NY State Senate Bill 2011-S6147

Senate Bill S6147

2011-2012 Legislative Session

Legalizes, validates, ratifies and confirms certain transportation contracts of the Schenectady city school district

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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 10, 2012	reported and committed to finance
Jan 05, 2012	referred to education

Votes

- Jan 10, 2012 - Education Committee Vote
  S6147
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jan 10, 2012
      
      aye (18)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Farley
      
      Flanagan
      
      Huntley
      
      LaValle
      
      Lanza
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Oppenheimer
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Serrano
      
      Seward
      
      Stavisky

2011-S6147 (ACTIVE) - Details

See Assembly Version of this Bill:: A9169
Current Committee:: Senate Finance
Law Section:: Education
Versions Introduced in Other Legislative Sessions:: 2009-2010: S693, S7217, A4587
2013-2014: A5662

2011-S6147 (ACTIVE) - Summary

Legalizes, validates, ratifies and confirms certain transportation contracts of the Schenectady city school district which were denied by the education department for failure of the district to publish certain information required by statute.

2011-S6147 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6147

TITLE OF BILL:
An act
to legalize, validate, ratify and confirm certain transportation
contracts of the Schenectady city school district

PURPOSE:
To legalize, validate, ratify and confirm certain acts of the
Schenectady City School District in order to ensure that the District
receives needed state reimbursement that it was supposed to receive
for certain transportation contracts.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill legalizes,
validates, ratifies and confirms the acts and proceedings of the
Schenectady City School District in relation to certain
transportation contracts.
Section 2 of the bill directs the Education
Department to consider the approved costs of such transportation
contracts as valid and proper obligations of the Schenectady City
School District.

JUSTIFICATION:
In 2008, the State Education Department identified an
error in a legal notice published several years earlier by the

Schenectady City School District in relation to certain
transportation services for the 2003-04 school year. Because of this
error, the Department indicated that the expected state
transportation aid could not be paid for these two contracts which
covered the 2003-04 school year. To exacerbate the situation, the
Education Department also indicated that the District could not be
reimbursed for transportation expenses incurred in connection with
the extension of those contracts in the
2004-05,2005-06,2006-07,2007-08 and 2008-09 school years. Because the
School District was unaware that there was a problem with the
original contracts, it had extended the contracts several times.
Because of the delay in identifying the original error, the potential
financial ramifications of this error increased dramatically. The
loss of this aid would be an excessive and unwarranted punishment for
an unintended error in a legal notice. This would have a significant
negative impact on schoolchildren and local taxpayers. The state
should not receive a windfall at the expense of the local school
district because of an administrative error.
This legislation will enable the District to receive
the appropriate transportation aid which it would otherwise be
entitled to receive.

FISCAL IMPLICATIONS:
This bill does not cost the state any extra
money. Each year, the state budget includes funds to help school

districts with their transportation expenses.
This bill simply enables the Schenectady City School District to
receive the transportation aid that was allocated for it in the state
budget. These funds had been set aside for the District to receive as
reimbursement for the expenses it incurred in providing needed
transportation services to students.

PRIOR LEGISLATIVE HISTORY:
2011: S.4564- Veto Memo #76

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6147 (ACTIVE) - Bill Text download pdf

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

                                  6147

                            I N  S E N A T E

                             January 5, 2012
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to legalize, validate, ratify and confirm certain  transportation
  contracts of the Schenectady city school district

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

  Section 1. All the acts done and proceedings heretofore had and  taken
or  caused  to  be had and taken by the Schenectady city school district
and by all officers, employees or agents of such school district  relat-
ing  to  or  in  connection  with  transportation  contracts C252137 and
C252138 for the 2003-2004  school  year,  and  transportation  contracts
E252137  and  E252138  for  the  2004-05,  2005-06, 2006-07, 2007-08 and
2008-09 school years, and all acts incidental thereto are hereby  legal-
ized,  validated, ratified and confirmed, notwithstanding any failure to
comply with the contract award, approvals and filing provisions  of  the
education law, general municipal law or any other law or any other stat-
utory  authority, rule or regulation, other than those filing provisions
defined in paragraph a of subdivision 5 of section 3604 of the education
law, in relation to any omission, error, defect, irregularity  or  ille-
gality  in  such proceeding had and taken, and provided further that any
amount due and payable to the Schenectady  city  school  district  as  a
result of this act shall be paid pursuant to the provisions of paragraph
c of subdivision 5 of section 3604 of the education law.
  S  2.  The  education  department  is  hereby directed to consider the
aforementioned contracts for transportation  aid  as  valid  and  proper
obligations of the Schenectady city school district.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09248-01-1

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