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