NY State Assembly Bill 2009-A7070

Assembly Bill A7070

2009-2010 Legislative Session

Grants small city school districts the authority to provide cafeteria services to students should such district be subject to a contingency budget

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jun 11, 2009	print number 7070b
Jun 11, 2009	amend and recommit to education
May 26, 2009	print number 7070a
May 26, 2009	amend and recommit to education
Mar 19, 2009	referred to education

Bill Amendments

Original

B (Active)

2009-A7070 - Details

Current Committee:: Assembly Education
Laws Affected:: Amd §§2503, 2601-a & 2023, Ed L

2009-A7070 - Summary

Grants small city school districts the authority to provide cafeteria or restaurant services to students should such district be subject to a contingency budget.

2009-A7070 - Bill Text download pdf

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

                                  7070

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to  granting  small  city
  school  districts  the  authority  to  provide  cafeteria  services to
  students should such district be subject to a contingency budget

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph a of subdivision 9 of section 2503 of the educa-
tion law, as amended by chapter 171 of the laws of 1996, is  amended  to
read as follows:
  a.  Shall  promote  the best interests of the schools and other activ-
ities committed to its care, and shall authorize, or in  its  discretion
conduct,  and  maintain  such  extra classroom activities, including the
operation of cafeterias or restaurant service  for  use  by  pupils  and
teachers,  as  the  board,  from  time to time, shall deem proper.  Such
cafeterias or restaurant service may be used by the community for school
related functions and activities and to furnish  meals  to  the  elderly
residents,  sixty years of age or older, of the district. [Such utiliza-
tion shall be subject to the approval of the  board  of  education,  and
shall  be  subject  to voter approval unless the cafeteria or restaurant
service was operated during the preceding school year  and  requires  no
tax levy. Charges shall be sufficient to meet the direct cost of prepar-
ing and serving such meals, reducible by available reimbursements.]
  S  2. Subdivision 5 of section 2601-a of the education law, as amended
by section 29 of part A of chapter 436 of the laws of 1997,  is  amended
to read as follows:
  5. If the qualified voters fail or refuse to vote the sum estimated to
be  necessary  for  teachers'  salaries  and  other  ordinary contingent
expenses, the board shall adopt a contingency budget in accordance  with
this  subdivision  and  shall  levy  a  tax for that portion of such sum
remaining after applying thereto the moneys received or to  be  received

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02896-01-9

A. 7070                             2

from state, federal or other sources, in the same manner as if the budg-
et had been approved by the qualified voters; subject to the limitations
imposed in subdivision four of section two thousand twenty-three of this
[chapter] TITLE and this subdivision. The administrative component shall
not comprise a greater percentage of the contingency budget exclusive of
the capital component than the lesser of (1) the percentage the adminis-
trative  component  had  comprised in the prior year budget exclusive of
the capital component; or (2) the percentage the  administrative  compo-
nent had comprised in the last proposed defeated budget exclusive of the
capital  component. Such contingency budget shall include the sum deter-
mined by the board to be necessary for:
  (a) teachers' salaries, including the salaries of all members  of  the
teaching and supervising staff;
  (b) items of expense specifically authorized by statute to be incurred
by  the  board of education, including, but not limited to, expenditures
for transportation to and from regular school programs included as ordi-
nary contingent expenses in subdivision twelve  of  section  twenty-five
hundred  three  of  this  [chapter]  TITLE,  expenditures for textbooks,
required  services  for  non-public  school  students,   school   health
services,  special  education  services, kindergarten and nursery school
programs, and the district's share of the administrative costs and costs
of services provided by a board of cooperative educational services;
  (c) items of expense for legal obligations of the district, including,
but not limited to, contractual obligations, debt service, court  orders
or judgments, orders of administrative bodies or officers, and standards
and  requirements of the board of regents and the commissioner that have
the force and effect of law;
  (d) the purchase of library books and  other  instructional  materials
associated with a library;
  (e) items of expense necessary to maintain the educational programs of
the  district,  preserve  the  property  of  the district or protect the
health and safety of students and staff, including, but not limited  to,
support  services,  pupil personnel services, the necessary salaries for
the  necessary  number  of  non-teaching  employees,   necessary   legal
expenses,  water  and utility charges, instructional supplies for teach-
ers' use, emergency repairs, temporary  rental  of  essential  classroom
facilities,  and expenditures necessary to advise school district voters
concerning school matters; [and]
  (f) expenses incurred for interschool athletics, field trips and other
extracurricular activities; [and]
  (g) THE EXPENSES FOR CAFETERIA OR RESTAURANT SERVICES; AND
  (H) any other item of expense determined by the commissioner to be  an
ordinary contingent expense in any school district.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

2009-A7070A - Details

Current Committee:: Assembly Education
Laws Affected:: Amd §§2503, 2601-a & 2023, Ed L

2009-A7070A - Summary

Grants small city school districts the authority to provide cafeteria or restaurant services to students should such district be subject to a contingency budget.

