S T A T E O F N E W Y O R K
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7482--A
2011-2012 Regular Sessions
I N A S S E M B L Y
May 6, 2011
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT relating to validating actions taken by the Smithtown 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
Smithtown Central School District approved several capital improvement
projects which were designated by the State Education Department as
project numbers 7999-002, 0034-022, 0027-008 and 0023-021. In addition,
the projects were eligible for certain state aid. The legislature
further finds that due to an administrative error, required filings for
eligibility for such aid were not made by the district in a timely
manner making the district ineligible for certain aid. The legislature
further finds that without such aid, the capital improvement projects
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 and taken by the Smithtown 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 7999-002, 0034-022, 0027-008 and 0023-021, and all acts inci-
dental thereto are hereby legalized, validated, ratified and confirmed,
notwithstanding any failure to comply with the approval and filing
provisions of the education 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 nay amount due and payable to the Smithtown
Central School District for school years prior to the 2012-13 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.
LBD11448-03-1
A. 7482--A 2
S 3. The education department is hereby directed to consider the
approved costs of the aforementioned projects as valid and proper obli-
gations of the Smithtown Central School District.
S 4. Notwithstanding any provisions of law to the contrary, state aid
payments in the amount of not more than three million five hundred two
thousand one hundred fifty dollars ($3,502,150.00) made to the Smithtown
Central School District in the 2004-2005 through 2010-2011 school years,
which included excess payments of aid for which a recovery must be made
by the state through deduction of future aid 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 2011, 2012, 2013,
2014, 2015, and 2016 provided, however, there shall be no interest
penalty assessed against such district or collected by the state, and
provided further that, 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 pursuant 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 recov-
ered.
S 5. This act shall take effect immediately.