S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6232
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GALEF,  LUPARDO,  WOERNER, LIFTON, ABINANTI,
   PAULIN, OTIS, BRABENEC, MONTESANO -- read once  and  referred  to  the
   Committee on Education
 
 AN  ACT  to amend the education law, in relation to the component school
   districts' share of the capital expenditures of a board of cooperative
   educational services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 13 of section 1950 of the educa-
 tion law, as added by chapter 33 of the laws of 1976, is amended to read
 as follows:
   b.  The  acquisition  of such facilities is hereby declared and deter-
 mined to be a school district purpose and an object or purpose for which
 each such component school district is hereby authorized to expend money
 and contract indebtedness. The period of  probable  usefulness  of  such
 object  or  purpose  is  hereby determined to be thirty years. Each such
 component school district is hereby authorized to finance its  share  of
 the cost of the acquisition of such facilities together with costs inci-
 dental  to  such  financing,  including,  but not limited to legal fees,
 printing, engraving and publication of notices, either from any  current
 funds  legally  available  therefor,  or  by the issuance of obligations
 pursuant to the local finance law; provided, however,  THAT  SUBJECT  TO
 THE  APPROVAL  OF  THE  QUALIFIED VOTERS, THE SCHOOL DISTRICT'S SHARE OF
 CAPITAL LOCAL EXPENDITURES APPROVED BY THE BOARD  OF  EDUCATION  OF  THE
 BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES, AS DEFINED IN SUBPARAGRAPH
 (II) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION TWO  THOUSAND  TWENTY-
 THREE-A  OF  THIS  TITLE, SHALL NOT BE INCLUDED IN SUCH COMPONENT SCHOOL
 DISTRICT'S TAX LEVY PURSUANT TO SUCH PARAGRAPH. PROVIDED, FURTHER,  that
 (i) no approval of the voters of such component school district shall be
 required,  (ii)  the voting of a special tax or a tax to be collected in
 installments shall not be a condition precedent to  the  adoption  of  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10141-01-9

 A. 6232                             2
 
 bond resolution for such object or purpose, (iii) a majority vote of the
 entire voting strength of the board of education shall be sufficient for
 adoption of such a bond resolution, which bond resolution may be adopted
 at  a  regular  meeting,  or a special meeting of the board of education
 called on not less than twelve hours oral or written notice,  which  may
 be  held  either  within or outside of such district, (iv) any such bond
 resolution shall take effect immediately and shall not be subject either
 to a mandatory or permissive referendum, and (v) no such bond resolution
 shall be adopted prior to the execution  by  the  board  of  cooperative
 educational services and the component school districts of such board of
 cooperative  educational services of the agreement required by paragraph
 a of this subdivision.
   § 2. Paragraph c of subdivision 2 of section 2023-a of  the  education
 law, as amended by section 1 of subpart C of part C of chapter 20 of the
 laws of 2015, is amended to read as follows:
   c.  "Capital  local  expenditures" means (I) the taxes associated with
 budgeted expenditures resulting from the financing, refinancing,  acqui-
 sition,  design,  construction, reconstruction, rehabilitation, improve-
 ment, furnishing and equipping of, or  otherwise  providing  for  school
 district  capital  facilities  or  school  district  capital  equipment,
 including debt service and lease expenditures, and transportation  capi-
 tal  debt service, subject to the approval of the qualified voters where
 required by law; AND (II) THE SCHOOL DISTRICT'S SHARE OF  CAPITAL  LOCAL
 EXPENDITURES,  AS  DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, OF THE
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF WHICH THE  SCHOOL  DISTRICT
 IS  A  COMPONENT,  AS  AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVISION
 THIRTEEN OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.  [The  commis-
 sioner  of  taxation and finance shall, as appropriate, promulgate rules
 and regulations which  may  provide  for  adjustment  of  capital  local
 expenditures to reflect a school district's share of additional budgeted
 capital   expenditures  made  by  a  board  of  cooperative  educational
 services.]
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  section  2023-a  of the education law, made by section two of
 this act, shall not affect the expiration and repeal  of  such  section,
 and shall expire and be deemed repealed therewith.