Dissolves the West Park union free school district, in the town of Esopus in the county of Ulster; provides for the payment of the debts and obligations of such school district.

---

S5423-2011 Actions

• Oct 3, 2012: VETOED MEMO.166
• Sep 21, 2012: DELIVERED TO GOVERNOR
• Jun 20, 2012: returned to senate
• Jun 20, 2012: passed assembly
• Jun 20, 2012: ordered to third reading rules cal.415
• Jun 20, 2012: substituted for a8272a
• Jun 18, 2012: referred to education
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 14, 2012: AMENDED ON THIRD READING (T) 5423B
• Jun 13, 2012: ORDERED TO THIRD READING CAL.1223
• Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 4, 2012: REFERRED TO EDUCATION
• Jun 24, 2011: COMMITTED TO RULES
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1086
• Jun 2, 2011: PRINT NUMBER 5423A
• Jun 2, 2011: AMEND AND RECOMMIT TO EDUCATION
• May 19, 2011: REFERRED TO EDUCATION

S5423-2011 Votes

S5423-2011 Memo

BILL NUMBER:S5423

TITLE OF BILL:
An act
to provide for the payment of the debts and obligations of the West
Park
union free school district,
in the town of Esopus in the county of
Ulster; to amend chapter 566 of the laws of 1967, relating to providing
for the apportionment of funds to certain special school districts, in
relation to eliminating references to the West Park union free school
district; and to repeal chapter 744 of the laws of 1973 relating to
establishing and constituting as a separate union free school district
certain territory in the town of Esopus in the county of Ulster

PURPOSE:
To repeal references to the West Park union free school district at
Esopus since this school is no longer active and has no students. It
also amends provisions relating to state aid to such school to
resolve any outstanding debts and obligations so that the books of
the West Park union free school district can be closed.

SUMMARY OF PROVISIONS:
Section 1: Repeals Chapter 744 of the laws of 1973 which created the
West Park Union Free School District

Section 2: Removes West Park Union Free from the list of special act
school districts that the Commissioner is authorized to include in
the annual apportionment of public moneys.

Section 3: Provides that any funds remaining in possession of the
district after all its debts have been paid shall be paid over to the
social services districts who had resident children served by the
district in the 2010-2011 school year on a proportionate basis.

In addition, this bill requires the board of education to establish a
trust account, annuity or other appropriate account for the purpose
of payment to its former employees of the costs of health insurance
in retirement and shall deposit into such account all available funds
not otherwise
encumbered until an amount sufficient to fulfill its projected
obligations for the provision of health insurance pursuant to 11-A of
the civil service law are met.

Section 4: Provides for the transfer of the records of such school
district to the District Superintendent of Schools of the Sole
Supervisory District of Ulster County, and transfers the local
records management grant that is payable to such school district in
the 2010-2011 school year for the management of its records to the
Ulster County Board of Cooperative Educational Services (BOCES), and
provides for the purpose of future grants.

Section 5: Provides for the transfer of the territory of the West Park
union free school district to the Kingston city school district.

Section 6: This act shall take effect immediately.


EXISTING LAW:
The current law establishes the existence of this school district.

JUSTIFICATION:
The West Park Union Free School district closed its doors at the end
of February 2011. This bill dissolves the existence of this school
and resolves any unpaid obligations.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5423-2011 Text

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

                                    5423

                         2011-2012 Regular Sessions

                              I N  SENATE

                                May 19, 2011
                                 ___________

  Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Education

  AN ACT to provide for the payment of the debts and  obligations  of  the
    West  Park  union  free  school district, in the town of Esopus in the
    county of Ulster; to amend chapter 566 of the laws of  1967,  relating
    to  providing for the apportionment of funds to certain special school
    districts, in relation to eliminating  references  to  the  West  Park
    union  free  school district; and to repeal chapter 744 of the laws of
    1973 relating to establishing and constituting  as  a  separate  union
    free  school  district  certain territory in the town of Esopus in the
    county of Ulster

