This bill has been amended

Bill S5423A-2011

Dissolves the West Park union free school district, in the town of Esopus and county of Ulster; repealer

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.

Details

Actions

  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Jun 7, 2011
Ayes (18): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley

Memo

BILL NUMBER:S5423A

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PURPOSE: To repeal references to the West Park union free school district at Esopus since this school is no longer active and has no students.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 and school district 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 such records shall be deemed to be records of the board of cooperative educational services of the sole supervisory district of Ulster county for purpose of local government records management grants pursuant to section 57.35 of the arts and cultural affairs law.

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 July 1, 2011; provided that if this act shall not have become a law on or before July 1, 2011, then this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2011.

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 on July 1, 2011, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 5423--A 2011-2012 Regular Sessions IN SENATE May 19, 2011 ___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, 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 and school district having resident children served by the West Park union free school district number two in the 2010-2011 school year in the same proportion as the number of students placed by each such social services district or school district and served by the West Park union free school district number two in the 2010-2011 school year bears to the total number of students served by the West Park union free school district number two in the 2010-2011 school year. Though the West Park union free school district number two 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 insurance 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 board of cooperative educational services of the sole supervisory district of Ulster county for preservation. Notwithstanding any other provision of law to the contrary, such records shall be deemed to be records of the board of cooperative educational services of the sole supervisory district of Ulster county for purposes of local government records management grants pursuant to section 57.35 of the arts and cultural affairs law. 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 July 1, 2011; provided that if this act shall not have become a law on or before July 1, 2011, then this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2011.

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