S T A T E O F N E W Y O R K
________________________________________________________________________
10272--B
I N A S S E M B L Y
March 16, 2010
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend chapter 118 of the laws of 1969, relating to a separate
union free school district in the town of Greenburgh in the county of
Westchester, in relation to clarifying the authority of the Greenburgh
North Castle Union Free School District to lease certain properties
located outside of its boundaries and to establish that the Greenburgh
North Castle Union free school district number twelve and St.
Christopher's Inc. are "private not-for-profit schools"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118 of the laws of 1969, relating to a separate
union free school district in the town of Greenburgh in the county of
Westchester is amended by adding a new section 2-a to read as follows:
S 2-A. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE
CONTRARY, IN ADDITION TO THE POWERS GRANTED BY SECTION TWO OF THIS ACT,
SUBJECT TO THE APPROVAL OF THE NEW YORK STATE EDUCATION DEPARTMENT, THE
BOARD OF EDUCATION SHALL BE AUTHORIZED TO LEASE PROPERTIES LOCATED AT
623 BLOOMING GROVE TURNPIKE, IN THE TOWN OF NEW WINDSOR, COUNTY OF
ORANGE FOR THE PURPOSE OF PROVIDING INSTRUCTION TO STUDENTS ENROLLED IN
THE SCHOOL DISTRICT.
S 2. The actions of the board of education of the Greenburgh North
Castle Union Free School District in entering a lease of properties
located at 623 Blooming Grove Turnpike, in the town of New Windsor,
county of Orange prior to the effective date of this act are hereby
ratified, validated and confirmed notwithstanding its location outside
of the school district boundaries.
S 3. (a) Notwithstanding any provision of law to the contrary, the
Greenburgh North Castle union free school district number twelve, of the
towns of Greenburgh and North Castle, in the county of Westchester,
created pursuant to chapter 118 of the laws of 1969, as amended and St.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16443-06-0
A. 10272--B 2
Christopher's Inc. shall each, to the extent necessary or applicable to
effectuate the provisions of this section, be deemed to be a "private
not-for-profit school" within the provisions of title four of article
eight of the public authorities law, chapter 698 of the laws of 1991 and
chapter 294 of the laws of 1998, solely for the purposes of assuming the
obligations of the McQuade foundation in connection with the dormitory
authority's "The McQuade foundation insured revenue bonds, series 2005",
and not for the purposes of any other law, rule, regulation or statute.
Provided further, that, notwithstanding the assumption of such obli-
gations, the Greenburgh North Castle union free school district number
twelve shall be permitted to operate the capital facilities financed by
the proceeds of the McQuade foundation insured revenue bonds, series
2005 for the purposes of providing services pursuant to such school
district's contracts with other public school districts or social
services districts for the education of children with handicapping
conditions pursuant to article eighty-one or eighty-nine of the educa-
tion law.
(b) Notwithstanding any provision of law to the contrary, the dormito-
ry authority, St. Christopher's Inc. and the Greenburgh North Castle
union free school district number twelve, of the towns of Greenburgh and
North Castle, in the county of Westchester, are each hereby authorized
to enter into such agreements as the dormitory authority deems reason-
able or necessary to comply with the requirements of subdivision (a) of
this section and to provide for the performance of the obligations of
St. Christopher's Inc. and the Greenburgh North Castle union free school
district number twelve, in accordance with the provisions of title four
of article eight of the public authorities law, chapter 698 of the laws
of 1991, chapter 294 of the laws of 1998 and the dormitory authority's
contract with the holders of the McQuade foundation insured revenue
bonds, series 2005. In furtherance thereof, the Greenburgh North Castle
union free school district number twelve, St. Christopher's Inc. and the
dormitory authority are hereby authorized to enter into one or more
leases or other agreements pursuant to which the Greenburgh North Castle
union free school district number twelve and St. Christopher's Inc.,
among other things, shall: (i) agree to pay annual rentals in an amount
sufficient to pay the principal and interest due on the McQuade founda-
tion insured revenue bonds, series 2005 as such annual rentals come due
and any other amounts payable to the dormitory authority under such
agreements; and (ii) pledge to the dormitory authority, as security for
their respective obligations under such leases or other agreements, that
part of the tuition payments payable by public school districts and
social services districts for services rendered by the Greenburgh North
Castle union free school district number twelve as determined by the
commissioner of education pursuant to section four thousand four of the
education law.
(c) Upon the assumption of the aforesaid obligations of the McQuade
foundation by the Greenburgh North Castle union free school district
number twelve, of the towns of Greenburgh and North Castle, and St.
Christopher's Inc., all amounts currently or hereafter held by the state
comptroller in the private not-for-profit school capital facilities
financing reserve account established for the McQuade foundation shall
continue to be held to provide for the payment of such assumed obli-
gations and applied in accordance with the provisions of paragraph f of
subdivision thirty-one of section sixteen hundred eighty of the public
authorities law. In addition, every public school district and social
services district shall make payment of the tuition payments referenced
A. 10272--B 3
in subdivision (b) of this section to the state comptroller for deposit
into the financing reserve fund account established pursuant to para-
graph f of subdivision thirty-one of section sixteen hundred eighty of
the public authorities law.
(d) Nothing in this chapter shall authorize the Greenburgh North
Castle union free school district number twelve, of the towns of Green-
burgh and North Castle, and St. Christopher's Inc. from effectuating the
transactions authorized under this act without first obtaining any
governmental approvals, consents, licenses, permits and accreditation
otherwise required under law, which shall include but not be limited to
programmatic approval of the commissioner of education.
(e) Nothing in this chapter shall be construed to impair the validity
of the McQuade foundation insured revenue bonds, series 2005 and such
bonds shall, in all respects, continue to be valid and binding obli-
gations of the dormitory authority authorized under and governed by the
provisions of title four of article eight of the public authorities law,
chapter 698 of the laws of 1991 and chapter 294 of the laws of 1998,
including, without limitation subdivision thirty-one of section sixteen
hundred eighty of the public authorities law, except as is expressly
provided in this section.
S 4. This act shall take effect immediately.