senate Bill S7471

2011-2012 Legislative Session

Relates to the ability of the Randolph Academy union free school district to acquire, purchase, lease or otherwise operate territory for use by the school district

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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 17, 2012 vetoed memo.149
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
ordered to third reading rules cal.568
substituted for a10337
Jun 12, 2012 referred to education
delivered to assembly
passed senate
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1036
May 25, 2012 committee discharged and committed to education
May 23, 2012 referred to corporations, authorities and commissions

Votes

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S7471 - Bill Details

See Assembly Version of this Bill:
A10337
Law Section:
Public Authorities Law
Laws Affected:
Amd §4, Chap 140 of 1985; amd §1680, Pub Auth L

S7471 - Bill Texts

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Relates to the ability of the Randolph Academy union free school district to acquire, purchase, lease or otherwise operate territory for use by the school district.

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BILL NUMBER:S7471

TITLE OF BILL:
An act
to amend chapter 140 of the laws of 1985
relating to establishing the
Randolph Children's Home union free school district,
and to amend the public authorities law,
in relation to the
establishment of the Randolph Academy union free school district

PURPOSE:
The purpose of the legislation is to make a technical correction to
Chapter 213 of the Laws of 2011. That legislation (1) provided for
the expansion of the existing territory of the Randolph Academy union
free school district located in the town of Randolph, county of
Cattaraugus to include the territory which currently comprises the
union free school district number three in the Town of Hamburg,
county of Erie commonly known as the Hopevale union free school
district; (ii) permit Randolph Academy to acquire its existing
facility located in Randolph, NY from the existing host entity known
as Western New York Society for the Protection of Homeless and
Dependent Children; and (iii) permits the Randolph Academy union free
school district to acquire the buildings in the territory of the
Hopevale union free school district and to finance any such
acquisition, if purchased, through the Dormitory Authority of the
State of New York. Chapter 213 of the Laws of 201 I incorrectly
omitted the authority to acquire the existing Randolph Academy,
Randolph NY and the ability to finance such purchase through the
Dormitory Authority of the State of New York. This legislation
correct the omission.

SUMMARY OF PROVISIONS:
Section one amends the existing authority of Randolph Academy union
free school district by amending existing sections 4.a. - 4.d. of
chapter 140 of the laws of 1985, as amended by Chapter 213 of the
Laws of 2011 to allow ownership of the existing property currently
owned by Western New York Society for the Protection of Homeless and
Dependent Children by the Randolph Academy as a union free school
district.

Section two amends the existing provisions of the new undesignated
paragraph to subdivision 1 of section 1680 of the public authorities
law, as added by Chapter 213 of the Laws of 2011, and authorizes the
Dormitory Authority of the State of New York to extend financing to
the Randolph Academy union free school district for the purpose of
financing, acquisition, construction, reconstruction, renovation and
improvement for facilities owned by Western New York Society for the
Protection of Homeless and Dependent Children located in Cattaraugus
County, New York.

Section three states the bill takes effect immediately.

JUSTIFICATION:
Both Hopevale union free school district (HUFSD) and Randolph Academy
union free school district (RAUFSD) are public special act school


districts located in Western New York and were created by the
legislature to provide intensive quality education for special needs
students as approved by the state
education department. Chapter 213 of the Laws of 2011 prevented the
closure of HUFSD and permitted RAUFSD to acquire, through purchase or
lease, the existing campus in Hamburg, NY. RAUFSD executed a lease
but anticipates purchasing the Hopevale campus latter this year. At
the time of passage of Chapter 213 of the Laws of 2011, it was
anticipated that RAUFSD would also acquire, by purchase or lease, its
existing facility in Randolph, NY. Both purchases would be financed
through the Dormitory Authority. This legislation corrects the
omission of the authority of RAUFSD to acquire its facility.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None

LOCAL FISCAL IMPLICATIONS:
None.

