senate Bill S3882

Legalizes, validates, ratifies and confirms actions of the Belleville Henderson central school district with respect to certain building aid contracts

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 08 / Mar / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 09 / Mar / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO EDUCATION
  • 10 / May / 2011
    • 1ST REPORT CAL.566
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION

Summary

Legalizes, validates, ratifies and confirms actions of the Belleville Henderson central school district with respect to certain building aid contracts.

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Bill Details

Versions:
S3882
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Public Contracts

Votes

Sponsor Memo

BILL NUMBER:S3882

TITLE OF BILL:
An act
in relation to legalizing, validating, ratifying and confirming actions
of the Belleville Henderson central school district with respect to
certain building aid contracts

PURPOSE:
To allow Belleville Henderson central school district to continue
phase two of their capital project.

SUMMARY:
Section 1 provides the legislative intent.

Section 2 provides that all acts relating to Belleville Henderson
Central School District's two projects approved by the State
Education Department be legalized, validated, ratified and confirmed,
notwithstanding any failure to comply with the approval and filing
provisions of the education law or any other law or statutory
authority, rule or regulation, in relation to omissions, error,
defect, irregularity or illegality in such proceedings had and taken.

JUSTIFICATION:
The Belleville Henderson Central School District received voter
approval on February 23rd, 2009 for a capital project that provides
critical upgrades to the schools roof, cost and energy saving
measures, and improvements to one of the most renowned secondary
education agricultural programs in the country. In June of 2010, the
State Education Department agreed to contribute $2.77 of the $8.1
million project by way of reorganization aid. The remaining $5.33
million was approved by voters to be raised from local taxes.
Governor Paterson vetoed the measure that would grant a necessary
extension to complete phase two of the project which expired in
October of 2010.

The tax payers of the Belleville Henderson Central School District
will incur dramatically increased tax rates to make up for the loss
of the reorganizational aid in order to complete phase two of the
capital project.

This bill forgives the deadline expiration and allows Belleville
Henderson School District to continue working on phase two of the
capital project as approved by the voters. Additionally, long-term
cost savings will be realized by the school district through energy
efficiency upgrades that comprise a significant portion of the second
phase of the project.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3882                                                  A. 6146

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 8, 2011
                               ___________

IN SENATE -- Introduced by Sen. RITCHIE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  --  Introduced  by  M.  of A. BLANKENBUSH -- read once and
  referred to the Committee on Education

AN ACT in relation to legalizing, validating, ratifying  and  confirming
  actions  of  the  Belleville  Henderson  central  school district with
  respect to certain building aid contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent. The legislature hereby finds that the
Belleville Henderson central school district  approved  several  capital
improvement  projects  which  were  designated  by  the  state education
department    as    project    numbers     22-09-09-04-0-010-006     and
22-09-09-04-0-010-005.  In  addition,  the  projects  were  eligible for
certain state aid. The legislature further finds that due to ministerial
error, a required filing for eligibility for such aid was  not  made  by
the  district  in  a  timely  manner  making the district ineligible for
certain aid. The legislature further finds that without  such  aid,  the
capital  improvement  projects  will impose an additional, unanticipated
hardship on district taxpayers.
  S 2. All the acts done and proceedings heretofore  had  and  taken  or
caused  to  be  had and taken by the Belleville Henderson central school
district and by all its officers or agents relating to or in  connection
with  certain  final  cost  reports to be filed with the state education
department for projects 22-09-09-04-0-010-006 and 22-09-09-04-0-010-005,
and all acts incidental thereto are hereby legalized,  validated,  rati-
fied  and  confirmed,  notwithstanding  any  failure  to comply with the
approval and filing provisions of the education law or any other law  or
any  other  statutory  authority, rule or regulation, in relation to any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09938-01-1

S. 3882                             2                            A. 6146

omissions, error, defect, irregularity or illegality in such proceedings
had and taken, and provided further that any amount due and  payable  to
the  Belleville Henderson central school district for school years prior
to  the  2011--2012  school  year  as a result of this act shall be paid
pursuant to the provisions of paragraph c of subdivision  5  of  section
3604 of the education law.
  S 3. The state education department is hereby directed to consider the
approved  costs of the aforementioned projects as valid and proper obli-
gations of the Belleville Henderson central school district.
  S 4. This act shall take effect immediately.

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