Legalizes, validates, ratifies and confirms actions of the Belleville Henderson central school district with respect to certain building aid contracts.
Ayes (17): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Excused (1): Oppenheimer
TITLE OF BILL: An act in relation to legalizing, validating, ratifying and confirming actions of the Belleville Henderson central school district with respect to certain building aid contracts
PURPOSE: To allow Belleville Henderson central school district to continue phase two of their capital project.
SUMMARY: Section 1 provides the legislative intent.
Section 2 provides that all acts relating to Belleville Henderson Central School District's two projects approved by the State Education Department be legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the approval and filing provisions of the education law or any other law or statutory authority, rule or regulation, in relation to omissions, error, defect, irregularity or illegality in such proceedings had and taken.
JUSTIFICATION: The Belleville Henderson Central School District received voter approval on February 23rd, 2009 for a capital project that provides critical upgrades to the schools roof, cost and energy saving measures, and improvements to one of the most renowned secondary education agricultural programs in the country. In June of 2010, the State Education Department agreed to contribute $2.77 of the $8.1 million project by way of reorganization aid. The remaining $5.33 million was approved by voters to be raised from local taxes. Governor Paterson vetoed the measure that would grant a necessary extension to complete phase two of the project which expired in October of 2010.
The tax payers of the Belleville Henderson Central School District will incur dramatically increased tax rates to make up for the loss of the reorganizational aid in order to complete phase two of the capital project.
This bill forgives the deadline expiration and allows Belleville Henderson School District to continue working on phase two of the capital project as approved by the voters. Additionally, long-term cost savings will be realized by the school district through energy efficiency upgrades that comprise a significant portion of the second phase of the project.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 3882 A. 6146 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y March 8, 2011 ___________IN SENATE -- Introduced by Sen. RITCHIE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. BLANKENBUSH -- read once and referred to the Committee on Education AN ACT in relation to legalizing, validating, ratifying and confirming actions of the Belleville Henderson central school district with respect to certain building aid contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds that the Belleville Henderson central school district approved several capital improvement projects which were designated by the state education department as project numbers 22-09-09-04-0-010-006 and 22-09-09-04-0-010-005. In addition, the projects were eligible for certain state aid. The legislature further finds that due to ministerial error, a required filing for eligibility for such aid was not made by the district in a timely manner making the district ineligible for certain aid. The legislature further finds that without such aid, the capital improvement projects will impose an additional, unanticipated hardship on district taxpayers. S 2. All the acts done and proceedings heretofore had and taken or caused to be had and taken by the Belleville Henderson central school district and by all its officers or agents relating to or in connection with certain final cost reports to be filed with the state education department for projects 22-09-09-04-0-010-006 and 22-09-09-04-0-010-005, and all acts incidental thereto are hereby legalized, validated, rati- fied and confirmed, notwithstanding any failure to comply with the approval and filing provisions of the education law or any other law or any other statutory authority, rule or regulation, in relation to anyEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09938-01-1 S. 3882 2 A. 6146
omissions, error, defect, irregularity or illegality in such proceedings had and taken, and provided further that any amount due and payable to the Belleville Henderson central school district for school years prior to the 2011--2012 school year as a result of this act shall be paid pursuant to the provisions of paragraph c of subdivision 5 of section 3604 of the education law. S 3. The state education department is hereby directed to consider the approved costs of the aforementioned projects as valid and proper obli- gations of the Belleville Henderson central school district. S 4. This act shall take effect immediately.