S07471 Summary:

BILL NOS07471
 
SAME ASSAME AS A10337
 
SPONSORFLANAGAN
 
COSPNSR
 
MLTSPNSR
 
Amd S4, Chap 140 of 1985; amd S1680, Pub Auth L
 
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.
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S07471 Actions:

BILL NOS07471
 
05/23/2012REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
05/25/2012COMMITTEE DISCHARGED AND COMMITTED TO EDUCATION
06/05/20121ST REPORT CAL.1036
06/06/20122ND REPORT CAL.
06/11/2012ADVANCED TO THIRD READING
06/12/2012PASSED SENATE
06/12/2012DELIVERED TO ASSEMBLY
06/12/2012referred to education
06/21/2012substituted for a10337
06/21/2012ordered to third reading rules cal.568
06/21/2012passed assembly
06/21/2012returned to senate
08/06/2012DELIVERED TO GOVERNOR
08/17/2012VETOED MEMO.149
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S07471 Floor Votes:

DATE:06/21/2012Assembly Vote  YEA/NAY: 144/0
AbbateYCerettoYGlickYLentolYMurrayYRyanY
AbinantiYClarkYGoldfederYLiftonYNolanYSaladinoY
AmedoreYColtonYGoodellYLinaresYOaksYSaywardY
ArroyoYConteERGottfriedYLope PDYO'DonnellYScarboroughY
AubryYCookYGrafERLope VJYOrtizYSchimelY
BarclayYCorwinYGuntherYLosquadroYPalmesanoYSchimmingerY
BarrettYCrespoYHannaYLupardoYPaulinYSimanowitzY
BarronERCrouchYHawleyYMageeYPeoples StokesYSimotasY
BenedettoYCurranYHeastieYMagnarelliYPerryYSkartadosY
BlankenbushYCusickYHevesiYMaiselYPretlowYSmardzY
BoylandYCymbrowitzYHikindYMalliotakisYQuartYStevensonY
BoyleYDenDekkerYHooperYMarkeyYRaYSweeneyY
BraunsteinYDinowitzYJacobsYMayerYRabbittYTediscoY
BrennanYDupreyYJaffeeYMcDonoughYRaiaYTenneyY
BrindisiYEnglebrightYJeffriesERMcEnenyYRamosYThieleY
BronsonYEspinalYJohnsYMcKevittYReilichYTitoneY
Brook KrasnyYFarrellYJordanYMcLaughlinYReillyYTitusY
BurlingYFinchYKatzYMengERRive J YTobaccoY
ButlerYFitzpatrickYKavanaghYMill D YRive N YWalterY
CahillYFriendYKearnsYMill JMYRive PMYWeinsteinY
CalhounYGabryszakYKellnerYMill MGYRobertsYWeisenbergY
CamaraYGalefYKolbYMillmanYRobinsonYWeprinY
CanestrariYGanttYLancmanERMontesanoYRodriguezYWrightY
CastelliYGibsonYLatimerYMorelleYRosenthalYZebrowskiY
CastroYGiglioYLavineYMoyaYRussellYMr SpkrY

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S07471 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:
 
     1    Section 1. Section 4 of chapter 140 of the laws of  1985  relating  to
     2  establishing the Randolph Children's Home union free school district, as
     3  amended  by  chapter  213  of  the  laws  of 2011, is amended to read as
     4  follows:
     5    § 4. a.  Whenever any territory adjoining any part  of  the  territory
     6  described in this act, shall be acquired or purchased by the Western New
     7  York  Society  for the Protection of Homeless and Dependent Children, or
     8  its successors, or the Randolph Academy union free school  district,  or
     9  shall  be held by said society or the Randolph Academy union free school

