senate Bill S6144

2011-2012 Legislative Session

Authorizes the Fredonia central school district to receive state aid for certain approved capital funded projects

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2012 reported and committed to finance
Jan 05, 2012 referred to education

Votes

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Jan 10, 2012 - Education committee Vote

S6144
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S6144 - Bill Details

Current Committee:
Law Section:
Education
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2776
2009-2010: S7681A

S6144 - Bill Texts

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Authorizes the Fredonia central school district to receive state aid for certain approved capital funded projects.

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BILL NUMBER:S6144

TITLE OF BILL:
An act
to validate certain acts of the Fredonia central school district with
regard to a
certain capital improvement project

PURPOSE:

The purpose of this legislation is to authorize the Fredonia Central
School District to receive state aid for a certain approved capital
funded project.

SUMMARY OF SPECIFIC PROVISIONS:

Section One of this bill would direct that the capital improvement
project number 06-22-01-06-009-008 would, in fact, be eligible for
state aid.

Section Two of this bill would ratify and legalize acts pertinent to
the above project, and would direct that payment shall be made on
such project pursuant to the New York State Education Law.

Section Three of this bill would direct the State Education Department
to consider the approved cost as valid and proper obligations of the
Fredonia Central School District.

JUSTIFICATION:

The Fredonia Central School District, neglected to file two Final Cost
Reports for a building project with the Office of Facility Planning
of the State Education Department (SED) within the established time
frame. Requiring the school district to pay back and have anticipated
state aid withheld for the projects has been devastating to the
school district. This legislation would allow the Education
Department to consider the final cost report legalized, validated,
ratified and confirmed.

In 2008, during the work on a Final Cost Report (FCR) for some
unrelated projects, the Fredonia School Superintendent discovered
that no final cost reports had been filed with the state education
department as is required in order to receive state aid for two
projects that were done in 1998 under the previous school
administration.

Ten years after the projects were done, after becoming aware of the
error made by his predecessor, the new Superintendent immediately
contacted SED and took the necessary steps to complete and submit the
long overdue reports.

A special waiver was granted for one of the projects, but the School
District was informed that special legislation was required to
address the error for the other one, a capital improvement project
involving electrical work and asbestos.
removal for which the school district had already received $894,000
worth of state aid for.

At no time over the 9-year period since it was due did SED inform the
school district that the final cost report was not submitted by the
district, nor did they withhold any state aid at any time concerning
this project, which is what is typically done if the final cost
report is not filed on time. Only when the School District did the
right thing and report the problem as soon as it was discovered did
SED penalize them for it by retracting their state aid for the project.

For this small school district, this action has caused severe
financial distress. This bill would correct this unfair penalization
of the school as well as the taxpayers of the district who must bear
its cost.

FISCAL IMPLICATIONS:

This legislation will have no fiscal implications for the State since
the state aid has already been approved and budgeted.

PRIOR LEGISLATIVE HISTORY:

2011: S.2776, Passed Senate and Assembly, Veto NO.71.

EFFECTIVE DATE:

Immediately.

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

                                  6144

                            I N  S E N A T E

                             January 5, 2012
                               ___________

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

AN ACT to validate certain acts of the Fredonia central school  district
  with regard to a certain capital improvement project

  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 a capital improvement project
which is designated project number 06-22-01-06-009-008. In addition, the
project was eligible for certain  state  aid.  The  legislature  further
finds  that  due  to ministerial error, the required filing of the final
cost report for such project was not made by such district in  a  timely
manner  making  the district ineligible for certain aid. The legislature
further finds that without such aid,  the  capital  improvement  project
will impose an additional, unanticipated hardship on district taxpayers.
  S  2.  All  the  acts done and proceedings heretofore had and taken or
caused to be had or taken by the Fredonia central school district and by
all its officers or agents relating to or in connection with  a  certain
final  cost  report  to be filed with the state education department for
project 06-22-01-06-009-008, and all acts incidental thereto are  hereby
legalized,  validated, ratified and confirmed, notwithstanding any fail-
ure to comply with the approval and filing provisions of  the  education
law  or  any  other  law or any other statutory authority, rule or regu-
lation, 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 2011-2012 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.
  S 3. The education department  is  hereby  directed  to  consider  the
approved  cost of the aforementioned project as a valid and proper obli-
gation of the Fredonia central school district.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04188-01-1

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