House Bill 2263e1

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                                          HB 2263, First Engrossed



  1                      A bill to be entitled

  2         An act relating to education governance;

  3         creating the Florida Education Governance

  4         Reorganization Act of 2000; providing a short

  5         title; providing for legislative policy;

  6         providing for Florida education governance

  7         reorganization; establishing the Florida Board

  8         of Education; providing for appointment,

  9         powers, and duties; providing for Florida

10         education governance officers; providing for a

11         Commissioner of Education; providing for a

12         Chancellor of K-12 Education; providing for a

13         Chancellor of State Universities; providing for

14         a Chancellor of Community Colleges and Career

15         Preparation; providing for a Executive Director

16         of Nonpublic and Nontraditional Education;

17         providing for an Education Governance

18         Reorganization Transition task force; providing

19         powers and duties; providing for the future

20         review and repeal of s. 20.15, F.S., relating

21         to the Department of Education, s. 229.012,

22         F.S., relating to the composition of the State

23         Board of Education, s. 229.053, F.S., relating

24         to the general powers of the state board, s.

25         229.512, F.S., relating to the Commissioner of

26         Education, s. 229.551, F.S., relating to

27         educational management, s. 229.592, F.S.,

28         relating to the implementation of the state

29         system of school improvement and education

30         accountability, s. 229.601, F.S., relating to

31         the career education program, s. 229.6058,


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                                          HB 2263, First Engrossed



  1         F.S., relating to the school readiness pilot

  2         program, s. 229.8341, F.S., relating to

  3         services for infants and preschool children, s.

  4         230.64, F.S., relating to area technical

  5         centers, s. 235.014, F.S., relating to

  6         functions of the Department of Education, s.

  7         235.05(3), F.S., relating to the power of the

  8         Board of Regents to exercise the right of

  9         eminent domain, s. 235.057, F.S., relating to

10         the purchase, conveyance, or encumbrance of

11         certain property interests and joint-occupancy

12         structures, s. 235.15, F.S., relating to the

13         educational plant survey and PECO project

14         funding, s. 235.195, F.S., relating to

15         cooperative development and the use of

16         facilities by two or more school boards, s.

17         235.199, F.S., relating to the cooperative

18         funding of vocational educational facilities,

19         s. 235.41, F.S., relating to legislative

20         capital outlay budget requests, s. 235.42,

21         F.S., relating to described educational funds,

22         ch. 239, F.S., relating to vocational, adult,

23         and community education, ch. 240, F.S.,

24         relating to postsecondary education, s.

25         241.002, F.S., relating to duties of the

26         Department of Education, s. 241.003, F.S.,

27         relating to the Florida Distance Learning

28         Network Advisory Council, s. 241.004, F.S.,

29         relating to the Educational Technology Grant

30         Program, s. 244.01, F.S., relating to regional

31         education, ss. 244.02 and 244.03, F.S.,


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                                          HB 2263, First Engrossed



  1         relating to the Southern Regional Compact, ch.

  2         246, F.S., and relating to nonpublic

  3         postsecondary institutions; providing for

  4         development of a staffing plan from the Board

  5         of Regents; transferring $100,000 from the

  6         General Revenue Fund from the Board of Regents,

  7         $50,000 from the General Revenue Fund from the

  8         Division of Community Colleges, and $100,000

  9         from the Department of Education, to the

10         Executive Office of the Governor; providing an

11         effective date.

12

13         WHEREAS, in the 1998 General Election, Floridians

14  considered a ballot summary statement that proposed changing

15  the composition of the State Board of Education from the

16  Governor and Cabinet to a board appointed by the Governor and

17  a board-appointed Commissioner of Education, and

18         WHEREAS, at the 1998 General Election, Floridians

19  amended s. 2, Art. IX of the State Constitution, effective

20  January 7, 2003, in the following way:

21         "SECTION 2.  State board of education.--The

22         state board of education shall be a body

23         corporate and have such supervision of the

24         system of free public education as is provided

25         by law. The state board of education shall

26         consist of seven members appointed by the

27         governor to staggered 4-year terms, subject to

28         confirmation by the senate. The state board of

29         education shall appoint the commissioner of

30         education.", and

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                                          HB 2263, First Engrossed



