NY State Senate Bill 2009-S7217

Senate Bill S7217

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2010	print number 7217a
Jun 10, 2010	amend and recommit to education
Mar 23, 2010	referred to education

Bill Amendments

Original

A (Active)

2009-S7217 - Details

Current Committee:: Senate Education
Law Section:: Education
Versions Introduced in 2011-2012 Legislative Session:: S4564, S6147

2009-S7217 - 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.

2009-S7217 - Sponsor Memo

                                 BILL NUMBER:  S7217

 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 and 2007-08 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 allocated transportation aid that it
was expected to receive, and to which it would otherwise be entitled.

 EFFECTIVE DATE :
Immediately.

2009-S7217 - Bill Text download pdf

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

                                  7217

                            I N  S E N A T E

                             March 23, 2010
                               ___________

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 and 2007-08 school
years,  and all acts incidental thereto are hereby legalized, 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 statutory authority,
rule or regulation, other than those filing provisions defined in  para-
graph  a  of  subdivision  5  of  section  3604 of the education law, in
relation to any omission, error, defect, irregularity or  illegality  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 subdivi-
sion 5 of section 3604 of the education law.
  S 2. The education department  is  hereby  directed  to  consider  the
approved costs of 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.
                                                           LBD05047-04-0

2009-S7217A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education
Versions Introduced in 2011-2012 Legislative Session:: S4564, S6147

2009-S7217A (ACTIVE) - Summary

2009-S7217A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7217A

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 Schenecta-
dy 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 transporta-
tion 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 ramifi-
cations 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 transpor-
tation services to students.

EFFECTIVE DATE:

Immediately.

2009-S7217A (ACTIVE) - Bill Text download pdf

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

                                 7217--A

                            I N  S E N A T E

                             March 23, 2010
                               ___________

Introduced  by  Sen.  FARLEY -- 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 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.
                                                           LBD05047-08-0

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