Assembly Bill A8388

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

                                  8388

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2009
                               ___________

Introduced by M. of A. DUPREY -- read once and referred to the Committee
  on Education

AN  ACT  to legalize, validate, ratify and confirm certain actions taken
  by the board of education of the Northern  Adirondack  central  school
  district with regard to the purchase of certain school buses

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

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
determines that pursuant to the fiscal year 2005-2006 budget approved by
the  board  of  education  of  the  Northern  Adirondack  central school
district at its regular meeting on April 18, 2005, the budget included a
line item for "bus purchase" in the amount of $47,877 for the payment of
one year's principal and interest payments on borrowings intended to  be
incurred by such school district to finance the purchase of three school
buses;  that  on May 17, 2005 a budget resolution including such $47,877
line item for the payment of one year's debt service of the three school
buses was approved by the voters of the school district on a vote of 328
to 119; that a separate proposition on the purchase of such school buses
was never submitted to the qualified voters for their approval; that the
resolution and proposition approved by the board of  education  and  the
voters,  respectively, were not in compliance with applicable provisions
of the education law and the local finance law  since  approval  of  the
purchase  of  such  school buses by a separate proposition was required;
that on July 19 and August 24, 2005 the school buses  were  acquired  by
the  Northern  Adirondack  central  school district and payment was made
from the school district's general fund in the amount of $241,100.42.
  S 2. Notwithstanding the defects described in section one of this act,
the purchase of the school buses described therein, the payment from the
Northern  Adirondack  central  school   district's   general   fund   of
$241,100.42  to  pay  the  purchase price thereof, and the acceptance of
title to said school buses, and all resolutions,  acts  and  proceedings

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00264-01-9
              

A. 8388                             2

heretofore  adopted  or  taken by the board of education of the Northern
Adirondack central school  district  in  relation  thereto,  are  hereby
legalized,  validated,  ratified and confirmed. Further, notwithstanding
the  provisions of any general or special law to the contrary, including
without limitation subdivision 5 of section 109-b of the general munici-
pal law, section 37.00 of the local finance law  and  subdivision  2  of
paragraph  c  of  section  104.00 of the local finance law, the board of
education of the Northern Adirondack central school district  is  hereby
authorized  to  adopt  a bond resolution or a resolution authorizing the
lease/purchase of said school buses without the necessity  of  obtaining
prior  approval  by  a  majority  of the qualified voters of said school
district of a proposition authorizing the purchase of such school buses;
said school district is authorized, pursuant to any such  resolution  of
the  board of education to issue its obligations under the local finance
law or to enter into a lease/purchase agreement, to finance said  school
buses, in either case, in a maximum principal amount of $241,100.42, and
said  school  district shall be eligible to receive state transportation
aid with respect to the purchase and financing of said school buses.
  S 3. Except as otherwise set forth in this act, any obligations of the
Northern Adirondack central school district issued pursuant to this  act
shall  be  issued in accordance with the provisions of the local finance
law.
  S 4. If any clause, sentence, subdivision, paragraph, section or  part
of  this  act  be adjudged by any court of competent jurisdiction, to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  subdivision,  paragraph,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S 5. This act shall take effect immediately.