  1         WHEREAS, pursuant to legal precedent of the Florida

  2  Supreme Court, including Whitaker v. Parsons, 86 So. 247 (Fla.

  3  1920) and Amos v. Matthews, 126 So. 308 (Fla. 1930), it is

  4  clearly within the prerogative of the Legislature to define

  5  the purview of the new State Board of Education and the State

  6  Constitution does not withhold from the Legislature the power

  7  to prescribe additional powers and duties on constitutional,

  8  statutory, and administrative officers so long as such powers

  9  and duties are not inconsistent with their duties imposed by

10  the constitution, and

11         WHEREAS, the minutes and records of the 1998 State of

12  Florida Constitution Revision Commission re the proposal to

13  amend s. 2, Art. IX state as follows: "[This proposal] sets up

14  a State Board of Education and moves the function of the State

15  Board of Education from the Cabinet to an appointed board of

16  seven appointed by the Governor. That board then selects the

17  Commissioner of Education. This is not a Cabinet reform bill.

18  . . . This is an educational proposal. . . . [This is] a

19  proposal that allows us to put on the ballot the option to

20  have true systemic change in education. . . .", NOW,

21  THEREFORE,

22

23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Short title.--This act may be cited as the

26  "Florida Education Governance Reorganization Act of 2000."

27         Section 2.  Declaration of policy and guiding

28  principles.--

29         (1)  It is the policy of the Legislature:

30         (a)  To achieve within existing resources true systemic

31  change in education governance by establishing a seamless


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                                          HB 2263, First Engrossed



  1  academic educational system that fosters an integrated

  2  continuum of kindergarten through graduate school education

  3  for Florida's citizens.

  4         (b)  To promote enhanced academic success and funding

  5  efficiency by centralizing the governance of educational

  6  delivery systems and aligning responsibility with

  7  accountability.

  8         (c)  To provide consistent education policy vertically

  9  and horizontally across all educational delivery systems,

10  focusing on the needs of those receiving education, not those

11  providing education.

12         (d)  To provide substantially improved vertical and

13  horizontal articulation across all educational delivery

14  systems while ensuring that nonpublic education institutions

15  and home education programs maintain their independence,

16  autonomy, and nongovernmental status.

17         (e)  To provide for devolution of authority to the

18  schools, community colleges, universities, and other education

19  institutions that are the actual deliverers of educational

20  services in order to provide student-centered education

21  services within the clear parameters of the overarching

22  education policy established by the Legislature.

23         (2)  The guiding principles for Florida's new education

24  governance are:

25         (a)  A coordinated, seamless system for kindergarten

26  through graduate school education.

27         (b)  A system that is student-centered in every facet.

28         (c)  A system that maximizes education access and

29  academic success for all Floridians.

30         (d)  A system that safeguards equity.

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                                          HB 2263, First Engrossed



  1         (e)  A system that refuses to compromise academic

  2  excellence.

  3         Section 3.  Florida Education Governance

  4  Reorganization.--

  5         (1)  Effective January 7, 2003, the Florida Board of

  6  Education, created pursuant to section 4 of this act, shall be

  7  responsible for overseeing kindergarten through graduate

  8  school education, in accordance with the policies and guiding

  9  principles in section 2 of this act.

10         (2)  Effective January 7, 2003, the Florida Board of

11  Education shall appoint the Commissioner of Education.

12         (3)  Effective January 7, 2003, there is established:

13         (a)  A Chancellor of K-12 Education appointed by the

14  Commissioner of Education.

15         (b)  A Chancellor of State Universities, appointed by

16  the Commissioner of Education.

