Bill Text: NY A06427 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to adjusting the calculation of operating shares in community college regions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A06427 Detail]

Download: New_York-2017-A06427-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6427
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2017
                                       ___________
        Introduced by M. of A. B. MILLER, FINCH -- read once and referred to the
          Committee on Higher Education
        AN  ACT  to amend the education law, in relation to adjusting the calcu-
          lation of operating shares in community college regions
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph c of subdivision 1 of section 6304 of the educa-
     2  tion law, as amended by chapter 295 of the laws of 1995 and the  closing
     3  paragraph  as  added  by  chapter 492 of the laws of 2010, is amended to
     4  read as follows:
     5    c. The local sponsor or sponsors shall provide one-half of the  amount
     6  of  the capital costs, or so much as may be necessary, and one-third or,
     7  in the case of a college implementing a program of full opportunity  for
     8  local  residents,  four-fifteenths of the operating costs, or so much as
     9  may be necessary, by appropriations from general revenues or from  funds
    10  derived  from  special  tax  levies  earmarked in part or whole for such
    11  purposes, by the use of gifts of money or, with the consent of the state
    12  university trustees, by the use of property, gifts of property or by the
    13  furnishing of services or, where a community college region is the local
    14  sponsor, in the manner provided by section sixty-three  hundred  ten  of
    15  this  chapter.  Where  the  local  sponsor  or sponsors provide all or a
    16  portion of its or their share of capital or operating costs in  real  or
    17  personal  property  or  in  services, the valuation of such property and
    18  services for the purpose of determining the amount of state aid shall be
    19  made by the state university trustees with the approval of the  director
    20  of  the  budget.  Local  sponsors  and, in the case of community college
    21  regions, any county, city or school district which has appointed members
    22  to a community college regional board  of  trustees  may  authorize  the
    23  issuance  of  bonds  or  notes  pursuant  to the provisions of the local
    24  finance law to provide any portion or all of its requisite share of such
    25  costs for which a period of probable usefulness has been established  in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09411-01-7
        A. 6427                             2
     1  the  local finance law. Where a county or city is the local sponsor of a
     2  community college, or appoints members to a community  college  regional
     3  board  of  trustees,  the  expenditures  of  the  county or city for the
     4  college,  or  community college region, shall be a purpose of the county
     5  or city provided, however, that taxes to pay the local  sponsor's  share
     6  of  operating  costs,  or  the operating shares of the community college
     7  region charged to the county, [may] shall be charged back to [the cities
     8  and towns in the county in proportion to the number of students  attend-
     9  ing the community college each term who were residents of each such city
    10  or town at the beginning of such term] all county taxpayers evenly.
    11    Notwithstanding  any  provision of law to the contrary, in the case of
    12  community college regions, a community college regional board  of  trus-
    13  tees as finance board of the region may authorize the issuance of bonds,
    14  notes or other evidence of indebtedness or the effectuation of a financ-
    15  ing  transaction  by  the  community  college  region with the dormitory
    16  authority pursuant to the provisions of [article eight  of  title  four]
    17  title four of article eight of the public authorities law to provide all
    18  or  any  portion of such costs for which a period of possible usefulness
    19  has been established in the local finance law. Notwithstanding any other
    20  provision of law, the community college region  shall  itself  have  the
    21  power  to  borrow  money  for specific objects or purposes or a class or
    22  classes of objects or purposes described in section 11.00 of  the  local
    23  finance  law  by  adoption,  by two-thirds of the voting strength of the
    24  regional board of trustees thereof, of a bond resolution as described in
    25  section 32.00 of the local finance law and shall include the  recitation
    26  described  in  section  80.00 of the local finance law. Said bond resol-
    27  ution shall include the power to enter into financing transactions  with
    28  the  dormitory  authority  in accordance with the provisions of [article
    29  eight of title four] title four of article eight of the public  authori-
    30  ties law. Upon adoption and receipt of the approvals described in subdi-
    31  vision  ten  of  section  sixty-three  hundred  ten of this article, the
    32  community college region shall publish a legal  notice  of  estoppel  as
    33  described  in  section  81.00  of  the local finance law, which shall be
    34  applicable to said bond resolution. A community college region is hereby
    35  authorized to pledge any revenues or other monies to the payment of  any
    36  obligations  issued,  or  any  financing agreement entered into with the
    37  dormitory authority.
    38    § 2. This act shall take effect immediately.