S T A T E O F N E W Y O R K
________________________________________________________________________
5055
2013-2014 Regular Sessions
I N A S S E M B L Y
February 14, 2013
___________
Introduced by M. of A. TENNEY -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to adjusting the calcu-
lation of operating shares in community college regions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph c of subdivision 1 of section 6304 of the educa-
tion law, as amended by chapter 295 of the laws of 1995 and the closing
paragraph as added by chapter 492 of the laws of 2010, is amended to
read as follows:
c. The local sponsor or sponsors shall provide one-half of the amount
of the capital costs, or so much as may be necessary, and one-third or,
in the case of a college implementing a program of full opportunity for
local residents, four-fifteenths of the operating costs, or so much as
may be necessary, by appropriations from general revenues or from funds
derived from special tax levies earmarked in part or whole for such
purposes, by the use of gifts of money or, with the consent of the state
university trustees, by the use of property, gifts of property or by the
furnishing of services or, where a community college region is the local
sponsor, in the manner provided by section sixty-three hundred ten of
this chapter. Where the local sponsor or sponsors provide all or a
portion of its or their share of capital or operating costs in real or
personal property or in services, the valuation of such property and
services for the purpose of determining the amount of state aid shall be
made by the state university trustees with the approval of the director
of the budget. Local sponsors and, in the case of community college
regions, any county, city or school district which has appointed members
to a community college regional board of trustees may authorize the
issuance of bonds or notes pursuant to the provisions of the local
finance law to provide any portion or all of its requisite share of such
costs for which a period of probable usefulness has been established in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05728-01-3
A. 5055 2
the local finance law. Where a county or city is the local sponsor of a
community college, or appoints members to a community college regional
board of trustees, the expenditures of the county or city for the
college, or community college region, shall be a purpose of the county
or city provided, however, that taxes to pay the local sponsor's share
of operating costs, or the operating shares of the community college
region charged to the county, [may] SHALL be charged back to [the cities
and towns in the county in proportion to the number of students attend-
ing the community college each term who were residents of each such city
or town at the beginning of such term] ALL COUNTY TAXPAYERS EVENLY.
Notwithstanding any provision of law to the contrary, in the case of
community college regions, a community college regional board of trus-
tees as finance board of the region may authorize the issuance of bonds,
notes or other evidence of indebtedness or the effectuation of a financ-
ing transaction by the community college region with the dormitory
authority pursuant to the provisions of [article eight of title four]
TITLE FOUR OF ARTICLE EIGHT of the public authorities law to provide all
or any portion of such costs for which a period of possible usefulness
has been established in the local finance law. Notwithstanding any other
provision of law, the community college region shall itself have the
power to borrow money for specific objects or purposes or a class or
classes of objects or purposes described in section 11.00 of the local
finance law by adoption, by two-thirds of the voting strength of the
regional board of trustees thereof, of a bond resolution as described in
section 32.00 of the local finance law and shall include the recitation
described in section 80.00 of the local finance law. Said bond resol-
ution shall include the power to enter into financing transactions with
the dormitory authority in accordance with the provisions of [article
eight of title four] TITLE FOUR OF ARTICLE EIGHT of the public authori-
ties law. Upon adoption and receipt of the approvals described in subdi-
vision ten of section sixty-three hundred ten of this article, the
community college region shall publish a legal notice of estoppel as
described in section 81.00 of the local finance law, which shall be
applicable to said bond resolution. A community college region is hereby
authorized to pledge any revenues or other monies to the payment of any
obligations issued, or any financing agreement entered into with the
dormitory authority.
S 2. This act shall take effect immediately.