senate Bill S6395C

Vetoed By Governor
2011-2012 Legislative Session

Relates to assumed amortization for school projects

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 vetoed memo.138
Jul 20, 2012 delivered to governor
Jun 14, 2012 returned to senate
passed assembly
ordered to third reading rules cal.199
substituted for a9451c
May 30, 2012 referred to education
returned to assembly
repassed senate
May 16, 2012 amended on third reading 6395c
vote reconsidered - restored to third reading
May 16, 2012 returned to senate
recalled from assembly
Apr 25, 2012 referred to education
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.388
Mar 15, 2012 print number 6395b
amend and recommit to finance
Mar 06, 2012 print number 6395a
amend and recommit to finance
Mar 06, 2012 reported and committed to finance
Feb 03, 2012 referred to education

Votes

view votes

Mar 20, 2012 - Finance committee Vote

S6395B
31
1
committee
31
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Mar 6, 2012 - Education committee Vote

S6395
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S6395 - Bill Details

See Assembly Version of this Bill:
A9451C
Law Section:
Education Law
Laws Affected:
Amd §3602, Ed L

S6395 - Bill Texts

view summary

Relates to assumed amortization for school projects.

view sponsor memo
BILL NUMBER:S6395

TITLE OF BILL:
An act
to amend the education law, in relation to assumed amortization for
school projects

PURPOSE:
To ensure that school districts will receive the reimbursement for
capital projects to which they are entitled under law.

SUMMARY OF PROVISIONS:
Section 1. Amends clause (b) of subparagraph 3 of paragraph e of
subdivision 6 of section 3602 of the education law, as amended by
section 4 subpart F of part C of Chapter 97 of the laws of 2011 to
allow for assumed amortization of a project by the voters of the
school district or by the board of education of a city school
district in a city with more than one hundred twenty-five thousand
inhabitants, and/or the chancellor in a city school district in a
city having a population of one million or more.

Section 2. Establishes the effective date.

JUSTIFICATION:
Chapter 97 of 2011 was enacted to provide a mechanism in which to
ensure districts would receive reimbursement for capital projects by
filing a waiver when those documents were not filed before the date
required by SED. This Chapter created an issue for a small number of
school districts whose project and financing timelines had commenced
and/or previously been approved prior to the adoption of Chapter 97.
This created an uncertainty as to the reimbursement for these capital
projects for school districts 'and, therefore, they seek action
ensuring that they will receive the reimbursement to which they would
have otherwise been entitled. This bill provides that assurance by
using the voter approval date rather than the Commissioner's approval
date for the new building aid methodology while preserving the intent
of Chapter 97 of 2011.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6395

                            I N  S E N A T E

                            February 3, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  assumed  amortization
  for school projects

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

  Section 1. Clause (b) of subparagraph 3 of paragraph e of  subdivision
6  of  section  3602  of  the  education law, as amended by section 4 of
subpart F of part C of chapter 97 of the laws of  2011,  is  amended  to
read as follows:
  (b)  Such  assumed  amortization for a project approved by the commis-
sioner on or after the later of the first day of December, two  thousand
one or thirty days after the date upon which this subdivision shall have
become  a law and prior to the first day of July, two thousand eleven or
for any debt service related to projects approved  by  the  commissioner
prior  to such date where a bond, capital note or bond anticipation note
is first issued on or after the first day of December, two thousand  one
to  fund  such  projects, shall commence: (i) eighteen months after such
approval or (ii) on the date of receipt by the commissioner of a certif-
ication by the district that a general construction  contract  has  been
awarded  for  such project by the district, whichever is later, and such
assumed amortization for a project approved by the [commissioner] VOTERS
OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION  OF  A  CITY  SCHOOL
DISTRICT  IN  A  CITY  WITH  MORE  THAN ONE HUNDRED TWENTY-FIVE THOUSAND
INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN  A  CITY
HAVING A POPULATION OF ONE MILLION OR MORE, on or after the first day of
July,  two  thousand  eleven shall commence: (iii) eighteen months after
such approval or (iv) on the date of receipt by the commissioner of both
the final certificate of substantial completion of the project issued by
the architect or engineer and the final cost report  for  such  project,
whichever is later or (v) upon the date of a finding by the commissioner
that  the  certificate of substantial completion of the project has been
issued by the architect or engineer,  but  the  district  is  unable  to
complete  the  final  cost  report  because  of circumstances beyond the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14225-01-2