17         (c)  A Chancellor of Community Colleges and Career

18  Preparation, appointed by the Commissioner of Education.

19         (d)  An Executive Director of Nonpublic and

20  Nontraditional Education, appointed by the Commissioner of

21  Education.

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23  Each chancellor and executive director shall be subject to

24  confirmation by the Florida Board of Education and shall serve

25  at the pleasure and under the authority of the Commissioner of

26  Education.

27         (4)  Effective July 1, 2000, the Governor shall appoint

28  a seven-member board of trustees for the Florida On-Line High

29  School which shall be a body corporate with all the powers of

30  a body corporate.

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                                          HB 2263, First Engrossed



  1         (5)  Effective January 7, 2003, the Governor shall

  2  appoint for each university in the State University System, a

  3  nine-member board of trustees which shall be a body corporate

  4  with all the powers of a body corporate. All members of the

  5  board of trustees of Florida Atlantic University must reside

  6  within the service area of the university; three must be

  7  residents of Broward County, three must be residents of Palm

  8  Beach County, and three may be residents of any county within

  9  the service area.

10         (6)  Effective January 7, 2003, the powers and duties

11  of the following entities are relocated to the Florida Board

12  of Education, which shall retain all related funding and

13  budget authority for purposes of a single, seamless

14  kindergarten through graduate school education system and

15  single or coordinated budget and may retain or redistribute

16  the powers and duties of each entity in accordance with the

17  policies and guiding principles of section 2 of this act, and

18  the entities shall cease to exist:

19         (a)  The Board of Regents.

20         (b)  The State Board of Community Colleges.

21         (c)  The State Board of Independent Colleges and

22  Universities.

23         (d)  The State Board of Nonpublic Career Education.

24         (e)  The Division of Workforce Development of the

25  Department of Education.

26         (f)  The Postsecondary Education Planning Commission.

27         (g)  The Articulation Coordination Committee.

28         (h)  The Division of Human Resource Development of the

29  Department of Education.

30         (i)  The Division of Support Services of the Department

31  of Education.


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                                          HB 2263, First Engrossed



  1         (j)  The Division of Administration of the Department

  2  of Education.

  3         (k)  The Division of Financial Services of the

  4  Department of Education.

  5         (l)  The Division of Technology of the Department of

  6  Education.

  7         (m)  The Office of Student Financial Assistance of the

  8  Department of Education.

  9         (n)  The Division of Universities of the Department of

10  Education.

11         (o)  The Division of Community Colleges of the

12  Department of Education.

13         (7)  Effective January 7, 2003, sections 20.15,

14  229.012, 229.053, 229.512, 229.551, 229.592, 229.601,

15  229.6058, 229.8341, 230.64, 235.014, subsection (3) of section

16  235.05, sections 235.057, 235.15, 235.195, 235.199, 235.41,

17  235.42, chapters 239 and 240, sections 241.002, 241.003,

18  241.004, 244.01, 244.02, 244.03, and chapter 246, Florida

19  Statutes, are repealed and shall be reviewed by the

20  Legislature prior to that date.

21         Section 4.  Florida Board of Education.--

22         (1)(a)  Effective January 7, 2003, the Florida Board of

23  Education is established as a body corporate. The board shall

24  be a part-time citizen board consisting of seven members

25  appointed by the Governor to staggered 4-year terms, subject

26  to confirmation by the Senate. Members may be reappointed by

27  the Governor for additional terms.

28         (b)  The Florida Board of Education shall have a

29  chairperson who shall be appointed by the Governor.

30         (2)  The primary duties of the board shall be to

31  establish education goals and objectives consistent with the


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                                          HB 2263, First Engrossed



  1  policies and guiding principles of section 2 of this act and,

  2  together with the Commissioner of Education, to oversee the

  3  implementation of the education policies established by the

  4  Legislature. The board, and the commissioner, shall establish,

  5  operate, and maintain optimal efficiency of an Office of the

  6  Board of Education.

  7         (3)  In performing its duties, the board, together with

  8  the Commissioner of Education, shall:

  9         (a)  Ensure accountability and responsiveness to

10  Florida's citizens, including the establishment of a Citizen

11  Information Center that utilizes quick response and

12  customer-friendly methodologies.

13         (b)  Establish and aggressively enforce efficient and

14  effective performance management objectives.

