senate Bill S6490

Vetoed Amended

Provides for the dissolution of union free school district number 13 in the town of Greenburgh in Westchester; repealer

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Sponsor

Bill Status


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

actions

  • 15 / Feb / 2012
    • REFERRED TO EDUCATION
  • 18 / Apr / 2012
    • 1ST REPORT CAL.504
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • AMENDED ON THIRD READING (T) 6490A
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO EDUCATION
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A9334A
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.419
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 21 / Sep / 2012
    • DELIVERED TO GOVERNOR
  • 03 / Oct / 2012
    • VETOED MEMO.167

Summary

Provides for the dissolution of union free school district number 13 in the town of Greenburgh in Westchester; and relates to eliminating reference to such union free school district.

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Bill Details

Versions:
S6490
S6490A
Legislative Cycle:
2011-2012
Law Section:
Education
Laws Affected:
Rpld Chap 559 of 1972; amd ยง1, Chap 566 of 1967

Votes

Sponsor Memo

BILL NUMBER:S6490

TITLE OF BILL:
An act
to amend
chapter 566 of the laws of 1967, relating to providing for the
apportionment of funds to certain special act school districts, in
relation to eliminating reference to such union free school district
number 13; and to repeal chapter 559 of the laws of 1972, relating to
establishing union free school district number 13 in the town of
Greenburgh in the county of Westchester, relating to the dissolution of
such union free school district

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to dissolve the Abbott School, a special
act school district, known as union free school district number 13
and to provide for the transfer of all records and to provide for the
continuation of the school district's retirees' health insurance
benefits.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill repeals Chapter 559 of the laws of 1972,
relating to establishing union free school district number 13 in the
town of Greenburgh in the county of Westchester.

Section 2 of the bill states that any funds remaining in the
possession of the union free school district number 13 after all its
debts and obligations have been paid, shall be paid over to the board
of cooperative education services of the sole supervisory district of
the county of Westchester (Southern Westchester BOCES) for the
services provided to such union free school district.

Section 3 of the bill authorizes Southern Westchester BOCES to take
any actions on behalf of the school district that are reasonably
necessary to complete the close down and dissolution of the district
that the board of education would have, including but not limited to,
the power to enter contracts, pay debts and bill for and receive any
reimbursement due and owing for tuition or maintenance pursuant to
article 81 of the education law or any other provision of law for
services rendered to students on or before the school district ceased
operation on July 1, 2011.

Section 4 of the bill directs that the records of union free school
district number 13 shall be forwarded to the district superintendent
of schools of the sole supervisory district of the counties of Orange
and Ulster (Orange-Ulster BOCES) for preservation.

Section 5 of the bill deems all former employed of union free school
district number 13 for whom such school district agreed by contract
to pay the costs of health insurance in retirement shall be retired
employees of the state of New York entitled to participate in the New
York State Health Insurance Program under the terms and conditions of
such program applicable to managerial and confidential employees of
the State.


Section 6 states that the territory comprising the union free school
district number 13 shall revert to and become part of the Irvington
union free school district in the county of Westchester.

Section 7 of the bill amends Section 1 of Chapter 566 of the laws of
1967, relating to providing for the apportionment of funds to certain
special school districts, as amended by Chapter 213 of the laws of 20
11 eliminating union free school district number 13 from the school
districts entitled to the apportionment of public moneys.

Section 8 of the bill is the effective date.

JUSTIFICATION:
This legislation is necessary to establish the appropriate closure
procedures of the union free school district number 13 in the town of
Greenburgh, County of Westchester; authorize the appropriate transfer
of student and financial records, as well as ensure that the retirees
whom by contract, were provided health insurance benefits in
retirement continue to do so.

LEGISLATIVE HISTORY:
New Bill- 2012

EFFECTIVE DATE:
This act shall take effect immediately, provided, however that section
seven of this act shall take effect upon the dissolution of union
free school district number three in the in the town of Hamburg, Erie
County pursuant to the provisions of section 3 of chapter 213 of the
laws of 2011.

