S T A T E   O F   N E W   Y O R K
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                                  4543

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

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

AN ACT in relation to state aid payments to the Fredonia central  school
  district

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

  Section 1. Legislative intent. The legislature hereby finds  that  the
Fredonia  central  school  district approved several capital improvement
projects which were designated by  the  State  Education  Department  as
project  numbers  0001-006  and 0009-008. In addition, the projects were
eligible for certain state aid. The legislature further finds  that  due
to ministerial error, required filings for eligibility for such aid were
not made by the district in a timely manner making the district ineligi-
ble  for  certain  aid.  The legislature further finds that without such
aid, the capital improvement projects will impose an  additional,  unan-
ticipated hardship on district taxpayers.
  S  2.  All  the  acts done and proceedings heretofore had and taken or
caused to be had and taken by the Fredonia central school  district  and
by  all its officers or agents relating to or in connection with certain
final cost reports to be filed with the state education  department  for
projects  0001-006  and  0009-008,  and  all acts incidental thereto are
hereby legalized, validated, ratified and confirmed, notwithstanding any
failure to comply with the approval and filing provisions of the  educa-
tion  law  or  any  other  law or any other statutory authority, rule or
regulation, in relation to any omissions, error, defect, irregularity or
illegality in such proceedings had and taken, and provided further  that
any  amount  due and payable to the Fredonia central school district for
school years prior to the two thousand  nine--two  thousand  ten  school
year 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05543-01-9

              

A. 4543                             2

  S  3.  The  education  department  is  hereby directed to consider the
approved costs of the aforementioned project as valid and  proper  obli-
gations of the Fredonia central school district.
  S  4. Notwithstanding any provisions of law to the contrary, state aid
payments in the amount of not more than one million three hundred  eigh-
teen  thousand  three  hundred  forty-one  dollars  made to the Fredonia
central school district, which included excess payments of building aid,
and for which a recovery must be made by the state through deduction  of
future  aid  payments,  shall be reduced through aid deductions totaling
such excess payments, by deducting one-sixth  of  such  excess  payments
from  the  payments due to such school district and payable in the month
of June in the years 2009, 2010, 2011, 2012, 2013,  and  2014  provided,
however,  there  shall  be  no  interest  penalty  assessed against such
district or collected by the state, and provided further that,  notwith-
standing any other provisions of this act, any pending payment of moneys
due  to  such  district  as  a prior year adjustment payable pursuant to
paragraph c of subdivision 5 of section 3604 of the  education  law  for
aid  claims  that had been previously paid in excess as current year aid
payments and for which recovery of excess payments is to be made  pursu-
ant  to  this section, shall be reduced at the time of actual payment by
any remaining unrecovered balance  of  such  excess  payments,  and  the
remaining  scheduled deductions of such excess payments pursuant to this
section shall be reduced by the commissioner of education to reflect the
amount so recovered.
  S 5. This act shall take effect immediately.