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
________________________________________________________________________

                                  7471

                            I N  S E N A T E

                              May 23, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend chapter 140 of the laws of 1985 relating to establishing
  the  Randolph Children's Home union free school district, and to amend
  the public authorities law, in relation to the  establishment  of  the
  Randolph Academy union free school district

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

  Section 1. Section 4 of chapter 140 of the laws of  1985  relating  to
establishing the Randolph Children's Home union free school district, as
amended  by  chapter  213  of  the  laws  of 2011, is amended to read as
follows:
  S 4. a.  Whenever any territory adjoining any part  of  the  territory
described in this act, shall be acquired or purchased by the Western New
York  Society  for the Protection of Homeless and Dependent Children, OR
ITS SUCCESSORS, OR THE RANDOLPH ACADEMY UNION FREE SCHOOL  DISTRICT,  or
shall  be held by said society OR THE RANDOLPH ACADEMY UNION FREE SCHOOL
DISTRICT OR ITS SUCCESSORS in accordance  with  the  provisions  of  the
not-for-profit  corporation  law,  the  same  shall become a part of the
union free school district hereby established and shall,  together  with
the territory described in this act, enjoy all the powers and privileges
of  a  union  free school district under the provisions of the education
law.
  b. The Randolph Academy union free school  district,  subject  to  the
consent  of  the  state  education department, is authorized to acquire,
purchase, lease, or otherwise operate any part or all of (I) ITS  TERRI-
TORY  OR  (II) the territory constituting the union free school district
number three in the town of Hamburg, Erie county as created  by  chapter
934  of the laws of 1971, as amended by chapter 501 of the laws of 1986,
and the facilities available  to  be  used  by  the  union  free  school
district  number three in the town of Hamburg, Erie county in fulfilling
its purposes and situated on such territory, for the purpose of  operat-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15850-01-2

S. 7471                             2

ing  educational  programs approved by the state education department at
such site.
  c.  Any territory acquired, purchased, leased or otherwise operated by
the Randolph Academy union free school district as set forth in subdivi-
sion b of this section shall become  part  of  such  union  free  school
district for so long as such territory is held by such union free school
district  by  deed,  lease,  or  otherwise. Where such acquisition is by
lease, or other agreement having a fixed term or is  terminable  by  any
party,  such territory shall cease to be a part of the union free school
district created by this act and shall revert to, and become a part  of,
AS  THE  CASE MAY BE, EITHER THE RANDOLPH CENTRAL SCHOOL DISTRICT IN THE
COUNTY OF CATTARAUGUS IN THE CASE OF THE RANDOLPH ACADEMY OR  the  Fron-
tier  central  school  district in the county of Erie IN THE CASE OF THE
UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE  TOWN  OF  HAMBURG,  ERIE
COUNTY, upon the expiration or termination of such lease or other agree-
ment or when any bonds or notes issued by the dormitory authority of the
state  of  New York in connection with the financing of certain improve-
ments made at such facilities prior to the effective date of this subdi-
vision are no longer outstanding, whichever is later.
  d. [The] NOTWITHSTANDING ANY PROVISION OF ANY LAW TO THE CONTRARY, THE
Randolph Academy union free school district is  authorized,  subject  to
the  consent  of  the  state  education  department,  to  operate and/or
purchase and/or lease the territory, facilities, and assets currently or
formerly IN ITS DISTRICT OR IN THE DISTRICT of  the  union  free  school
district  number three in the town of Hamburg, Erie county, known as the
Hopevale union free school district and/or owned by Hopevale, Inc.
  S 2. The undesignated paragraph of subdivision 1 of  section  1680  of
the public authorities law, as added by chapter 213 of the laws of 2011,
is amended to read as follows:
  Randolph Academy union free school district, for the financing, acqui-
sition,  construction,  reconstruction,  renovation  and improvement for
facilities located in EITHER CATTARAUGUS  COUNTY  OR  Erie  county,  New
York. Notwithstanding any other provision of law, Randolph Academy union
free  school  district shall have full power and authority to assign and
pledge to the authority any and all public funds to  be  apportioned  or
otherwise made payable by the state, a political subdivision, as defined
in  section  one  hundred  of  the  general municipal law, or any social
services district in the state in  an  amount  sufficient  to  make  all
payments  required  to  be  made  by  Randolph Academy union free school
district pursuant to any lease, sublease or other agreement entered into
between Randolph Academy union free school district and  the  authority.
All  state  and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to  the  authority  or  upon  the
direction of the authority, to any trustee of any authority bond or note
issued  pursuant  to  a  certificate  filed with any such state or local
officer by the authority pursuant to the provisions of this section.  No
agreement or lease by Randolph Academy union free school district pursu-
ant to this paragraph shall be effective unless and until it is approved
by or on behalf of the commissioner of education.
  S 3. This act shall take effect immediately.

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