Bill S7471-2011

Relates to the ability of the Randolph Academy union free school district to acquire, purchase, lease or otherwise operate territory for use by the school district

Relates to the ability of the Randolph Academy union free school district to acquire, purchase, lease or otherwise operate territory for use by the school district.

Details

Actions

  • Aug 17, 2012: VETOED MEMO.149
  • Aug 6, 2012: DELIVERED TO GOVERNOR
  • Jun 21, 2012: returned to senate
  • Jun 21, 2012: passed assembly
  • Jun 21, 2012: ordered to third reading rules cal.568
  • Jun 21, 2012: substituted for a10337
  • Jun 12, 2012: referred to education
  • Jun 12, 2012: DELIVERED TO ASSEMBLY
  • Jun 12, 2012: PASSED SENATE
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1036
  • May 25, 2012: COMMITTEE DISCHARGED AND COMMITTED TO EDUCATION
  • May 23, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Jun 5, 2012
Ayes (17): Flanagan, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Excused (1): Farley

Memo

BILL NUMBER:S7471

TITLE OF BILL: An act to amend chapter 140 of the laws of 1985 relating to establishing the Randolph Children's Home union free school district, and to amend the public authorities law, in relation to the establishment of the Randolph Academy union free school district

PURPOSE: The purpose of the legislation is to make a technical correction to Chapter 213 of the Laws of 2011. That legislation (1) provided for the expansion of the existing territory of the Randolph Academy union free school district located in the town of Randolph, county of Cattaraugus to include the territory which currently comprises the union free school district number three in the Town of Hamburg, county of Erie commonly known as the Hopevale union free school district; (ii) permit Randolph Academy to acquire its existing facility located in Randolph, NY from the existing host entity known as Western New York Society for the Protection of Homeless and Dependent Children; and (iii) permits the Randolph Academy union free school district to acquire the buildings in the territory of the Hopevale union free school district and to finance any such acquisition, if purchased, through the Dormitory Authority of the State of New York. Chapter 213 of the Laws of 201 I incorrectly omitted the authority to acquire the existing Randolph Academy, Randolph NY and the ability to finance such purchase through the Dormitory Authority of the State of New York. This legislation correct the omission.

SUMMARY OF PROVISIONS: Section one amends the existing authority of Randolph Academy union free school district by amending existing sections 4.a. - 4.d. of chapter 140 of the laws of 1985, as amended by Chapter 213 of the Laws of 2011 to allow ownership of the existing property currently owned by Western New York Society for the Protection of Homeless and Dependent Children by the Randolph Academy as a union free school district.

Section two amends the existing provisions of the new undesignated paragraph to subdivision 1 of section 1680 of the public authorities law, as added by Chapter 213 of the Laws of 2011, and authorizes the Dormitory Authority of the State of New York to extend financing to the Randolph Academy union free school district for the purpose of financing, acquisition, construction, reconstruction, renovation and improvement for facilities owned by Western New York Society for the Protection of Homeless and Dependent Children located in Cattaraugus County, New York.

Section three states the bill takes effect immediately.

JUSTIFICATION: Both Hopevale union free school district (HUFSD) and Randolph Academy union free school district (RAUFSD) are public special act school