S. 6395                             2

control of the district. Such assumed  amortization  shall  provide  for
equal semiannual payments of principal and interest based on an interest
rate  established  pursuant  to  subparagraph five of this paragraph for
such  purpose  for  the  school  year during which such certification is
received. The first installment of  obligations  issued  by  the  school
district in support of such projects may mature not later than the dates
established  pursuant  to  sections 21.00 and 22.10 of the local finance
law.
  S 2. This act shall take effect immediately.

S6395A - Bill Details

See Assembly Version of this Bill:
A9451C
Law Section:
Education Law
Laws Affected:
Amd §3602, Ed L

S6395A - Bill Texts

view summary

Relates to assumed amortization for school projects.

view sponsor memo
BILL NUMBER:S6395A

TITLE OF BILL:
An act
to amend the education law, in relation to assumed amortization for
school projects

PURPOSE:
To ensure that school districts will receive the reimbursement for
capital projects to which they are entitled under law.

SUMMARY OF PROVISIONS:
Section 1. Amends clause (b) of subparagraph 3 of paragraph e of
subdivision 6 of section 3602 of the education law, as amended by
section 4 subpart F of part C of Chapter 97 of the laws of 2011 to
allow for assumed amortization of a project by the voters of the
school district or by the board of education of a city school
district in a city with more than one hundred twenty-five thousand
inhabitants.

Section 2. Establishes the effective date.

JUSTIFICATION:
Chapter 97 of 2011 was enacted to provide a mechanism in which to
ensure districts would receive reimbursement for capital projects by
filing a waiver when those documents were not filed before the date
required by SED. This Chapter created an issue for a small number of
school districts whose project and financing timelines had commenced
and/or previously been approved prior to the adoption of Chapter 97.
This created an uncertainty as to the reimbursement for these capital
projects for school districts and, therefore, they seek action
ensuring that they will receive the reimbursement to which they would
have otherwise been entitled. This bill provides that assurance by
using the voter approval date rather than the Commissioner's approval
date for the new building aid methodology while preserving the intent
of Chapter 97 of 2011.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6395--A

                            I N  S E N A T E

                            February 3, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to  assumed  amortization
  for school projects

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

  Section 1. Clause (b) of subparagraph 3 of paragraph e of  subdivision
6  of  section  3602  of  the  education law, as amended by section 4 of
subpart F of part C of chapter 97 of the laws of  2011,  is  amended  to
read as follows:
  (b)  Such  assumed  amortization for a project approved by the commis-
sioner on or after the later of the first day of December, two  thousand
one or thirty days after the date upon which this subdivision shall have
become  a law and prior to the first day of July, two thousand eleven or
for any debt service related to projects approved  by  the  commissioner
prior  to such date where a bond, capital note or bond anticipation note
is first issued on or after the first day of December, two thousand  one
to  fund  such  projects, shall commence: (i) eighteen months after such
approval or (ii) on the date of receipt by the commissioner of a certif-
ication by the district that a general construction  contract  has  been
awarded  for  such project by the district, whichever is later, and such
assumed amortization for a project approved by the [commissioner] VOTERS
OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION  OF  A  CITY  SCHOOL
DISTRICT  IN  A  CITY  WITH  MORE  THAN ONE HUNDRED TWENTY-FIVE THOUSAND
INHABITANTS, on or after the first day  of  July,  two  thousand  eleven
shall commence: (iii) eighteen months after such approval or (iv) on the
date  of  receipt  by  the commissioner of both the final certificate of
substantial completion of the project issued by the architect  or  engi-
neer  and  the final cost report for such project, whichever is later or
(v) upon the date of a finding by the commissioner that the  certificate
of  substantial  completion of the project has been issued by the archi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14225-02-2

S. 6395--A                          2

tect or engineer, but the district is unable to complete the final  cost
report because of circumstances beyond the control of the district. Such
assumed  amortization  shall  provide  for  equal semiannual payments of
principal and interest based on an interest rate established pursuant to
subparagraph five of this paragraph for such purpose for the school year
during  which  such  certification is received. The first installment of
obligations issued by the school district in support  of  such  projects
may  mature  not  later  than the dates established pursuant to sections
21.00 and 22.10 of the local finance law.
  S 2. This act shall take effect immediately.