    10  district or its successors in accordance  with  the  provisions  of  the
    11  not-for-profit  corporation  law,  the  same  shall become a part of the
    12  union free school district hereby established and shall,  together  with
    13  the territory described in this act, enjoy all the powers and privileges
    14  of  a  union  free school district under the provisions of the education
    15  law.
    16    b. The Randolph Academy union free school  district,  subject  to  the
    17  consent  of  the  state  education department, is authorized to acquire,
    18  purchase, lease, or otherwise operate any part or all of (i) its  terri-
    19  tory  or  (ii) the territory constituting the union free school district
    20  number three in the town of Hamburg, Erie county as created  by  chapter
    21  934  of the laws of 1971, as amended by chapter 501 of the laws of 1986,

    22  and the facilities available  to  be  used  by  the  union  free  school
    23  district  number three in the town of Hamburg, Erie county in fulfilling
    24  its purposes and situated on such territory, for the purpose of  operat-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15850-01-2

        S. 7471                             2
 
     1  ing  educational  programs approved by the state education department at
     2  such site.
     3    c.  Any territory acquired, purchased, leased or otherwise operated by
     4  the Randolph Academy union free school district as set forth in subdivi-
     5  sion b of this section shall become  part  of  such  union  free  school

     6  district for so long as such territory is held by such union free school
     7  district  by  deed,  lease,  or  otherwise. Where such acquisition is by
     8  lease, or other agreement having a fixed term or is  terminable  by  any
     9  party,  such territory shall cease to be a part of the union free school
    10  district created by this act and shall revert to, and become a part  of,
    11  as  the  case may be, either the Randolph central school district in the
    12  county of Cattaraugus in the case of the Randolph Academy or  the  Fron-
    13  tier  central  school  district in the county of Erie in the case of the
    14  union free school district number three in the  town  of  Hamburg,  Erie
    15  county, upon the expiration or termination of such lease or other agree-
    16  ment or when any bonds or notes issued by the dormitory authority of the

    17  state  of  New York in connection with the financing of certain improve-
    18  ments made at such facilities prior to the effective date of this subdi-
    19  vision are no longer outstanding, whichever is later.
    20    d. [The] Notwithstanding any provision of any law to the contrary, the
    21  Randolph Academy union free school district is  authorized,  subject  to
    22  the  consent  of  the  state  education  department,  to  operate and/or
    23  purchase and/or lease the territory, facilities, and assets currently or
    24  formerly in its district or in the district of  the  union  free  school
    25  district  number three in the town of Hamburg, Erie county, known as the
    26  Hopevale union free school district and/or owned by Hopevale, Inc.
    27    § 2. The undesignated paragraph of subdivision 1 of  section  1680  of
    28  the public authorities law, as added by chapter 213 of the laws of 2011,

    29  is amended to read as follows:
    30    Randolph Academy union free school district, for the financing, acqui-
    31  sition,  construction,  reconstruction,  renovation  and improvement for
    32  facilities located in either Cattaraugus  county  or  Erie  county,  New
    33  York. Notwithstanding any other provision of law, Randolph Academy union
    34  free  school  district shall have full power and authority to assign and
    35  pledge to the authority any and all public funds to  be  apportioned  or
    36  otherwise made payable by the state, a political subdivision, as defined
    37  in  section  one  hundred  of  the  general municipal law, or any social
    38  services district in the state in  an  amount  sufficient  to  make  all
    39  payments  required  to  be  made  by  Randolph Academy union free school
    40  district pursuant to any lease, sublease or other agreement entered into

    41  between Randolph Academy union free school district and  the  authority.
    42  All  state  and local officers are hereby authorized and required to pay
    43  all such funds so assigned and pledged to  the  authority  or  upon  the
    44  direction of the authority, to any trustee of any authority bond or note
    45  issued  pursuant  to  a  certificate  filed with any such state or local
    46  officer by the authority pursuant to the provisions of this section.  No
    47  agreement or lease by Randolph Academy union free school district pursu-
    48  ant to this paragraph shall be effective unless and until it is approved
    49  by or on behalf of the commissioner of education.
    50    § 3. This act shall take effect immediately.
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