S T A T E O F N E W Y O R K
________________________________________________________________________
6716
I N S E N A T E
March 13, 2012
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Introduced by Sen. BONACIC -- 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 expenditures from
reserve funds by school districts; and providing for the repeal of
such provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3651 of the education law is amended by adding a
new subdivision 3-b to read as follows:
3-B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION, THE GOVERNING AUTHORITIES OF A SCHOOL DISTRICT MAY, BY
TWO-THIRDS MAJORITY VOTE, UTILIZE UP TO ONE-HALF THE TOTAL RESERVE FUNDS
ESTABLISHED BY SUCH DISTRICT FOR ANY LAWFUL PURPOSE AND MAY MOVE FUNDS
BETWEEN RESERVE ACCOUNTS AS NECESSARY SUBJECT TO THE REQUIREMENTS SET
FORTH IN THIS SUBDIVISION. THE SUPERINTENDENT OF A SCHOOL DISTRICT, OR
OTHER PERSON WITH OVERALL RESPONSIBILITY FOR THE SCHOOL DISTRICT SHALL,
AT LEAST FORTY-FIVE DAYS PRIOR TO VOTING BY THE SCHOOL AUTHORITIES TO
UTILIZE A PORTION OF THE RESERVES AS PROVIDED FOR IN THIS SUBDIVISION,
PLACE SUCH PROPOSAL ON THE AGENDA OF A SCHOOL BOARD MEETING AND PUBLI-
CIZE THROUGH AN INFORMATIONAL STATEMENT TO THE MEDIA SENT TO AT LEAST
THE OFFICIAL NEWSPAPER OF THE SCHOOL DISTRICT, AND OTHERWISE TO MEDIA IN
GENERAL CIRCULATION, ANY PROPOSAL TO BE VOTED ON BY THE GOVERNING
AUTHORITIES OF THE SCHOOL DISTRICT TO UTILIZE A PORTION OF ANY RESERVE
FUND FOR A LAWFUL PURPOSE, AND THE NATURE OF THAT PURPOSE WITH AS MUCH
DETAIL AS IS REASONABLY AVAILABLE TO THE SUPERINTENDENT OR OTHER PERSON
WITH OVERALL RESPONSIBILITY FOR THE SCHOOL DISTRICT. SUCH INFORMATIONAL
STATEMENT SHALL ALSO BE PROVIDED TO THE COMMISSIONER AND THE STATE COMP-
TROLLER IN SUCH FORM AS THE COMMISSIONER AND COMPTROLLER SHALL REQUIRE.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed on and after June 30, 2015.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14812-02-2