NY State Senate Bill 2009-S1683

Archive: Last Bill Status - In Senate Committee Education 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Feb 04, 2009	referred to education

2009-S1683 (ACTIVE) - Details

See Assembly Version of this Bill:: A4543
Current Committee:: Senate Education
Law Section:: Education
Versions Introduced in 2011-2012 Legislative Session:: A5943

2009-S1683 (ACTIVE) - Summary

Provides for recovery of excess state aid payments to the Fredonia central school district through reductions in future state aid.

2009-S1683 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1683

 TITLE OF BILL :
An act in relation to state aid payments to the Fredonia central
school district


 PURPOSE :
The purpose of this legislation is to direct the State Education
Department to consider the final cost reports of capital improvement
projects of the Fredonia Central School District as valid and eligible
for certain aid.

 SUMMARY OF PROVISIONS :
Section 1: Legislative Intent.

Section 2: Legalize, validate, ratify and confirm final cost reports
and place of school district on list.

Section 3: Approves the cost of the projects.

Section 4: Repayment of aid schedule.

Section 5: Effective date.

 JUSTIFICATION :

The Fredonia Central School District, unfortunately, neglected to file
the Final Cost Reports for a building project with the Office of
Facility Planning within the established time frame. Requiring the
school district to pay back or have it not receive the anticipated
state aid for the projects would be devastating to the school
district.

This legislation would allow the Education Department to consider the
final cost reports legalized, validated, ratified and confirmed. The
legislation would allow the Education Department to recover the $1.3
million in building aid over a six year period and place the school
district on a list to recover the aid over time, once the final cost
reports are validated.

 LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPLICATIONS :
Fredonia Central School District is eligible to receive $1,318,342 of
building aid, this legislation would require the state to recover the
aid over a six year period and then place the school district on a
list for aid recovery.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1683 (ACTIVE) - Bill Text download pdf

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

                                  1683

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 4, 2009
                               ___________

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

S. 1683                             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.

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Senate Bill S1683

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

2009-S1683 (ACTIVE) - Details

2009-S1683 (ACTIVE) - Summary

2009-S1683 (ACTIVE) - Sponsor Memo

2009-S1683 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1683

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Education Committee

2009-S1683 (ACTIVE) - Details

2009-S1683 (ACTIVE) - Summary

2009-S1683 (ACTIVE) - Sponsor Memo

2009-S1683 (ACTIVE) - Bill Text download pdf

Comments