15         (c)  Maximize the effectiveness of local, state, and

16  federal education linkages and funds.

17         (d)  Recommend one budget or a coordinated budget based

18  on consistent policies for a seamless kindergarten through

19  graduate school education.

20         (e)  Adopt cohesive rules, within statutory authority,

21  for education systemwide issues and ensure that rules adopted

22  for the various education delivery systems are compatible.

23         (f)  Ensure articulation and coordination within and

24  across the entire education delivery system.

25         (g)  Provide ongoing public information regarding

26  performance results for the entire kindergarten through

27  graduate school education system and each of its components.

28         (4)  The board, with the Commissioner of Education,

29  shall:

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                                          HB 2263, First Engrossed



  1         (a)  Work with the Chancellor of K-12 Education to

  2  establish, and maintain optimal efficiency of, an Office of

  3  K-12 Education.

  4         (b)  Work with the Chancellor of State Universities to

  5  establish, and maintain optimal efficiency of, an Office of

  6  State Universities.

  7         (c)  Work with the Chancellor of Community Colleges and

  8  Career Preparation to establish, and maintain optimal

  9  efficiency of, an Office of Community Colleges and Career

10  Preparation.

11         (d)  Work with the Executive Director of Nonpublic and

12  Nontraditional Education to establish, and maintain optimal

13  efficiency of, an Office of Nonpublic and Nontraditional

14  Education Services.

15         Section 5.  Florida Education Governance Officers.--

16         (1)  COMMISSIONER OF EDUCATION.--The Commissioner of

17  Education shall be appointed by the Board of Education from

18  candidates of national caliber and respected and proven

19  organizational leadership with established experience in

20  administering broad-based policy. The commissioner shall be a

21  person who is eminently capable of focusing the entire

22  kindergarten through graduate school education system to

23  accomplish the policies and guiding principles of section 2 of

24  this act. The commissioner shall have the ability to

25  successfully provide education policy and planning direction,

26  program development, performance management, and funding

27  allocation recommendations across the spectrum of kindergarten

28  through graduate school education, and the ability to achieve

29  and safeguard the will of the people of Florida as expressed

30  in s. 1, Art. IX of the Florida Constitution, that "adequate

31  provision shall be made by law for a uniform, efficient, safe,


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                                          HB 2263, First Engrossed



  1  secure, and high quality system of free public schools that

  2  allows students to obtain a high quality education and for the

  3  establishment, maintenance, and operation of institutions of

  4  higher learning and other public education programs that the

  5  needs of the people may require."

  6         (2)  CHANCELLOR OF K-12 EDUCATION.--The Chancellor of

  7  K-12 Education shall be appointed by the Commissioner of

  8  Education based on his or her ability to comply with the

  9  policies and guiding principles of section 2 of this act, to

10  enhance the quality of K-12 education in Florida, to maximize

11  the equity of K-12 education in Florida by moving the focus to

12  the school site and the individual student, and to achieve and

13  safeguard the will of the people of Florida as expressed in s.

14  1, Art. IX of the Florida Constitution, that "adequate

15  provision shall be made by law for a uniform, efficient, safe,

16  secure, and high quality system of free public schools that

17  allows students to obtain a high quality education. . . ."

18         (3)  CHANCELLOR OF STATE UNIVERSITIES.--The Chancellor

19  of State Universities shall be appointed by the Commissioner

20  of Education based on his or her ability to comply with the

21  policies and guiding principles of section 2 of this act, to

22  enhance the national reputation and quality of education and

23  educational research in Florida's state universities, and to

24  work directly with each of the state university presidents and

25  boards of trustees in focusing on the education and

26  educational research needs of the individual university and

27  its students.

28         (4)  CHANCELLOR OF COMMUNITY COLLEGES AND CAREER

29  PREPARATION.--The Chancellor of Community Colleges and Career

30  Preparation shall be appointed by the Commissioner of

31  Education based on his or her ability to comply with the


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                                          HB 2263, First Engrossed



  1  policies and guiding principles of section 2 of this act, to

  2  enhance the quality of education in Florida's community

  3  colleges, and to work directly with each of the community

  4  college presidents and boards of trustees in focusing on the

  5  education needs of the communities and students they serve.