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


    Section  1.  Chapter  744 of the laws of 1973 relating to establishing
  and constituting as a separate union free school district certain terri-
  tory in the town of Esopus in the county of Ulster is REPEALED.
    S 2. Section 1 of chapter 566 of the laws of 1967, relating to provid-
  ing for the apportionment of funds to certain special school  districts,
  as  amended  by  chapter  478 of the laws of 2006, is amended to read as
  follows:

    Section 1. Notwithstanding the provisions of section 3602  and  3602-b
  of  the  education  law, and in lieu of any apportionments to which such
  school districts might otherwise be  entitled  under  such  sections  or
  under  any  other  provisions  of  law, the commissioner of education is
  hereby authorized to include the following school districts in the annu-
  al apportionment of  public  moneys  and  such  apportionment  shall  be
  computed  in  accordance  with the provisions of sections two, three and
  four of this act: union free school district number twenty-seven of  the
  town of Dryden, Tompkins county; union free school district number eight
  of  the  town  of  Canaan,  Columbia county; union free school districts
  numbers ten, eleven, twelve and thirteen  of  the  town  of  Greenburgh,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10327-02-1

 S. 5423                             2

  Westchester  county;  union free school districts numbers three and four
  of the town of Mount Pleasant, Westchester  county;  union  free  school
  district  number  six,  Blythedale,  town of Mount Pleasant, Westchester
  county;  and  Randolph Children's Home union free school district of the
  town of Randolph, Cattaraugus  county;  [West  Park  union  free  school
  district  number  two,  town  of  Esopus,  Ulster county;] common school
  district number seven of the town of  Oyster  Bay,  Nassau  county;  the
  Hopevale  union  free school district, town of Hamburg, Erie county; and
  union free school district number  three,  town  of  Riverhead,  Suffolk
  county.
    S 3. Any funds remaining in the possession of the West Park union free
  school  district number two, after all of its debts and obligations have
  been paid, shall be paid over to each social  services  district  having
  resident children served by such school district in the 2010-2011 school
  year  in  the  same  proportion as the number of students placed by each
  such social services district and served by such school district in  the
  2010-2011  school  year  bears to the total number of students served by
  such school district in the 2010-2011 school year.  Though  such  school
  district be dissolved, section 1518 of the education law shall be deemed
  to  apply,  and  it  shall  continue  to exist in law for the purpose of
  providing for and paying all its just debts and the board  of  education
  shall  continue to be authorized to receive funds payable to such school
  district or board of education,  including,  but  not  limited  to,  any
  tuition  reimbursement  pursuant  to article 81 of the education law for
  services rendered to students on or before January 1, 2011. The board of
  education shall establish a trust account, annuity or other  appropriate
  account  for the purpose of payment to its former employees of the costs
  of health insurance in retirement and shall deposit  into  such  account
  all  available funds not otherwise encumbered until an amount sufficient
  to fulfill its projected obligations for the provision of health  insur-
  ance pursuant to article 11-A of the civil service law are met.
    S  4.  The  records of the West Park union free school district number
  two shall be forwarded to the district superintendent of schools of  the
  sole  supervisory  district of Ulster county for preservation.  Notwith-
  standing any other provision of law to the contrary, the  local  govern-
  ment  records  management  grant  payable to such school district in the
  2010-2011 school year for the management of such records shall  be  paid
  to the board of cooperative educational services of the sole supervisory
  district  of the county of Ulster, which shall use such funds in accord-
  ance with the terms and conditions of such grant. Such records shall  be
  deemed  to  be  records of the board of cooperative educational services
  for purposes of such local government records management grants.
    S 5. The territory comprising the West Park union free school district
  number two, town of Esopus, county of Ulster, shall revert to and become
  a part of the Kingston city school district in the county of Ulster.
    S 6. This act shall take effect immediately.