senate Bill S4564

Vetoed

Legalizes, validates, ratifies and confirms certain transportation contracts of the Schenectady city school district

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Sponsor

Bill Status


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

  • 12 / Apr / 2011
    • REFERRED TO EDUCATION
  • 10 / May / 2011
    • 1ST REPORT CAL.568
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2011
    • PASSED SENATE
  • 01 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 01 / Jun / 2011
    • REFERRED TO EDUCATION
  • 16 / Jun / 2011
    • SUBSTITUTED FOR A7730
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.378
  • 16 / Jun / 2011
    • PASSED ASSEMBLY
  • 16 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2011
    • VETOED MEMO.76

Summary

Legalizes, validates, ratifies and confirms certain transportation contracts of the Schenectady city school district which were denied by the education department for failure of the district to publish certain information required by statute.

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Bill Details

See Assembly Version of this Bill:
A7730
Versions:
S4564
Legislative Cycle:
2011-2012
Law Section:
Education
Versions Introduced in Previous Legislative Cycles:
2009-2010: S693A, S7217A, A4587A
2007-2008: S8797

Sponsor Memo

BILL NUMBER:S4564

TITLE OF BILL:
An act
to legalize, validate, ratify and confirm certain transportation
contracts of the Schenectady city school district

PURPOSE:
To legalize, validate, ratify and confirm certain acts of the
Schenectady City School District in order to ensure that the District
receives needed state reimbursement that it was supposed to receive
for certain transportation contracts.

SUMMARY OF PROVISIONS:
Section 1 of the bill legalizes, validates, ratifies and confirms the
acts and proceedings of the Schenectady City School District in
relation to certain transportation contracts. Section 2 of the bill
directs the Education Department to consider the approved costs of
such transportation contracts as valid and proper obligations of the
Schenectady City School District.

JUSTIFICATION:
In 2008, the State Education Department identified an error in a legal
notice published several years earlier by the Schenectady City School
District in relation to certain transportation services for the
2003-04 school year. Because of this error, the Department indicated
that the expected state transportation aid could not be paid for
these two contracts which covered the 2003-04 school year.
To exacerbate the situation, the Education Department also indicated
that the District could not be reimbursed for transportation expenses
incurred in connection with the extension of those contracts in the
2004-05, 2005-06,2006-07,2007-08 and 2008-09 school years. Because
the School District was unaware that there was a problem with the
original contracts, it had extended the contracts several times.
Because of the delay in identifying the original error, the potential
financial ramifications of this error increased dramatically.
The loss of this aid would be an excessive and unwarranted punishment
for an unintended error in a legal notice. This would have a
significant negative impact on schoolchildren and local taxpayers.
The state should not receive a windfall at the expense of the local
school district because of an administrative error. This legislation
will enable the District to receive the appropriate transportation
aid which it would otherwise be entitled to receive.

FISCAL IMPLICATIONS:
This bill does not cost the state any extra
money. Each year, the state budget includes funds to help school
districts with their transportation expenses. This bill simply
enables the Schenectady City School District to receive the
transportation aid that was allocated for it in the state budget.
These funds had been set aside for the District to receive as

reimbursement for the expenses it incurred in providing needed
transportation services to students.

EFFECTIVE DATE:
Immediately.

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

                                  4564

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to legalize, validate, ratify and confirm certain  transportation
  contracts of the Schenectady city school district

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

  Section 1. All the acts done and proceedings heretofore had and  taken
or  caused  to  be had and taken by the Schenectady city school district
and by all officers, employees or agents of such school district  relat-
ing  to  or  in  connection  with  transportation  contracts C252137 and
C252138 for the 2003-2004  school  year,  and  transportation  contracts
E252137  and  E252138  for  the  2004-05,  2005-06, 2006-07, 2007-08 and
2008-09 school years, and all acts incidental thereto are hereby  legal-
ized,  validated, ratified and confirmed, notwithstanding any failure to
comply with the contract award, approvals and filing provisions  of  the
education law, general municipal law or any other law or any other stat-
utory  authority, rule or regulation, other than those filing provisions
defined in paragraph a of subdivision 5 of section 3604 of the education
law, in relation to any omission, error, defect, irregularity  or  ille-
gality  in  such proceeding had and taken, and provided further that any
amount due and payable to the Schenectady  city  school  district  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  2.  The  education  department  is  hereby directed to consider the
aforementioned contracts for transportation  aid  as  valid  and  proper
obligations of the Schenectady city school district.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09248-01-1

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