  6         (5)  EXECUTIVE DIRECTOR OF NONPUBLIC AND NONTRADITIONAL

  7  EDUCATION.--The Executive Director of Nonpublic and

  8  Nontraditional Education shall be appointed by the

  9  Commissioner of Education based on his or her ability to

10  comply with the policies and guiding principles of section 2

11  of this act, to enhance the quality and expand the offerings

12  and innovations of nonpublic and nontraditional education in

13  Florida, to establish partnerships with nonpublic education

14  providers at all levels to achieve these goals, and to work

15  directly with the Board of Trustees of the Florida On-Line

16  High School and with Florida's private school associations,

17  home education associations, nonpublic career education

18  institutions, and independent colleges and universities to

19  maximize educational choice and enhance the options,

20  educational alternatives, and student-focused delivery for

21  their students.

22         Section 6.  Education Governance Reorganization

23  Transition Task Force.--

24         (1)  In order to accomplish a smooth transition on

25  January 7, 2003, from the elected State Board of Education to

26  the appointed Florida Board of Education, there shall be

27  established the Education Governance Reorganization Transition

28  Task Force. All members of the task force shall be appointed

29  as soon as feasible but not later than October 1, 2000. The

30  task force shall be comprised of:

31         (a)  Five members appointed by the Governor;


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                                          HB 2263, First Engrossed



  1         (b)  Three members appointed by the President of the

  2  Senate; and

  3         (c)  Three members appointed by the Speaker of the

  4  House of Representatives.

  5  The transition task force shall be charged with the duty to

  6  identify issues, conduct research, develop the necessary

  7  procedural and substantive framework, and make recommendations

  8  to the  Legislature for an orderly 3-year phase-in for a

  9  seamless education continuum and a single or coordinated

10  kindergarten through graduate school budget in accordance with

11  the policies and guiding principles of section 2 of this act,

12  so that the Florida Board of Education may immediately begin

13  its work on January 7, 2003, with maximum effectiveness.

14         (2)(a)  The members of the transition task force shall

15  serve without compensation, but shall be reimbursed for per

16  diem and travel expenses as provided in s. 112.061, Florida

17  Statutes.

18         (b)  The task force shall be housed in the Governor's

19  Office of Planning and Budgeting, and the Governor's Office of

20  Planning and Budgeting shall contract with or employ an

21  executive director for the task force and shall provide the

22  commission with staff and a budget sufficient to accomplish

23  quality work in a timely manner.

24         (3)  The transition task force may procure information

25  and assistance from any officer or agency of the state or any

26  subdivision thereof. All such officials and agencies shall

27  give the task force all relevant information and assistance on

28  any matter within their knowledge or control. The transition

29  task force may utilize consultants, studies, and other methods

30  of gathering information to assist in developing its

31  recommendations.


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                                          HB 2263, First Engrossed



  1         (4)  By March 1, 2001, the transition task force shall

  2  recommend to the Legislature:

  3         (a)  How best to achieve education system integration

  4  by:

  5         1.  Combining appropriate education functions and

  6  policies into or under the new Florida Board of Education.

  7         2.  Devolving the education delivery services and

  8  operational decisions to the appropriate location of delivery

  9  to students, specifically the schools, community colleges,

10  colleges, universities, area technical centers, and other

11  education institutions or places where the students receive

12  their education.

13         3.  Providing for a single or coordinated kindergarten

14  through graduate school education budget.

15         (b)  How best to achieve economies in education

16  services, including recommendations concerning consolidation

17  of information systems and integrated performance and

18  financial accounting systems, while maximizing effectiveness

19  within existing resources and staff.

20         (c)1.  Which, if any, current education staff functions

21  and resources should be eliminated, transferred, or realigned

22  within the proposed new education organizational structure.

23         2.  A recommended salary structure for the Commissioner

24  of Education and for the chancellors.

