NY State Senate Bill 2009-S4806

Senate Bill S4806

2009-2010 Legislative Session

Exempts from certain requirements for installment purchase contracts, those contracts for the purchase of transportation for Indian children by a school district

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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
Jan 06, 2010	referred to local government
Apr 27, 2009	referred to local government

2009-S4806 (ACTIVE) - Details

See Assembly Version of this Bill:: A8234
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §109-b, Gen Muni L; add §1502-b, Ed L

2009-S4806 (ACTIVE) - Summary

Exempts from certain requirements for installment purchase contracts, those contracts for the purchase of transportation for Indian children by a school district with which the commissioner of education has a contract for the education of such children; provides that school district expenditures for such purpose shall not be subject to the approval of the qualified voters of the school district.

2009-S4806 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4806

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to exempting installment purchase contracts for the
transportation of Indian children by a school district from certain
requirements; and to amend the education law, in relation to exempting
all transportation expenses for Native American students from the
approval of school district voters

 PURPOSE :  The purpose of this bill is to exempt from certain
requirements for installment purchase contracts, those contracts for
the purchase of transportation for Indian children by a school
district.

 SUMMARY OF PROVISIONS :  Section 1 amends paragraph (a) of
subdivision 1 of section 109-b of the general municipal law, as
amended by chapter 258 of the laws of 1994.

Section 2 adds a new section 1502-b to education law to exempt
contract schools upon approval of the local school board, from certain
transportation expenditure vote requirements.

Section 3 provides for an immediate effective date.

 JUSTIFICATION :  Section 4101 of the Education Law, subsection 3,
authorizes the Commissioner of Education to contract with school

districts for the support and education of Native American students.
It also authorizes the Commissioner to pay from the funds set apart
for Native American education any necessary expense incurred thereby,
including certain transportation and building costs.

"Contract schools" are those schools which have a tuition agreement
under terms expressed in the New York State Native American
transportation contract. Under these terms, contract schools are
restricted in their ability to finance bus purchases. They may receive
state reimbursement for the purchases, however, according to general
municipal law, they cannot finance the necessary bus purchases while
waiting for state reimbursement. This bills exempts contract schools
from having to receive voter approval in order to purchase buses for
Native American students' transportation on and off their
reservations.

This bill would allow the school districts to provide for adequate
transportation to and from school for Native American students,
thereby meeting the responsibility of the state to provide educational
support for these students.

 LEGISLATIVE HISTORY :  2007-08: S.5499

 FISCAL IMPLICATIONS :  None to the State.

 EFFECTIVE DATE :  This act shall take effect immediately, provided,
that the amendments to paragraph (a) of subdivision 1 of section 109-b
of the general municipal law made by section one of this act shall not
affect the repeal of such section and shall be deemed to repeal
therewith.

2009-S4806 (ACTIVE) - Bill Text download pdf

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

                                  4806

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal  law,  in  relation  to  exempting
  installment  purchase contracts for the transportation of Indian chil-
  dren by a school district from certain requirements; and to amend  the
  education  law,  in  relation to exempting all transportation expenses
  for Native American students from  the  approval  of  school  district
  voters

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

  Section 1. Paragraph (a) of subdivision 1  of  section  109-b  of  the
general municipal law, as amended by chapter 258 of the laws of 1994, is
amended to read as follows:
  (a) "Political subdivision" shall mean a municipal corporation, school
district,  district  corporation  or  board  of  cooperative educational
services; PROVIDED, THAT SUCH TERM SHALL NOT INCLUDE ANY SCHOOL DISTRICT
THAT HAS CONTRACTED WITH THE COMMISSIONER OF EDUCATION TO EDUCATE INDIAN
CHILDREN PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-ONE HUNDRED ONE OF
THE EDUCATION LAW, WITH REGARD TO ANY INSTALLMENT PURCHASE CONTRACT  FOR
ANY MEANS OF TRANSPORTING SUCH CHILDREN.
  S  2.  The  education law is amended by adding a new section 1502-b to
read as follows:
  S 1502-B. EXPENDITURES FOR TRANSPORTATION OF NATIVE AMERICAN CHILDREN.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, UPON THE APPROVAL  OF
ANY  EXPENDITURE  OF MONEYS FOR THE TRANSPORTATION OF INDIAN CHILDREN BY
THE BOARD OF A SCHOOL DISTRICT, WHEN SUCH DISTRICT HAS  CONTRACTED  WITH
THE  COMMISSIONER  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION FORTY-ONE
HUNDRED ONE OF THIS CHAPTER, SUCH EXPENDITURE SHALL NOT  BE  SUBJECT  TO
THE  APPROVAL  OF  THE  QUALIFIED VOTERS OF SUCH DISTRICT AND THE MONEYS
THEREIN SHALL BE AUTHORIZED TO BE EXPENDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11523-01-9

S. 4806                             2

  S 3. This act shall take effect immediately, provided, that the amend-
ments to paragraph (a) of subdivision 1 of section 109-b of the  general
municipal  law,  made  by  section one of this act, shall not affect the
repeal of such section and shall be deemed repealed therewith.

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