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

                                  6490

                            I N  S E N A T E

                            February 15, 2012
                               ___________

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

AN ACT to amend chapter 566 of the laws of 1967, relating  to  providing
  for   the  apportionment  of  funds  to  certain  special  act  school
  districts, in relation to eliminating reference  to  such  union  free
  school  district  number  13; and to repeal chapter 559 of the laws of
  1972, relating to establishing union free school district number 13 in
  the town of Greenburgh in the county of Westchester, relating  to  the
  dissolution of such union free school district

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

  Section 1. Chapter 559 of the laws of 1972, relating  to  establishing
union  free  school  district number 13 in the town of Greenburgh in the
county of Westchester, is REPEALED.
  S 2. Any funds remaining in the possession of the  union  free  school
district number 13, town of Greenburgh, county of Westchester, after all
of  its  debts and obligations have been paid, shall be paid over to the
board of  cooperative  educational  services  of  the  sole  supervisory
district  of  the county of Westchester (Southern Westchester BOCES) for
the services provided to such union free  school  district  pursuant  to
section three of this act. Though such union free school district number
13  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  provid-
ing  for and paying all its just debts; provided that the board of coop-
erative educational services of the sole  supervisory  district  of  the
county  of  Westchester (Southern Westchester BOCES) shall be authorized
to act on behalf of the school district pursuant  to  section  three  of
this act.
  S  3.  Notwithstanding  any  other  provision  of law to the contrary,
during any period in which there is no duly constituted board of  educa-
tion of union free school district number 13, town of Greenburgh, county
of  Westchester,  the  board  of cooperative educational services of the
sole supervisory district of the county of Westchester  (Southern  West-
chester  BOCES) shall be authorized to take any actions on behalf of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14634-01-2

S. 6490                             2

school district that are reasonably necessary to complete the close down
and dissolution of the district that the board of education would  have,
including  but  not  limited to, the power to enter contracts, pay debts
and  bill for and receive any reimbursement due and owing for tuition or
maintenance pursuant to article 81 of the education  law  or  any  other
provision  of  law  for  services  rendered to students on or before the
school district ceased operation on July 1, 2011. In such capacity, such
board of cooperative educational services and its officers and employees
shall be entitled to defense and indemnification by the  state  pursuant
to section seventeen of the public officers law.
  S  4.  The  records  of  union free school district number 13, town of
Greenburgh, county of Westchester, shall be forwarded  to  the  district
superintendent  of schools of the sole supervisory district of the coun-
ties of  Orange  and  Ulster  (Orange-Ulster  BOCES)  for  preservation.
Notwithstanding any other provision of law to the contrary, such records
shall  be  deemed  to be the records of such board of cooperative educa-
tional services for purposes of the management and disposition  of  such
records.
  S 5. Notwithstanding any other provision of law, rule or regulation to
the  contrary, all former employees of union free school district number
13, town of Greenburgh, county  of  Westchester  for  whom  such  school
district  agreed  by  contract  to  pay the costs of health insurance in
retirement shall, as of the  effective  date  of  this  act,  be  deemed
retired  employees  of  the state of New York entitled to participate in
the New York state health insurance program under the terms  and  condi-
tions  of such program applicable to managerial and confidential employ-
ees of the state.
  S 6. The territory comprising the union free  school  district  number
13,  town  of  Greenburgh,  county  of  Westchester, shall revert to and
become part of the Irvington union free school district in the county of
Westchester.
  S 7. 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  213 of the laws of 2011, 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, AND twelve [and thirteen] of  the  town  of  Green-
burgh, 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,  West-
chester  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; and
union free school district number  three,  town  of  Riverhead,  Suffolk
county.

S. 6490                             3

  S  8.  This  act shall take effect immediately; provided, however that
section seven of this act shall take  effect  upon  the  dissolution  of
union  free  school  district  number three in the town of Hamburg, Erie
county pursuant to the provisions of section 3 of  chapter  213  of  the
laws of 2011.

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