senate Bill S5423

Vetoed Amended

Dissolves the West Park union free school district, in the town of Esopus and county of Ulster; repealer

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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

  • 19 / May / 2011
    • REFERRED TO EDUCATION
  • 02 / Jun / 2011
    • AMEND AND RECOMMIT TO EDUCATION
  • 02 / Jun / 2011
    • PRINT NUMBER 5423A
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1086
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1223
  • 14 / Jun / 2012
    • AMENDED ON THIRD READING (T) 5423B
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO EDUCATION
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A8272A
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.415
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 21 / Sep / 2012
    • DELIVERED TO GOVERNOR
  • 03 / Oct / 2012
    • VETOED MEMO.166

Summary

Dissolves the West Park union free school district, in the town of Esopus in the county of Ulster; provides for the payment of the debts and obligations of such school district.

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Bill Details

Versions:
S5423
S5423A
S5423B
Legislative Cycle:
2011-2012
Law Section:
Education
Laws Affected:
Rpld Chap 744 of 1973; amd ยง1, Chap 566 of 1967
Versions Introduced in 2011-2012 Legislative Cycle:
A8272A

Sponsor Memo

BILL NUMBER:S5423

TITLE OF BILL:
An act
to provide for the payment of the debts and obligations of the West
Park
union free school district,
in the town of Esopus in the county of
Ulster; to amend chapter 566 of the laws of 1967, relating to providing
for the apportionment of funds to certain special school districts, in
relation to eliminating references to the West Park union free school
district; and to repeal chapter 744 of the laws of 1973 relating to
establishing and constituting as a separate union free school district
certain territory in the town of Esopus in the county of Ulster

PURPOSE:
To repeal references to the West Park union free school district at
Esopus since this school is no longer active and has no students. It
also amends provisions relating to state aid to such school to
resolve any outstanding debts and obligations so that the books of
the West Park union free school district can be closed.

SUMMARY OF PROVISIONS:
Section 1: Repeals Chapter 744 of the laws of 1973 which created the
West Park Union Free School District

Section 2: Removes West Park Union Free from the list of special act
school districts that the Commissioner is authorized to include in
the annual apportionment of public moneys.

Section 3: Provides that any funds remaining in possession of the
district after all its debts have been paid shall be paid over to the
social services districts who had resident children served by the
district in the 2010-2011 school year on a proportionate basis.

In addition, this bill requires the board of education to establish a
trust account, annuity or other appropriate account for the purpose
of payment to its former employees of the costs of health insurance
in retirement and shall deposit into such account all available funds
not otherwise
encumbered until an amount sufficient to fulfill its projected
obligations for the provision of health insurance pursuant to 11-A of
the civil service law are met.

Section 4: Provides for the transfer of the records of such school
district to the District Superintendent of Schools of the Sole
Supervisory District of Ulster County, and transfers the local
records management grant that is payable to such school district in
the 2010-2011 school year for the management of its records to the
Ulster County Board of Cooperative Educational Services (BOCES), and
provides for the purpose of future grants.

Section 5: Provides for the transfer of the territory of the West Park
union free school district to the Kingston city school district.

Section 6: This act shall take effect immediately.


EXISTING LAW:
The current law establishes the existence of this school district.

JUSTIFICATION:
The West Park Union Free School district closed its doors at the end
of February 2011. This bill dissolves the existence of this school
and resolves any unpaid obligations.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

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
________________________________________________________________________

                                  5423

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 19, 2011
                               ___________

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

AN ACT to provide for the payment of the debts and  obligations  of  the
  West  Park  union  free  school district, in the town of Esopus in the
  county of Ulster; to amend chapter 566 of the laws of  1967,  relating
  to  providing for the apportionment of funds to certain special school
  districts, in relation to eliminating  references  to  the  West  Park
  union  free  school district; and to repeal chapter 744 of the laws of
  1973 relating to establishing and constituting  as  a  separate  union
  free  school  district  certain territory in the town of Esopus in the
  county of Ulster

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

  Section  1.  Chapter  744 of the laws of 1973 relating to establishing
and constituting as a separate union free school district certain terri-
tory in the town of Esopus in the county of Ulster is REPEALED.
  S 2. Section 1 of chapter 566 of the laws of 1967, relating to provid-
ing for the apportionment of funds to certain special school  districts,
as  amended  by  chapter  478 of the laws of 2006, is amended to read as
follows:
  Section 1. Notwithstanding the provisions of section 3602  and  3602-b
of  the  education  law, and in lieu of any apportionments to which such
school districts might otherwise be  entitled  under  such  sections  or
under  any  other  provisions  of  law, the commissioner of education is
hereby authorized to include the following school districts in the annu-
al apportionment of  public  moneys  and  such  apportionment  shall  be
computed  in  accordance  with the provisions of sections two, three and
four of this act: union free school district number twenty-seven of  the
town of Dryden, Tompkins county; union free school district number eight
of  the  town  of  Canaan,  Columbia county; union free school districts
numbers ten, eleven, twelve and thirteen  of  the  town  of  Greenburgh,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10327-02-1

S. 5423                             2

Westchester  county;  union free school districts numbers three and four
of the town of Mount Pleasant, Westchester  county;  union  free  school
district  number  six,  Blythedale,  town of Mount Pleasant, Westchester
county;  and  Randolph Children's Home union free school district of the
town of Randolph, Cattaraugus  county;  [West  Park  union  free  school
district  number  two,  town  of  Esopus,  Ulster county;] common school
district number seven of the town of  Oyster  Bay,  Nassau  county;  the
Hopevale  union  free school district, town of Hamburg, Erie county; and
union free school district number  three,  town  of  Riverhead,  Suffolk
county.
  S 3. Any funds remaining in the possession of the West Park union free
school  district number two, after all of its debts and obligations have
been paid, shall be paid over to each social  services  district  having
resident children served by such school district in the 2010-2011 school
year  in  the  same  proportion as the number of students placed by each
such social services district and served by such school district in  the
2010-2011  school  year  bears to the total number of students served by
such school district in the 2010-2011 school year.  Though  such  school
district be dissolved, section 1518 of the education law shall be deemed
to  apply,  and  it  shall  continue  to exist in law for the purpose of
providing for and paying all its just debts and the board  of  education
shall  continue to be authorized to receive funds payable to such school
district or board of education,  including,  but  not  limited  to,  any
tuition  reimbursement  pursuant  to article 81 of the education law for
services rendered to students on or before January 1, 2011. The board of
education shall establish a trust account, annuity or other  appropriate
account  for the purpose of payment to its former employees of the costs
of health insurance in retirement and shall deposit  into  such  account
all  available funds not otherwise encumbered until an amount sufficient
to fulfill its projected obligations for the provision of health  insur-
ance pursuant to article 11-A of the civil service law are met.
  S  4.  The  records of the West Park union free school district number
two shall be forwarded to the district superintendent of schools of  the
sole  supervisory  district of Ulster county for preservation.  Notwith-
standing any other provision of law to the contrary, the  local  govern-
ment  records  management  grant  payable to such school district in the
2010-2011 school year for the management of such records shall  be  paid
to the board of cooperative educational services of the sole supervisory
district  of the county of Ulster, which shall use such funds in accord-
ance with the terms and conditions of such grant. Such records shall  be
deemed  to  be  records of the board of cooperative educational services
for purposes of such local government records management grants.
  S 5. The territory comprising the West Park union free school district
number two, town of Esopus, county of Ulster, shall revert to and become
a part of the Kingston city school district in the county of Ulster.
  S 6. This act shall take effect immediately.

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