2009-A7070A - Bill Text download pdf

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

                                 7070--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the education law, in relation to granting small city
  school districts  the  authority  to  provide  cafeteria  services  to
  students should such district be subject to a contingency budget

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 9 of section 2503 of the  educa-
tion  law,  as amended by chapter 171 of the laws of 1996, is amended to
read as follows:
  a. Shall promote the best interests of the schools  and  other  activ-
ities  committed  to its care, and shall authorize, or in its discretion
conduct, and maintain such extra  classroom  activities,  including  the
operation  of  cafeterias  or  restaurant  service for use by pupils and
teachers, as the board, from time to time,  shall  deem  proper.    Such
cafeterias or restaurant service may be used by the community for school
related  functions  and  activities  and to furnish meals to the elderly
residents, sixty years of age or older, of the district. [Such  utiliza-
tion]  UTILIZATION  OF  RESTAURANT  SERVICES  shall  be  subject  to the
approval of the board of  education,  and  shall  be  subject  to  voter
approval  unless [the cafeteria or] SUCH restaurant service was operated
during the preceding school year and requires no tax levy. Charges shall
be sufficient to meet the direct cost  of  preparing  and  serving  such
meals, reducible by available reimbursements.
  S  2. Subdivision 5 of section 2601-a of the education law, as amended
by section 29 of part A of chapter 436 of the laws of 1997,  is  amended
to read as follows:
  5. If the qualified voters fail or refuse to vote the sum estimated to
be  necessary  for  teachers'  salaries  and  other  ordinary contingent
expenses, the board shall adopt a contingency budget in accordance  with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02896-03-9

A. 7070--A                          2

this  subdivision  and  shall  levy  a  tax for that portion of such sum
remaining after applying thereto the moneys received or to  be  received
from state, federal or other sources, in the same manner as if the budg-
et had been approved by the qualified voters; subject to the limitations
imposed in subdivision four of section two thousand twenty-three of this
[chapter] TITLE and this subdivision. The administrative component shall
not comprise a greater percentage of the contingency budget exclusive of
the capital component than the lesser of (1) the percentage the adminis-
trative  component  had  comprised in the prior year budget exclusive of
the capital component; or (2) the percentage the  administrative  compo-
nent had comprised in the last proposed defeated budget exclusive of the
capital  component. Such contingency budget shall include the sum deter-
mined by the board to be necessary for:
  (a) teachers' salaries, including the salaries of all members  of  the
teaching and supervising staff;
  (b) items of expense specifically authorized by statute to be incurred
by  the  board of education, including, but not limited to, expenditures
for transportation to and from regular school programs included as ordi-
nary contingent expenses in subdivision twelve  of  section  twenty-five
hundred  three  of  this  [chapter]  TITLE,  expenditures for textbooks,
required  services  for  non-public  school  students,   school   health
services,  special  education  services, kindergarten and nursery school
programs, and the district's share of the administrative costs and costs
of services provided by a board of cooperative educational services;
  (c) items of expense for legal obligations of the district, including,
but not limited to, contractual obligations, debt service, court  orders
or judgments, orders of administrative bodies or officers, and standards
and  requirements of the board of regents and the commissioner that have
the force and effect of law;
  (d) the purchase of library books and  other  instructional  materials
associated with a library;
  (e) items of expense necessary to maintain the educational programs of
the  district,  preserve  the  property  of  the district or protect the
health and safety of students and staff, including, but not limited  to,
support  services,  pupil personnel services, the necessary salaries for
the  necessary  number  of  non-teaching  employees,   necessary   legal
expenses,  water  and utility charges, instructional supplies for teach-
ers' use, emergency repairs, temporary  rental  of  essential  classroom
facilities,  and expenditures necessary to advise school district voters
concerning school matters; [and]
  (f) expenses incurred for interschool athletics, field trips and other
extracurricular activities; [and]
  (g) THE EXPENSES FOR CAFETERIA SERVICES; AND
  (H) any other item of expense determined by the commissioner to be  an
ordinary contingent expense in any school district.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

2009-A7070B (ACTIVE) - Details

Current Committee:: Assembly Education
Laws Affected:: Amd §§2503, 2601-a & 2023, Ed L

2009-A7070B (ACTIVE) - Summary

Grants small city school districts the authority to provide cafeteria or restaurant services to students should such district be subject to a contingency budget.

2009-A7070B (ACTIVE) - Sponsor Memo

2009-A7070B (ACTIVE) - Bill Text download pdf

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

                                 7070--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the education law, in relation to granting small city
  school districts  the  authority  to  provide  cafeteria  services  to
  students should such district be subject to a contingency budget

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 9 of section 2503 of the  educa-
tion  law,  as amended by chapter 171 of the laws of 1996, is amended to
read as follows:
  a. Shall promote the best interests of the schools  and  other  activ-
ities  committed  to its care, and shall authorize, or in its discretion
conduct, and maintain such extra  classroom  activities,  including  the
operation  of  cafeterias  or  restaurant  service for use by pupils and
teachers, as the board, from time to time,  shall  deem  proper.    Such
cafeterias or restaurant service may be used by the community for school
related  functions  and  activities  and to furnish meals to the elderly
residents, sixty years of age or older, of the district.  Such  utiliza-
tion  BY COMMUNITY OR ELDERLY RESIDENTS shall be subject to the approval
of the board of education, and shall be subject to voter approval unless
the cafeteria or restaurant service was operated  during  the  preceding
school  year  and  requires  no tax levy. Charges shall be sufficient to
meet the direct cost of preparing and serving such meals,  reducible  by
available reimbursements.
  S  2. Subdivision 5 of section 2601-a of the education law, as amended
by section 29 of part A of chapter 436 of the laws of 1997,  is  amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02896-05-9