S6395B - Bill Details

See Assembly Version of this Bill:
A9451C
Law Section:
Education Law
Laws Affected:
Amd §3602, Ed L

S6395B - Bill Texts

view summary

Relates to assumed amortization for school projects.

view sponsor memo
BILL NUMBER:S6395B

TITLE OF BILL:

An act to amend the education law, in relation to assumed amortization
for school projects

PURPOSE:

To ensure that school districts will receive the reimbursement for capi-
tal projects to which they are entitled under law.

SUMMARY OF PROVISIONS:

Section 1. Amends clause (b) of subparagraph 3 of paragraph e of subdi-
vision 6 of section 3602 of the education law, as amended by section 4
subpart F of part C of Chapter 97 of the laws of 2011 to allow for
assumed amortization of a project by the voters of the school district
or by the board of education of a city school district in a city with
more than one hundred twenty-five thousand inhabitants, but less than
one million inhabitants.

Section 2. Establishes the effective date.

JUSTIFICATION:

Chapter 97 of 2011 was enacted to provide a mechanism in which to ensure
districts would receive reimbursement for capital projects by filing a
waiver when those documents were not filed before the date required by
SED. This Chapter created an issue for a small number of school
districts whose project and financing time lines had commenced and/or
previously been approved prior to the adoption of Chapter 97. This
created an uncertainty as to the reimbursement for these capital
projects for school districts and, therefore, they seek action ensuring
that they will receive the reimbursement to which they would have other-
wise been entitled. This bill provides that assurance by using the voter
approval date rather than the Commissioner's approval date for the new
building aid methodology while preserving the intent of Chapter 97 of
2011.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6395--B

                            I N  S E N A T E

                            February 3, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the education law, in relation to  assumed  amortization
  for school projects

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

  Section 1. Clause (b) of subparagraph 3 of paragraph e of  subdivision
6  of  section  3602  of  the  education law, as amended by section 4 of
subpart F of part C of chapter 97 of the laws of  2011,  is  amended  to
read as follows:
  (b)  Such  assumed  amortization for a project approved by the commis-
sioner on or after the later of the first day of December, two  thousand
one or thirty days after the date upon which this subdivision shall have
become  a law and prior to the first day of July, two thousand eleven or
for any debt service related to projects approved  by  the  commissioner
prior  to such date where a bond, capital note or bond anticipation note
is first issued on or after the first day of December, two thousand  one
to  fund  such  projects, shall commence: (i) eighteen months after such
approval or (ii) on the date of receipt by the commissioner of a certif-
ication by the district that a general construction  contract  has  been
awarded  for  such project by the district, whichever is later, and such
assumed amortization for a project approved by the [commissioner] VOTERS
OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION  OF  A  CITY  SCHOOL
DISTRICT  IN  A  CITY  WITH  MORE  THAN ONE HUNDRED TWENTY-FIVE THOUSAND
INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, on or after the first
day of July, two thousand eleven shall commence: (iii)  eighteen  months
after  such  approval or (iv) on the date of receipt by the commissioner
of both the final certificate of substantial completion of  the  project
issued  by  the architect or engineer and the final cost report for such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14225-04-2

S. 6395--B                          2

project, whichever is later or (v) upon the date of  a  finding  by  the
commissioner  that  the  certificate  of  substantial  completion of the
project has been issued by the architect or engineer, but  the  district
is  unable  to  complete  the final cost report because of circumstances
beyond the control of the  district.  Such  assumed  amortization  shall
provide for equal semiannual payments of principal and interest based on
an interest rate established pursuant to subparagraph five of this para-
graph  for  such  purpose  for the school year during which such certif-
ication is received. The first installment of obligations issued by  the
school  district  in  support of such projects may mature not later than
the dates established pursuant to sections 21.00 and 22.10 of the  local
finance law.
  S 2. This act shall take effect immediately.