districts located in Western New York and were created by the legislature to provide intensive quality education for special needs students as approved by the state education department. Chapter 213 of the Laws of 2011 prevented the closure of HUFSD and permitted RAUFSD to acquire, through purchase or lease, the existing campus in Hamburg, NY. RAUFSD executed a lease but anticipates purchasing the Hopevale campus latter this year. At the time of passage of Chapter 213 of the Laws of 2011, it was anticipated that RAUFSD would also acquire, by purchase or lease, its existing facility in Randolph, NY. Both purchases would be financed through the Dormitory Authority. This legislation corrects the omission of the authority of RAUFSD to acquire its facility.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7471 IN SENATE May 23, 2012 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend chapter 140 of the laws of 1985 relating to establishing the Randolph Children's Home union free school district, and to amend the public authorities law, in relation to the establishment of the Randolph Academy union free school district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4 of chapter 140 of the laws of 1985 relating to establishing the Randolph Children's Home union free school district, as amended by chapter 213 of the laws of 2011, is amended to read as follows: S 4. a. Whenever any territory adjoining any part of the territory described in this act, shall be acquired or purchased by the Western New York Society for the Protection of Homeless and Dependent Children, OR ITS SUCCESSORS, OR THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, or shall be held by said society OR THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT OR ITS SUCCESSORS in accordance with the provisions of the not-for-profit corporation law, the same shall become a part of the union free school district hereby established and shall, together with the territory described in this act, enjoy all the powers and privileges of a union free school district under the provisions of the education law. b. The Randolph Academy union free school district, subject to the consent of the state education department, is authorized to acquire, purchase, lease, or otherwise operate any part or all of (I) ITS TERRI- TORY OR (II) the territory constituting the union free school district number three in the town of Hamburg, Erie county as created by chapter 934 of the laws of 1971, as amended by chapter 501 of the laws of 1986, and the facilities available to be used by the union free school district number three in the town of Hamburg, Erie county in fulfilling its purposes and situated on such territory, for the purpose of operat-
ing educational programs approved by the state education department at such site. c. Any territory acquired, purchased, leased or otherwise operated by the Randolph Academy union free school district as set forth in subdivi- sion b of this section shall become part of such union free school district for so long as such territory is held by such union free school district by deed, lease, or otherwise. Where such acquisition is by lease, or other agreement having a fixed term or is terminable by any party, such territory shall cease to be a part of the union free school district created by this act and shall revert to, and become a part of, AS THE CASE MAY BE, EITHER THE RANDOLPH CENTRAL SCHOOL DISTRICT IN THE COUNTY OF CATTARAUGUS IN THE CASE OF THE RANDOLPH ACADEMY OR the Fron- tier central school district in the county of Erie IN THE CASE OF THE UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE TOWN OF HAMBURG, ERIE COUNTY, upon the expiration or termination of such lease or other agree- ment or when any bonds or notes issued by the dormitory authority of the state of New York in connection with the financing of certain improve- ments made at such facilities prior to the effective date of this subdi- vision are no longer outstanding, whichever is later. d. [The] NOTWITHSTANDING ANY PROVISION OF ANY LAW TO THE CONTRARY, THE Randolph Academy union free school district is authorized, subject to the consent of the state education department, to operate and/or purchase and/or lease the territory, facilities, and assets currently or formerly IN ITS DISTRICT OR IN THE DISTRICT of the union free school district number three in the town of Hamburg, Erie county, known as the Hopevale union free school district and/or owned by Hopevale, Inc. S 2. The undesignated paragraph of subdivision 1 of section 1680 of the public authorities law, as added by chapter 213 of the laws of 2011, is amended to read as follows: Randolph Academy union free school district, for the financing, acqui- sition, construction, reconstruction, renovation and improvement for facilities located in EITHER CATTARAUGUS COUNTY OR Erie county, New York. Notwithstanding any other provision of law, Randolph Academy union free school district shall have full power and authority to assign and pledge to the authority any and all public funds to be apportioned or otherwise made payable by the state, a political subdivision, as defined in section one hundred of the general municipal law, or any social services district in the state in an amount sufficient to make all payments required to be made by Randolph Academy union free school district pursuant to any lease, sublease or other agreement entered into between Randolph Academy union free school district and the authority. All state and local officers are hereby authorized and required to pay all such funds so assigned and pledged to the authority or upon the direction of the authority, to any trustee of any authority bond or note issued pursuant to a certificate filed with any such state or local officer by the authority pursuant to the provisions of this section. No agreement or lease by Randolph Academy union free school district pursu- ant to this paragraph shall be effective unless and until it is approved by or on behalf of the commissioner of education. S 3. This act shall take effect immediately.

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