Legalizes, validates, ratifies and confirms actions of the Belleville Henderson central school district with respect to certain building aid contracts.

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S3882-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jun 24, 2011: COMMITTED TO RULES
• May 16, 2011: ADVANCED TO THIRD READING
• May 11, 2011: 2ND REPORT CAL.
• May 10, 2011: 1ST REPORT CAL.566
• Mar 9, 2011: COMMITTEE DISCHARGED AND COMMITTED TO EDUCATION
• Mar 8, 2011: REFERRED TO LOCAL GOVERNMENT

S3882-2011 Meetings

Education: May 10, 2011

S3882-2011 Calendars

Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S3882-2011 Votes

S3882-2011 Memo

BILL NUMBER:S3882

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.

S3882-2011 Text

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

      S. 3882                                                  A. 6146

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                                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 any

   EXPLANATION--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.