S6716-2011 Actions

• Mar 13, 2012: REFERRED TO EDUCATION

S6716-2011 Memo

BILL NUMBER:S6716

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To provide the governing authorities of school districts the ability to
utilize up to one half of the total reserve funds of the district for
any lawful purpose upon a two-thirds majority vote of the governing
body.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends section 3651 of the education law to provide the
governing authorities of school districts the ability to utilize up to
one half of the total reserve funds of the district for any lawful
purpose upon a two-thirds majority vote of the governing body.

Section 2: Effective Date.

JUSTIFICATION:
Currently the governing authority of a school district is required to
put a proposition before the voters of a school district before expend-
ing funds from a reserve fund. It can be a cumbersome and costly process
to hold such a vote. This legislation would allow for the governing
authority to access up to one half of the reserve fund with a two-thirds
majority vote of the governing body.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on and after June 30, 2015.

S6716-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6716
 I N  SENATE
 March 13, 2012
 
 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

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