Relates to state aid for certain capital improvement projects in the Dundee central school district.
Ayes (22): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Monserrate, Skelos, Padavan, Volker, Farley, LaValle, Seward, Hannon, Larkin, Saland
Nays (1): Parker
Excused (1): Johnson O
BILL NUMBER: S4126
TITLE OF BILL : An act in relation to capital improvement projects in the Dundee central school district
PURPOSE : To allow the Dundee Central School District to be eligible for school building aid that would have otherwise have been available to the district had the district filed a timely final cost report.
SUMMARY OF PROVISIONS : Section 1: Legislative findings which state the necessity of providing anticipated capital construction aid for projects 680801-0004-07 and 680801-4002-003 to the Dundee school district. Section 2: Ratifies the acts of the Dundee Central school district in attempting to comply with cost report filing deadlines for the 2009-2010 fiscal year. Section 3: Directs the education department to consider the school district's approved costs as valid and proper. Section 4: Provides that the act shall take effect immediately.
JUSTIFICATION : Without payment of this aid, the capital improvement projects undertaken by the Dundee Central School District will impose additional, unanticipated hardship on district taxpayers. This bill will allow for a lessor impact upon district taxpayers and assure that anticipated revenue is eventually made available to the district.
LEGISLATIVE HISTORY : 2008: S.8666- Passed Senate/A.11727 - Education Committee
FISCAL IMPLICATIONS : None.
LOCAL FISCAL IMPLICATIONS : Taxpayers in the Dundee Central school district would be subject to a minimum 21% increase in their tax levy without this legislation.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 4126 A. 7506 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y April 14, 2009 ___________IN SENATE -- Introduced by Sen. WINNER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Education IN ASSEMBLY -- Introduced by M. of A. BACALLES -- read once and referred to the Committee on Education AN ACT in relation to capital improvement projects in the Dundee 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 Dundee central school district approved several capital improvement projects which were designated by the department of education as project numbers 680801-0004-007 and 680801-4002-003. 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 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 Dundee 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 department of education for projects 680801-0004-007 and 680801-4002-003, 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 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 any amount due and payable to the Dundee central school district for school years prior to the two thousand nine-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11075-01-9 S. 4126 2 A. 7506
-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. S 3. The department of education is hereby directed to consider the approved costs of the aforementioned projects as valid and proper obli- gations of the Dundee central school district. S 4. This act shall take effect immediately.