S6395C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9451C
Law Section:
Education Law
Laws Affected:
Amd §3602, Ed L

S6395C (ACTIVE) - Bill Texts

view summary

Relates to assumed amortization for school projects.

view sponsor memo
BILL NUMBER:S6395C

TITLE OF BILL:

An act
to amend the education law, in relation to assumed amortization for
school projects

PURPOSE:

To ensure that school districts will receive the reimbursement for
capital projects to which they are entitled under law.

SUMMARY OF PROVISIONS:

Section 1. Amends clause (b) of subparagraph 3 of paragraph e of
subdivision 6 of section 3602 of the education law, as amended by
section 4 subpart F of part C of Chapter 97 of the laws of 2011 to
allow for assumed amortization of a project by the voters of the
school district or by the board of education of a city school
district in a city with more than one hundred twenty-five thousand
inhabitants, but less than one million inhabitants.

Section 2. Establishes the effective date.

JUSTIFICATION:

Chapter 97 of 2011 was enacted to provide a mechanism in which to
ensure districts would receive reimbursement for capital projects by
filing a waiver when those documents were not filed before the date
required by SED. This Chapter created an issue for a small number of
school districts whose project and financing time lines had commenced
and/or previously been approved prior to the adoption of Chapter 97.
This created an uncertainty as to the reimbursement for these capital
projects for school districts and, therefore, they seek action
ensuring that they will receive the reimbursement to which they would
have otherwise been entitled. This bill provides that assurance by
using the voter approval date rather than the Commissioner's approval
date for the new building aid methodology while preserving the intent
of Chapter 97 of 2011.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6395--C
    Cal. No. 388

                            I N  S E N A T E

                            February 3, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- reported favorably from said committee, ordered to  first
  and  second  report,  ordered to a third reading, passed by Senate and
  delivered to the Assembly, recalled, vote  reconsidered,  restored  to
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the education law, in relation to  assumed  amortization
  for school projects

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

  Section 1. Clause (b) of subparagraph 3 of paragraph e of  subdivision
6  of  section  3602 of the education law, as amended by section 31-a of
part A of chapter 57 of the laws of 2012, is amended to read as follows:
  (b) Such assumed amortization for a project approved  by  the  commis-
sioner  on or after the later of the first day of December, two thousand
one or thirty days after the date upon which this subdivision shall have
become a law and prior to the first day of July, two thousand eleven  or
for  any  debt  service related to projects approved by the commissioner
prior to such date where a bond, capital note or bond anticipation  note
is  first issued on or after the first day of December, two thousand one
to fund such projects, shall commence: (i) eighteen  months  after  such
approval or (ii) on the date of receipt by the commissioner of a certif-
ication  by  the  district that a general construction contract has been
awarded for such project by the district, whichever is later,  and  such
assumed amortization for a project approved by the [commissioner] VOTERS
OF  THE  SCHOOL  DISTRICT  OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL
DISTRICT IN A CITY WITH  MORE  THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND
INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, on or after the first
day  of  July, two thousand eleven shall commence: (iii) eighteen months

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14225-06-2

S. 6395--C                          2

after [such] COMMISSIONER approval or (iv) on the date of receipt by the
commissioner of both the final certificate of substantial completion  of
the  project  issued  by  the  architect  or engineer and the final cost
report  for  such  project, whichever is later or (v) upon the effective
date of a waiver based on a finding by the commissioner, pursuant  to  a
process  set  forth  by the commissioner, that the district is unable to
submit a final certificate of substantial  completion  for  the  project
and/or  complete  the  final cost report because of circumstances beyond
the control of the district. Such assumed amortization shall provide for
equal semiannual payments of principal and interest based on an interest
rate established pursuant to subparagraph five  of  this  paragraph  for
such  purpose  for  the  school  year during which such certification is
received. The first installment of  obligations  issued  by  the  school
district in support of such projects may mature not later than the dates
established  pursuant  to  sections 21.00 and 22.10 of the local finance
law.
  S 2. This act shall take effect immediately.

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