A. 7070--B                          2

  5. If the qualified voters fail or refuse to vote the sum estimated to
be  necessary  for  teachers'  salaries  and  other  ordinary contingent
expenses, the board shall adopt a contingency budget in accordance  with
this  subdivision  and  shall  levy  a  tax for that portion of such sum
remaining  after  applying thereto the moneys received or to be received
from state, federal or other sources, in the same manner as if the budg-
et had been approved by the qualified voters; subject to the limitations
imposed in subdivision four of section two thousand twenty-three of this
[chapter] TITLE and this subdivision. The administrative component shall
not comprise a greater percentage of the contingency budget exclusive of
the capital component than the lesser of (1) the percentage the adminis-
trative component had comprised in the prior year  budget  exclusive  of
the  capital  component; or (2) the percentage the administrative compo-
nent had comprised in the last proposed defeated budget exclusive of the
capital component. Such contingency budget shall include the sum  deter-
mined by the board to be necessary for:
  (a)  teachers'  salaries, including the salaries of all members of the
teaching and supervising staff;
  (b) items of expense specifically authorized by statute to be incurred
by the board of education, including, but not limited  to,  expenditures
for transportation to and from regular school programs included as ordi-
nary  contingent  expenses  in subdivision twelve of section twenty-five
hundred three of  this  [chapter]  TITLE,  expenditures  for  textbooks,
required   services   for  non-public  school  students,  school  health
services, special education services, kindergarten  and  nursery  school
programs, and the district's share of the administrative costs and costs
of services provided by a board of cooperative educational services;
  (c) items of expense for legal obligations of the district, including,
but  not limited to, contractual obligations, debt service, court orders
or judgments, orders of administrative bodies or officers, and standards
and requirements of the board of regents and the commissioner that  have
the force and effect of law;
  (d)  the  purchase  of library books and other instructional materials
associated with a library;
  (e) items of expense necessary to maintain the educational programs of
the district, preserve the property  of  the  district  or  protect  the
health  and safety of students and staff, including, but not limited to,
support services, pupil personnel services, the necessary  salaries  for
the   necessary   number  of  non-teaching  employees,  necessary  legal
expenses, water and utility charges, instructional supplies  for  teach-
ers'  use,  emergency  repairs,  temporary rental of essential classroom
facilities, and expenditures necessary to advise school district  voters
concerning school matters; [and]
  (f) expenses incurred for interschool athletics, field trips and other
extracurricular activities; [and]
  (g)  THE  EXPENSE OF CAFETERIA AND RESTAURANT SERVICES USED BY PUPILS,
TEACHERS AND STAFF. CAFETERIAS OR RESTAURANT SERVICE USED BY THE  COMMU-
NITY FOR SCHOOL RELATED FUNCTIONS AND ACTIVITIES AND TO FURNISH MEALS TO
THE  ELDERLY  RESIDENTS SHALL NOT BE PART OF A CONTINGENCY BUDGET UNLESS
NO TAX LEVY IS REQUIRED TO SUPPORT SUCH SERVICE; AND
  (H) any other item of expense determined by the commissioner to be  an
ordinary contingent expense in any school district.
  S 3. Subdivision 1 of section 2023 of the education law, as amended by
chapter 682 of the laws of 2002, is amended to read as follows:
  1.  If  the  qualified  voters shall neglect or refuse to vote the sum
estimated necessary for teachers' salaries, after applying  thereto  the

A. 7070--B                          3

public  school  moneys,  and other moneys received or to be received for
that purpose, or if they shall neglect or refuse to vote the  sum  esti-
mated necessary for ordinary contingent expenses, including the purchase
of  library  books  and  other instructional materials associated with a
library and expenses incurred for interschool athletics, field trips and
other extracurricular activities  and  the  expenses  for  cafeteria  or
restaurant  services  USED BY PUPILS, TEACHERS AND STAFF, the sole trus-
tee, board of trustees, or board of education shall adopt a  contingency
budget  including  such  expenses  and shall levy a tax for the same, in
like manner as if the same had  been  voted  by  the  qualified  voters,
subject  to  the limitations contained in subdivisions three and four of
this section.
  S 4. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

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Assembly Bill A7070

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Sponsored By

LATIMER

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A7070 - Details

2009-A7070 - Summary

2009-A7070 - Bill Text download pdf

2009-A7070A - Details

2009-A7070A - Summary

2009-A7070A - Bill Text download pdf

2009-A7070B (ACTIVE) - Details

2009-A7070B (ACTIVE) - Summary

2009-A7070B (ACTIVE) - Sponsor Memo

2009-A7070B (ACTIVE) - Bill Text download pdf

Comments