senate Bill S6673

2013-2014 Legislative Session

Authorizes the commissioner of education to make a payment for the allotted balance of state aid to which the Little Falls school district is entitled

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2014 referred to education

S6673 - Bill Details

See Assembly Version of this Bill:
A9069
Current Committee:
Senate Education
Law Section:
Education, Commissioner of

S6673 - Bill Texts

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Authorizes the commissioner of education to make a payment for the allotted balance of state aid to which the city school district of the city of Little Falls is entitled for a debt service payment for school building purposes.

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BILL NUMBER:S6673

TITLE OF BILL: An act authorizing the commissioner of education to
make a payment for the allotted balance of state aid to which the city
school district of the city of Little Falls is entitled for a debt
service payment for school building purposes

PURPOSE: To ensure that the City School District of the City of Little
Falls receives all of its state aid payments due resulting from a
building project.

SUMMARY OF PROVISIONS: Section 1 sets forth the legislature's findings
and outlines the various capital projects undertaken by the school
district eligible for state aid, and details the various bonds and
payments due the district.

Section 2 authorizes the commissioner to make a payment to the
district for the balance of the state aid due the district.

Section 3 is the severability clause.

Section 4 is the effective date.

EXISTING LAW: No law directs the commissioner of education to make a
final payment to the district.

JUSTIFICATION: The City School District of the City of Little Falls
(the "district") issued $16,405,000 in serial bonds in 1997 (the
"Series 1997 bonds") to finance various capital improvements at its
elementary, middle and high schools. The district began receiving
state building aid on the debt service relating to the Series 1997
bonds in school year 1997-98. The district was advised in 2013 that it
would not be receiving its expected full final payment of state
building aid in the amount of $1,253,313 in school year 2013-14 for
the debt service coming due on the Series 1997 bonds in school year
2013-14. Instead, the district was advised by SED that only $314,740
would be paid to the district, leaving a shortfall of approximately
$939,000 and posing a severe budget challenge to this small city
school district. Upon discussion with the staff of SED, the district
was advised that the bond issue date had been "re-set" to the 1996-97
fiscal year of district. The impact of the "re-set" by SED was to have
triggered the receipt of state building aid one year earlier. SED
maintains that all payments have been made under the "reset" payment
schedule. However, a review of the district's records, including its
audited financial statements, does not disclose any state building aid
related to the Series 1997 bonds having been received by the district
in 1996-97. Failure of SED to disburse the full amount of the
anticipated state aid payment to the district in 2013-14 will pose a
significant financial hardship on the district and pressure on the
local tax levy.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: $939,000 from existing state building aid
allocation

EFFECTIVE DATE: Immediate


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

                                  6673

                            I N  S E N A T E

                            February 26, 2014
                               ___________

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

AN ACT authorizing the commissioner of education to make a  payment  for
  the allotted balance of state aid to which the city school district of
  the  city  of  Little Falls is entitled for a debt service payment for
  school building purposes

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

  Section 1. Legislative findings. The legislature hereby finds that the
city  school  district of the city of Little Falls approved five capital
building projects which were designated by the state  education  depart-
ment as project numbers 0001-005, 0001-006, 0001-007, 0008-008, 0008-09.
In  addition,  the  projects  were  eligible for certain state aid.  The
legislature further finds that the school district issued  serial  bonds
in  1997  to  finance  the  capital  building  projects. The legislature
further finds that the school district began receiving building  aid  on
the  debt  service  relating  to  the serial bonds issued in 1997 in the
1997-1998 school year. The legislature further finds  that  due  to  the
state education department's reset of the bond issue date the payment of
the building aid was to start in the 1996-1997 school year. The legisla-
ture  further  finds  that  the  state  education department reduced the
building aid to the school district for the final debt  service  payment
due  on  June  15,  2014  on  the  serial  bonds  issued in 1997 for the
2013-2014 school year by the amount of aid the school  district  was  to
receive in the 1996-1997 school year. The legislature further funds that
the  school district did not receive payment of that building aid in the
1996-1997 school year. The legislature further finds that  without  such
apportionment  of state aid, the payment by the school district in June,
2014 of the debt service payment for the serial bonds issued in 1997 for
the capital building projects will impose an  additional,  unanticipated
hardship on school district taxpayers.
  S  2. Notwithstanding the defects described in section one of this act
or the provisions of any other law to the contrary, the commissioner  of
education  is  hereby  authorized  to  make  a  payment for the allotted

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14120-01-4

S. 6673                             2

balance of state aid to which the city school district of  the  city  of
Little Falls, county of Herkimer, is entitled for the June 15, 2014 debt
service  payment in an amount equal to $939,000, representing the allot-
ted  balance  of  state  aid  relating to the June 15, 2014 debt service
payment for  the  serial  bonds  issued  in  1997  to  finance  projects
0001-005, 0001-006, 0001-007, 0008-008, 0008-009 pursuant to paragraph a
of subdivision 5 of section 3604 of the education law.
  S  3. If any clause, sentence, subdivision, paragraph, section or part
of this act be adjudged by any court of competent  jurisdiction,  to  be
invalid,  such  judgment  shall  not  affect,  impair  or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, subdivision,  paragraph,  section  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 4. This act shall take effect immediately.

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