Exempts certain consolidated school districts from provisions of law requiring re-computation upon sale of building aid for projects for the construction, acquisition, reconstruction, rehabilitation or improvement of school buildings.

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S1882-2013 Actions

• May 7, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO EDUCATION

S1882-2013 Meetings

Education: May 7, 2013

S1882-2013 Votes

S1882-2013 Memo

BILL NUMBER:S1882

TITLE  OF  BILL:    An  act  to  amend the education law, in relation to
exempting certain consolidated school districts from provisions  of  law
requiring  re-computation upon sale of building aid for projects for the
construction, acquisition, reconstruction, rehabilitation or improvement
of school buildings

PURPOSE:  To exempt school districts which are the result of  a  consol-
idation  of at least two school districts in the past fifteen years from
having their building aid re-computed due to the  sale  or  transfer  of
ownership  of  a  school  building  during the period of assumed amorti-
zation.

SUMMARY OF PROVISIONS:

Section 1: Amends subparagraph 8 of paragraph  e  of  subdivision  6  of
section  3602  of the Education Law to exempt school districts which are
the result of a consolidation of at least two school  districts  in  the
past  fifteen  years,  from having their building aid re-computed due to
the sale or transfer of ownership of a school building during the period
of assumed amortization.

Section 2: Effective date.

JUSTIFICATION:  When two or more school districts are consolidated, they
are able to achieve significant cost savings to the taxpayers and often-
times  the  consolidation  leaves  the   new   district   with   surplus
building(s).    Currently,  under Chapter 58 of the laws of 2011, if the
new school district sells these buildings during the period  of  assumed
amortization, they are required to have a re-computation of their build-
ing-aid  which would negatively impact the cost savings to the taxpayers
in the new district. This legislation  exempts  the  new  district  from
having  a  re-computation  of  the  building  aid due to the sale of the
surplus building(s).

LEGISLATIVE HISTORY:  S.6110 of 2012: Passed Senate,  Died  in  Assembly
Education

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately.

S1882-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1882

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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  exempting  certain
    consolidated school districts from provisions of law requiring re-com-
    putation  upon sale of building aid for projects for the construction,
    acquisition, reconstruction, rehabilitation or improvement  of  school
    buildings

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


    Section 1. Subparagraph 8 of paragraph e of subdivision 6  of  section
  3602  of  the education law, as added by section 31 of part A of chapter
  58 of the laws of 2011, is amended to read as follows:

    (8) Notwithstanding any other provision of the law  to  the  contrary,
  AND  UNLESS THE DISTRICT WAS FORMED AS A RESULT OF A CONSOLIDATION OF AT
  LEAST TWO SCHOOL DISTRICTS IN THE PAST FIFTEEN YEARS, where, during  the
  period   of   assumed   amortization  relating  to  a  project  for  the
  construction, acquisition, reconstruction, rehabilitation or improvement
  of a school building, the school building is sold or ownership is other-
  wise transferred to an entity other than the school district or city and
  such transfer results in the building no longer being  operated  by  the
  school  district  as a public elementary or secondary school that is not
  independent or autonomous, the district shall, within sixty days of  the
  transfer of ownership, notify the commissioner of such sale or transfer,
  and shall provide such additional information about the sale or transfer
  as the commissioner may require, in a form prescribed by the commission-
  er,  and  the  commissioner  shall  re-compute the building aid, if any,
  payable for such project pursuant to this subparagraph,  except  to  the
  extent such re-computation would conflict with the provisions of section
  twenty-seven  hundred  ninety-nine-tt of the public authorities law. The
  commissioner shall deduct the revenues received by the  school  district

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03009-01-3

 S. 1882                             2

  or  city  as  a  result of such sale or transfer from the approved total
  project cost and, based on such adjusted project cost, establish  a  new
  assumed  amortization for the remaining useful life of the project under
  the applicable provisions of this paragraph.
    S 2. This act shall take effect immediately.