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S07129 Summary:

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S07129 Floor Votes:

S07129 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7129--B
            Cal. No. 315
 
                    IN SENATE
 
                                     March 15, 2010
                                       ___________
 
        Introduced  by  Sens.  STEWART-COUSINS, LARKIN -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Local
          Government -- reported favorably from said committee, ordered to first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the order of third reading --  again

          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT to amend chapter 118 of the laws of 1969, relating to a  separate
          union  free school district in the town of Greenburgh in the county of
          Westchester, in relation to clarifying the authority of the Greenburgh
          North Castle Union Free School District to  lease  certain  properties
          located outside of its boundaries and to establish that the Greenburgh
          North  Castle  Union  free  school  district  number  twelve  and  St.
          Christopher's Inc. are "private not-for-profit schools"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Chapter  118  of the laws of 1969, relating to a separate
     2  union free school district in the town of Greenburgh in  the  county  of

     3  Westchester is amended by adding a new section 2-a to read as follows:
     4    §  2-a.  Notwithstanding  any  other  law,  rule, or regulation to the
     5  contrary, in addition to the powers granted by section two of this  act,
     6  subject  to the approval of the New York state education department, the
     7  board of education shall be authorized to lease  properties  located  at
     8  623  Blooming  Grove  Turnpike,  in  the  town of New Windsor, county of
     9  Orange for the purpose of providing instruction to students enrolled  in
    10  the school district.
    11    §  2.  The  actions  of the board of education of the Greenburgh North
    12  Castle Union Free School District in  entering  a  lease  of  properties
    13  located  at  623  Blooming  Grove  Turnpike, in the town of New Windsor,

    14  county of Orange prior to the effective date  of  this  act  are  hereby
    15  ratified,  validated  and confirmed notwithstanding its location outside
    16  of the school district boundaries.
    17    § 3. (a) Notwithstanding any provision of law  to  the  contrary,  the
    18  Greenburgh North Castle union free school district number twelve, of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16443-05-0
        S. 7129--B                          2
 
     1  towns  of  Greenburgh  and  North  Castle, in the county of Westchester,
     2  created pursuant to chapter 118 of the laws of 1969, as amended and  St.
     3  Christopher's  Inc. shall each, to the extent necessary or applicable to

     4  effectuate  the  provisions  of this section, be deemed to be a "private
     5  not-for-profit school" within the provisions of title  four  of  article
     6  eight of the public authorities law, chapter 698 of the laws of 1991 and
     7  chapter 294 of the laws of 1998, solely for the purposes of assuming the
     8  obligations  of  the McQuade foundation in connection with the dormitory
     9  authority's "The McQuade foundation insured revenue bonds, series 2005",
    10  and not for the purposes of any other law, rule, regulation or  statute.
    11  Provided  further,  that,  notwithstanding  the assumption of such obli-
    12  gations, the Greenburgh North Castle union free school  district  number
    13  twelve  shall be permitted to operate the capital facilities financed by
    14  the proceeds of the McQuade foundation  insured  revenue  bonds,  series
    15  2005  for  the  purposes  of  providing services pursuant to such school

    16  district's contracts  with  other  public  school  districts  or  social
    17  services  districts  for  the  education  of  children with handicapping
    18  conditions pursuant to article eighty-one or eighty-nine of  the  educa-
    19  tion law.
    20    (b) Notwithstanding any provision of law to the contrary, the dormito-
    21  ry  authority,  St.  Christopher's  Inc. and the Greenburgh North Castle
    22  union free school district number twelve, of the towns of Greenburgh and
    23  North Castle, in the county of Westchester, are each  hereby  authorized
    24  to  enter  into such agreements as the dormitory authority deems reason-
    25  able or necessary to comply with the requirements of subdivision (a)  of
    26  this  section  and  to provide for the performance of the obligations of
    27  St. Christopher's Inc. and the Greenburgh North Castle union free school
    28  district number twelve, in accordance with the provisions of title  four

    29  of  article eight of the public authorities law, chapter 698 of the laws
    30  of 1991, chapter 294 of the laws of 1998 and the  dormitory  authority's
    31  contract  with  the  holders  of  the McQuade foundation insured revenue
    32  bonds, series 2005. In furtherance thereof, the Greenburgh North  Castle
    33  union free school district number twelve, St. Christopher's Inc. and the
    34  dormitory  authority  are  hereby  authorized  to enter into one or more
    35  leases or other agreements pursuant to which the Greenburgh North Castle
    36  union free school district number twelve  and  St.  Christopher's  Inc.,
    37  among  other things, shall: (i) agree to pay annual rentals in an amount
    38  sufficient to pay the principal and interest due on the McQuade  founda-
    39  tion  insured revenue bonds, series 2005 as such annual rentals come due
    40  and any other amounts payable to  the  dormitory  authority  under  such

    41  agreements;  and (ii) pledge to the dormitory authority, as security for
    42  their respective obligations under such leases or other agreements, that
    43  part of the tuition payments payable  by  public  school  districts  and
    44  social  services districts for services rendered by the Greenburgh North
    45  Castle union free school district number twelve  as  determined  by  the
    46  commissioner  of education pursuant to section four thousand four of the
    47  education law.
    48    (c) Upon the assumption of the aforesaid obligations  of  the  McQuade
    49  foundation  by  the  Greenburgh  North Castle union free school district
    50  number twelve, of the towns of Greenburgh  and  North  Castle,  and  St.
    51  Christopher's Inc., all amounts currently or hereafter held by the state
    52  comptroller  in  the  private  not-for-profit  school capital facilities
    53  financing reserve account established for the McQuade  foundation  shall

    54  continue  to  be  held  to provide for the payment of such assumed obli-
    55  gations and applied in accordance with the provisions of paragraph f  of
    56  subdivision  thirty-one  of section sixteen hundred eighty of the public
        S. 7129--B                          3
 
     1  authorities law. In addition, every public school  district  and  social
     2  services  district shall make payment of the tuition payments referenced
     3  in subdivision (b) of this section to the state comptroller for  deposit
     4  into  the  financing  reserve fund account established pursuant to para-
     5  graph f of subdivision thirty-one of section sixteen hundred  eighty  of
     6  the public authorities law.
     7    (d)  Nothing  in  this  chapter  shall  authorize the Greenburgh North
     8  Castle union free school district number twelve, of the towns of  Green-

     9  burgh and North Castle, and St. Christopher's Inc. from effectuating the
    10  transactions  authorized  under  this  act  without  first obtaining any
    11  governmental approvals, consents, licenses,  permits  and  accreditation
    12  otherwise  required under law, which shall include but not be limited to
    13  programmatic approval of the commissioner of education.
    14    (e) Nothing in this chapter shall be construed to impair the  validity
    15  of  the  McQuade  foundation insured revenue bonds, series 2005 and such
    16  bonds shall, in all respects, continue to be  valid  and  binding  obli-
    17  gations  of the dormitory authority authorized under and governed by the
    18  provisions of title four of article eight of the public authorities law,
    19  chapter 698 of the laws of 1991 and chapter 294 of  the  laws  of  1998,
    20  including,  without limitation subdivision thirty-one of section sixteen

    21  hundred eighty of the public authorities law,  except  as  is  expressly
    22  provided in this section.
    23    § 4. This act shall take effect immediately.