senate Bill S5423A

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:S5423A

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 and school district 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 such records shall be
deemed to be records of the board of cooperative educational services
of the sole supervisory district of Ulster county for purpose of
local government records management grants pursuant to section 57.35
of the arts and cultural affairs law.

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 July 1, 2011; provided that if
this act shall not have become a law on or before July 1, 2011, then
this act shall take effect immediately and shall be deemed to have
been in full force and effect on and after July 1, 2011.

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 on July 1, 2011, with provisions.

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

                                 5423--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10327-03-1

S. 5423--A                          2

of the town of Canaan, Columbia  county;  union  free  school  districts
numbers  ten,  eleven,  twelve  and  thirteen of the town of Greenburgh,
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  and
school  district  having resident children served by the West Park union
free school district number two in the 2010-2011 school year in the same
proportion as the number of students placed by each such social services
district or school district and served  by  the  West  Park  union  free
school  district  number  two  in the 2010-2011 school year bears to the
total number of students served by  the  West  Park  union  free  school
district  number  two in the 2010-2011 school year. Though the West Park
union free school district number two 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 insurance 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
board  of  cooperative  educational  services  of  the  sole supervisory
district of Ulster county for preservation.  Notwithstanding  any  other
provision  of  law  to  the contrary, such records shall be deemed to be
records of the board of cooperative educational  services  of  the  sole
supervisory  district  of Ulster county for purposes of local government
records management grants pursuant to section  57.35  of  the  arts  and
cultural affairs law.
  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 July 1, 2011; provided that if this
act shall not have become a law on or before July 1, 2011, then this act
shall take effect immediately and shall be deemed to have been  in  full
force and effect on and after July 1, 2011.

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