NY State Senate Bill 2009-S4788

Senate Bill S4788

2009-2010 Legislative Session

Legalizes, validates, ratifies and confirms actions taken by board of education of the Northern Adirondack central school district with regard to purchasing 3 buses

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Apr 27, 2009	referred to education

2009-S4788 (ACTIVE) - Details

See Assembly Version of this Bill:: A8388
Current Committee:: Senate Education
Law Section:: Education

2009-S4788 (ACTIVE) - Summary

Legalizes, validates, ratifies and confirms actions taken by the board of education of the Northern Adirondack central school district with regard to purchasing 3 school buses in 2005.

2009-S4788 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4788

 TITLE OF BILL :  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


 PURPOSE :
To correct an error by the Northern Adirondack Central School District
with respect to a proposition for school bus purchases.

 SUMMARY OF PROVISIONS :
Section one - states the legislative findings

Section two - validates, ratifies and confirms certain actions taken
by the Northern Adirondack Central School District School Board -

Section three - makes compliance with local finance law

Section four - contains the separability clause

Section five - effective date

 EXISTING LAW :
Education law and state finance law requires a separate proposition on

the ballot for bus purchases.

 JUSTIFICATION :
In 2005-06 school year, the Northern Adirondack Central School
District Board of Education requested the purchase of three school
buses under a five year financing plan, in an attempt to match cash
flow to the new state aid process for bus purchases. Due to the change
in procedure coupled with transition in the school's business office,
the district did not properly include a separate proposition for voter
consideration regarding the bus purchases. However, the district did
budget for one year of the related debt service.. In addition, the
budget included a line item for "Bus Purchase" which was subsequently
approved by the voters on May 17, 2005.

This legislation has been introduced at the request of the Northern
Adirondack Central School District.

 LEGISLATIVE HISTORY :  2008: S.1101-A/A.2047-A Veto #154
2006: S.8164 Passed Senate; A.11847 Education

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4788 (ACTIVE) - Bill Text download pdf

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

                                  4788

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- 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  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

S. 4788                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.