Section 99-B. Withholding of state aid for school purposes upon default in payment of obligations of the prospective recipient  


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  • Whenever  a  city,
      city  school  district  or  school  district, as such terms are used and
      defined in the education law, or the public benefit corporation to which
      the  city  of  New  York  has  assigned  payments  pursuant  to  section
      twenty-seven hundred ninety-nine-tt of the public authorities law, shall
      default in the payment of the principal of its bonds or notes issued for
      school purposes or the payment of the interest on such bonds or notes or
      in  the  payment  of both the principal of and interest on such bonds or
      notes, the  allotment,  apportionment  and  payment  of  state  aid  and
      assistance  pursuant  to the education law, or pursuant to any other law
      hereinafter enacted providing for state aid and assistance in lieu of or
      substitution  for  the  state  aid  and  assistance  presently  provided
      pursuant to the education law, to any such city, city school district or
      school  district,  or  to the city of New York or its school district in
      the case of a default by  such  public  benefit  corporation,  shall  be
      withheld  by  the  state upon the following terms and conditions. In the
      event a holder or owner of any such bond or note  shall  file  with  the
      state  comptroller a verified statement describing such bond or note and
      alleging default in the payment thereof or the interest thereon or  both
      such  principal  and  interest,  it  shall  be  the  duty  of  the state
      comptroller to immediately investigate the circumstances of the  alleged
      default  and  prepare and file in his office a certificate setting forth
      his determinations with respect thereto and to serve a copy  thereof  by
      registered  mail  upon the chief fiscal officer, as such term is defined
      in the local finance law, of the city, city school district,  or  school
      district  which  issued such bond or note, or in the case of such public
      benefit corporation, upon the comptroller of the city of New  York,  the
      chancellor of the school district of the city of New York, and the chief
      fiscal officer of such public benefit corporation.
        Such  investigation  by  the state comptroller shall cover the current
      status with respect to the payment of principal of and interest  on  all
      such  outstanding  bonds  and  notes of such city, city school district,
      school  district,  or  public  benefit  corporation  and  the  statement
      prepared  and  filed  by the state comptroller pursuant to the foregoing
      provision shall set forth a description of all such bonds and  notes  of
      such  city,  city  school  district  school  district, or public benefit
      corporation found to be in default  and  the  amount  of  principal  and
      interest thereon past due.
        Upon  the  filing  of  such  a  certificate in the office of the state
      comptroller, the state comptroller shall thereafter deduct and  withhold
      from  the  next  succeeding  allotment, apportionment or payment of such
      state aid or assistance due such city, city school  district  or  school
      district, or due the city of New York or its school district in the case
      of  a default by such public benefit corporation, such amount thereof as
      may be required to pay the principal of and interest on such  bonds  and
      notes  of  such  city,  city school district, school district, or public
      benefit corporation then in default. In the  event  such  state  aid  or
      assistance initially so withheld shall be insufficient to pay all of the
      principal  of  and  interest  on  such bonds or notes of such city, city
      school district school district, or public  benefit  corporation  so  in
      default,  the state comptroller shall similarly deduct and withhold from
      each succeeding allotment, apportionment or payment of such state aid or
      assistance due such city, city school district, or school  district,  or
      due the city of New York or its school district in the case of a default
      by  such  public  benefit corporation, such amount or amounts thereof as
      may be required to pay all of the principal  of  and  interest  on  such
      bonds  and  notes  then in default and to cure such default. Allotments,
    
      apportionments and payments of such state aid so deducted or withheld by
      the state comptroller shall be forwarded promptly to the paying agent or
      agents for the bonds and notes in default  of  such  city,  city  school
      district  school  district,  or  public benefit corporation for the sole
      purpose of the payment of defaulted principal of and  interest  on  such
      bonds or notes; provided, however, that in the event any such allotment,
      apportionment or payment of such state aid so deducted or withheld shall
      be less than the total amount of all principal and interest on the bonds
      and  notes  in default with respect to which the same was so deducted or
      withheld, then the state comptroller shall forward to each paying  agent
      an  amount  in the proportion that the amount of such bonds and notes in
      default payable to such paying agent bears to the total  amount  of  the
      principal  of  and  interest  then in default on such bonds and notes of
      such city, city school district,  school  district,  or  public  benefit
      corporation.  The  state  comptroller  shall  promptly  notify the chief
      fiscal officer of such city, city school district or school district, or
      in the case of such public benefit corporation, the comptroller  of  the
      city  of  New York, the chancellor of the school district of the city of
      New  York,  and  the  chief  fiscal  officer  of  such  public   benefit
      corporation,  of  any  payment  or  payments made to any paying agent or
      paying agents of defaulted bonds or notes pursuant to this provision.
        The state of New York hereby covenants with the purchasers and holders
      and owners from time to time of bonds and notes issued by  cities,  city
      school districts, school districts, and such public benefit corporations
      for  school  purposes  that  it  will  not repeal, revoke or rescind the
      provisions of this section or amend or modify the same so as  to  limit,
      impair  or  impede  the  rights  and  remedies granted hereby; provided,
      however, that nothing herein contained shall be deemed or  construed  as
      requiring  the  state to continue the payment of state aid or assistance
      to any city, city school district or school district or as  limiting  or
      prohibiting  the  state from repealing or amending any law heretofore or
      hereafter enacted relating to state aid or assistance,  the  manner  and
      time of payment or apportionment thereof, or the amount thereof.