This bill has been amended

Bill S6490-2011

Provides for the dissolution of union free school district number 13 in the town of Greenburgh in Westchester; repealer

Provides for the dissolution of union free school district number 13 in the town of Greenburgh in Westchester; and relates to eliminating reference to such union free school district.

Details

Actions

  • Apr 25, 2012: ADVANCED TO THIRD READING
  • Apr 19, 2012: 2ND REPORT CAL.
  • Apr 18, 2012: 1ST REPORT CAL.504
  • Feb 15, 2012: REFERRED TO EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Education - Apr 18, 2012
Ayes (16): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky
Excused (2): Oppenheimer, Huntley

Memo

BILL NUMBER:S6490

TITLE OF BILL: An act to amend chapter 566 of the laws of 1967, relating to providing for the apportionment of funds to certain special act school districts, in relation to eliminating reference to such union free school district number 13; and to repeal chapter 559 of the laws of 1972, relating to establishing union free school district number 13 in the town of Greenburgh in the county of Westchester, relating to the dissolution of such union free school district

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to dissolve the Abbott School, a special act school district, known as union free school district number 13 and to provide for the transfer of all records and to provide for the continuation of the school district's retirees' health insurance benefits.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill repeals Chapter 559 of the laws of 1972, relating to establishing union free school district number 13 in the town of Greenburgh in the county of Westchester.

Section 2 of the bill states that any funds remaining in the possession of the union free school district number 13 after all its debts and obligations have been paid, shall be paid over to the board of cooperative education services of the sole supervisory district of the county of Westchester (Southern Westchester BOCES) for the services provided to such union free school district.

Section 3 of the bill authorizes Southern Westchester BOCES to take any actions on behalf of the school district that are reasonably necessary to complete the close down and dissolution of the district that the board of education would have, including but not limited to, the power to enter contracts, pay debts and bill for and receive any reimbursement due and owing for tuition or maintenance pursuant to article 81 of the education law or any other provision of law for services rendered to students on or before the school district ceased operation on July 1, 2011.

Section 4 of the bill directs that the records of union free school district number 13 shall be forwarded to the district superintendent of schools of the sole supervisory district of the counties of Orange and Ulster (Orange-Ulster BOCES) for preservation.

Section 5 of the bill deems all former employed of union free school district number 13 for whom such school district agreed by contract to pay the costs of health insurance in retirement shall be retired employees of the state of New York entitled to participate in the New York State Health Insurance Program under the terms and conditions of such program applicable to managerial and confidential employees of the State.

Section 6 states that the territory comprising the union free school district number 13 shall revert to and become part of the Irvington union free school district in the county of Westchester.

Section 7 of the bill amends Section 1 of Chapter 566 of the laws of 1967, relating to providing for the apportionment of funds to certain special school districts, as amended by Chapter 213 of the laws of 20 11 eliminating union free school district number 13 from the school districts entitled to the apportionment of public moneys.

Section 8 of the bill is the effective date.

JUSTIFICATION: This legislation is necessary to establish the appropriate closure procedures of the union free school district number 13 in the town of Greenburgh, County of Westchester; authorize the appropriate transfer of student and financial records, as well as ensure that the retirees whom by contract, were provided health insurance benefits in retirement continue to do so.

LEGISLATIVE HISTORY: New Bill- 2012

EFFECTIVE DATE: This act shall take effect immediately, provided, however that section seven of this act shall take effect upon the dissolution of union free school district number three in the in the town of Hamburg, Erie County pursuant to the provisions of section 3 of chapter 213 of the laws of 2011.


Text

STATE OF NEW YORK ________________________________________________________________________ 6490 IN SENATE February 15, 2012 ___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend chapter 566 of the laws of 1967, relating to providing for the apportionment of funds to certain special act school districts, in relation to eliminating reference to such union free school district number 13; and to repeal chapter 559 of the laws of 1972, relating to establishing union free school district number 13 in the town of Greenburgh in the county of Westchester, relating to the dissolution of such union free school district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Chapter 559 of the laws of 1972, relating to establishing union free school district number 13 in the town of Greenburgh in the county of Westchester, is REPEALED. S 2. Any funds remaining in the possession of the union free school district number 13, town of Greenburgh, county of Westchester, after all of its debts and obligations have been paid, shall be paid over to the board of cooperative educational services of the sole supervisory district of the county of Westchester (Southern Westchester BOCES) for the services provided to such union free school district pursuant to section three of this act. Though such union free school district number 13 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 provid- ing for and paying all its just debts; provided that the board of coop- erative educational services of the sole supervisory district of the county of Westchester (Southern Westchester BOCES) shall be authorized to act on behalf of the school district pursuant to section three of this act. S 3. Notwithstanding any other provision of law to the contrary, during any period in which there is no duly constituted board of educa- tion of union free school district number 13, town of Greenburgh, county of Westchester, the board of cooperative educational services of the sole supervisory district of the county of Westchester (Southern West- chester BOCES) shall be authorized to take any actions on behalf of the
school district that are reasonably necessary to complete the close down and dissolution of the district that the board of education would have, including but not limited to, the power to enter contracts, pay debts and bill for and receive any reimbursement due and owing for tuition or maintenance pursuant to article 81 of the education law or any other provision of law for services rendered to students on or before the school district ceased operation on July 1, 2011. In such capacity, such board of cooperative educational services and its officers and employees shall be entitled to defense and indemnification by the state pursuant to section seventeen of the public officers law. S 4. The records of union free school district number 13, town of Greenburgh, county of Westchester, shall be forwarded to the district superintendent of schools of the sole supervisory district of the coun- ties of Orange and Ulster (Orange-Ulster BOCES) for preservation. Notwithstanding any other provision of law to the contrary, such records shall be deemed to be the records of such board of cooperative educa- tional services for purposes of the management and disposition of such records. S 5. Notwithstanding any other provision of law, rule or regulation to the contrary, all former employees of union free school district number 13, town of Greenburgh, county of Westchester for whom such school district agreed by contract to pay the costs of health insurance in retirement shall, as of the effective date of this act, be deemed retired employees of the state of New York entitled to participate in the New York state health insurance program under the terms and condi- tions of such program applicable to managerial and confidential employ- ees of the state. S 6. The territory comprising the union free school district number 13, town of Greenburgh, county of Westchester, shall revert to and become part of the Irvington union free school district in the county of Westchester. S 7. 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 213 of the laws of 2011, 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, AND twelve [and thirteen] of the town of Green- burgh, 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, West- chester 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; and union free school district number three, town of Riverhead, Suffolk county.
S 8. This act shall take effect immediately; provided, however that section seven of this act shall take effect upon the dissolution of union free school district number three in the town of Hamburg, Erie county pursuant to the provisions of section 3 of chapter 213 of the laws of 2011.

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