Cultural Education Committee recommended that the Museum Advisory Council be comprised of 15 members. By increasing the membership of both the Museum and Library Councils to 15 members each, all Office of Cultural Education Councils will have an equal number of members. Because it is evident from the nature of the proposed amendment that it does not affect rural areas, no further steps were needed to ascertain that fact and none were taken. Accordingly, a rural area flexibility analysis is not required and one has not been prepared.
Job Impact Statement
Currently, section 3.12 of the Rules of the Board of Regents states that the Museum Council shall be comprised of five members and the Library Council shall be comprised of nine members; which shall be appointed for a five-year term. However, in May 2017, the Cultural Education Committee recommended that the Museum Advisory Council be comprised of 15 members. By increasing the membership of both the Museum and Library Councils to 15 members each, all Office of Cultural Education Councils will have an equal number of members.
Because it is evident from the nature of the proposed amendment that it will have no impact on the number of jobs or employment opportunities in New York State, and no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
End of Document