Bill S6110-2011

Exempts certain consolidated school districts from provisions of law requiring re-computation upon sale of building aid

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.

Details

Actions

  • Jun 19, 2012: referred to education
  • Jun 19, 2012: DELIVERED TO ASSEMBLY
  • Jun 19, 2012: PASSED SENATE
  • Jun 13, 2012: ORDERED TO THIRD READING CAL.1237
  • Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 5, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Jun 5, 2012
Ayes (16): Flanagan, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Breslin, Montgomery, Serrano, Stavisky, Huntley
Ayes W/R (1): Avella
Excused (1): Farley

Memo

BILL NUMBER:S6110

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 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.

SUMMARY OF PROVISIONS: Section 1. Amends 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 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 recomputed 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 oftentimes the consolidation leaves the new district with surplus building(s). Currently. under chapter 58 of 2011. if the new school district sells these buildings during the period of assumed amortization, they are required to have are-computation of their building-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: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6110 IN SENATE (PREFILED) January 4, 2012 ___________
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 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.

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