senate Bill S6147

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2012 reported and committed to finance
Jan 05, 2012 referred to education

Votes

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Jan 10, 2012 - Education committee Vote

S6147
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S6147 - Bill Details

See Assembly Version of this Bill:
A9169
Current Committee:
Senate Finance
Law Section:
Education
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4564, A7730
2009-2010: S693A, S7217A, A4587A

S6147 - Bill Texts

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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.

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BILL NUMBER:S6147

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 SPECIFIC 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
2004-05,2005-06,2006-07,2007-08 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 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 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
transportation services to students.

PRIOR LEGISLATIVE HISTORY:
2011: S.4564- Veto Memo #76

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6147

                            I N  S E N A T E

                             January 5, 2012
                               ___________

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, 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.
                                                           LBD09248-01-1

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