S T A T E   O F   N E W   Y O R K
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                                  10337

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Education

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.

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

                                                           LBD15850-01-2

A. 10337                            2

  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.