25         (d)  Whether an Office of Policy Research should be

26  established to explore emerging issues, locate successful and

27  innovative educational programs, and make recommendations to

28  the Governor, the Florida Board of Education, and the

29  Legislature and, if so, its mission, staffing, and location.

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                                          HB 2263, First Engrossed



  1         (e)  The optimal mission of the Florida On-Line High

  2  School and a methodology for the operation and funding of the

  3  school to achieve that mission.

  4         (f)  The optimal location and structure of the Florida

  5  Partnership for School Readiness.

  6         (5)  By March 1, 2002, the transition task force shall

  7  recommend to the Legislature:

  8         (a)  Standards, definitions, and guidelines for

  9  universities, colleges, community colleges, schools, and other

10  education institutions to ensure the quality of education,

11  systemwide coordination, and efficient progress toward

12  attainment of their appropriate missions.

13         (b)  Rules and procedures as necessary to be followed

14  by university boards of trustees, community college boards of

15  trustees, and other boards of trustees, as determined

16  appropriate, for recruitment and selection of presidents,

17  procedures for annual evaluations of presidents, and

18  procedures for interaction between presidents, the boards of

19  trustees, and the new Florida Board of Education.

20         (c)  A systemwide strategic plan for postsecondary

21  institutions that considers the role, in their respective

22  communities, of each of the institutions.

23         (d)  Methodologies for degree program approval,

24  establishment of matriculation and tuition fees, and

25  coordination of colleges' and universities' budget requests.

26         (e)  Any additional statutory changes needed during the

27  2002 legislative session to complete the education governance

28  reorganization transition.

29         (6)  By March 1, 2003, the transition task force shall

30  recommend to the Legislature:

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                                          HB 2263, First Engrossed



  1         (a)  Statutory changes necessary to accomplish the

  2  policies and guiding principles of section 2 of this act,

  3  including, but not limited to, statutory changes necessitated

  4  by the repeal and review provisions of subsection 3(8) of this

  5  act.

  6         (b)  Rulemaking authority for the new Florida Board of

  7  Education and a plan and timetable for transition or

  8  coordination of existing education sector agency rules and

  9  rulemaking authority recommendations, if any, for education

10  agencies.

11         (c)  Waiver authority, if any, for the Commissioner of

12  Education or the Florida Board of Education.

13         (7)  By May 1, 2003, the transition task force shall

14  have completed its duties and shall make its final report to

15  the Governor, the President of the Senate, the Speaker of the

16  House of Representatives, and the minority leaders of each

17  chamber.  The final report shall include, but is not limited

18  to:

19         (a)  A summary of the work and recommendations of the

20  task force.

21         (b)  The status of all pending and completed actions on

22  orders and rules, all enforcement matters, and all

23  delegations, interagency agreements, and contracts with

24  federal, state, regional, and local governments and private

25  entities.

26         (c)  Identification of any remaining or potential

27  duplication in the administration of state education laws and

28  rules, with specific recommendations to eliminate such

29  duplication and promote more efficient administration.

30         Section 7.  The Board of Regents shall be in

31  substantive compliance with the last paragraph preceding


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                                          HB 2263, First Engrossed



  1  specific appropriation 178 of House Bill 2145 by submitting to

  2  the Executive Office of the Governor, President of the Senate

  3  and the Speaker of the House of Representatives, a plan for

  4  staffing and alignment of duties and functions consistent with

  5  recommendations reported by the Task Force as provided for in

  6  this act. The plan shall be completed within 30 days after the

  7  first report due from the task force but no later than April

  8  1, 2001.

  9         Section 8.  Effective July 1, 2000, the sum of $100,000

10  from the General Revenue Fund is transferred from the Board of

11  Regents General Office, the sum of $50,000 from the General

12  Revenue Fund is transferred from the Division of Community

13  Colleges, and the sum of $100,000 from the General Revenue

14  Fund is transferred from the Department of Education, to the

15  Executive Office of the Governor, Office of Planning and

16  Budgeting, to implement this act.

17         Section 9.  Except as otherwise provided herein, this

18  act shall take effect upon becoming a law.

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