New York State Assembly

 
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A09802 Summary:

A09802 Actions:

A09802 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/09/2020AYE/NAY:31/1  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Excused
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Montesano
Nay
Pretlow
Aye
Blankenbush
Excused
Perry
Aye
Palmesano
Aye
Colton
Aye
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Aubry
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye
Joyner
Aye

Committee:RULES   Chair:Heastie      
DATE:06/09/2020AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Excused
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Malliotakis
Aye
Ortiz
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A09802 Floor Votes:

A09802 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9802--A
 
                   IN ASSEMBLY
 
                                    February 13, 2020
                                       ___________
 
        Introduced by M. of A. JAFFEE -- 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 certain acts by the Pearl River union free
          school district relating to final building cost reports required to be
          filed with the state education department

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any other provision of law to the contrary,
     2  all  acts done and proceedings heretofore had and taken, or caused to be
     3  had or taken, by the Pearl River union free school district and  by  any
     4  of its officers or agents relating to or in connection with final build-
     5  ing  cost  reports required to be filed with the state education depart-
     6  ment for approved building projects  completed  prior  to  December  31,
     7  2017,  and  all acts incidental thereto are hereby legalized, validated,
     8  ratified and confirmed, notwithstanding any failure to comply  with  the
     9  time  requirements  for the approval and filing provisions of the educa-
    10  tion law or any other provision of law, rule or regulation, relating  to
    11  any  omissions,  error,  defect,  irregularity  or  illegality  in  such
    12  proceedings had and taken.
    13    § 2. Notwithstanding section 24-a of part A of chapter 57 of the  laws
    14  of  2013,  and consistent with section one of this act, the commissioner
    15  of education shall not recover from the Pearl River  union  free  school
    16  district any penalty arising from the late filing of a final cost report
    17  pursuant  to  section  31  of  part A of chapter 57 of the laws of 2012,
    18  provided that any amounts already so recovered shall be deemed a payment
    19  of moneys due for prior years pursuant to paragraph c of  subdivision  5
    20  of  section  3604  of  the  education law and shall be paid to the Pearl
    21  River union free school district pursuant to  such  provision,  provided
    22  that such school district:
    23    (a)  submitted  the  late or missing final building cost report to the
    24  commissioner of education;
    25    (b) such cost report is approved by the commissioner of education;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14922-02-0
        A. 9802--A                          2
 
     1    (c) all state funds expended by the school district, as documented  in
     2  such  cost  report,  were properly expended for such building project in
     3  accordance with the terms and conditions for such project as approved by
     4  the commissioner of education; and
     5    (d)  the failure to submit such report in a timely manner was an inad-
     6  vertent administrative or ministerial oversight by the school  district,
     7  and  there  is no evidence of any fraudulent or other improper intent by
     8  such district.
     9    § 3. This act shall take effect immediately.