New York State Assembly

 
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A09922 Summary:

A09922 Actions:

A09922 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

A09922 Floor Votes:

A09922 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9922
 
                   IN ASSEMBLY
 
                                    February 27, 2020
                                       ___________
 
        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Education
 
        AN  ACT in relation to authorizing the Liverpool central school district
          to receive state aid for certain approved capital funded projects
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative intent. The legislature hereby finds that the
     2  Liverpool central school district approved capital improvement  projects
     3  which  were  designated  by  the  state  education department as project
     4  number  0001-003,  0001-005,  0002-007,  0003-003,  0003-005,  0004-005,
     5  0005-006,  0007-003,  0009-004,  0009-006, 0010-005, 0010-007, 0012-003,
     6  0014-005, 0015-003, 0016-007, 0016-010,  0016-011,  0018-008,  0018-010,
     7  0019-007,  0024-004,  4011-001, 5008-002. In addition, the projects were
     8  eligible for certain state aid. The legislature further finds  that  due
     9  to ministerial error, a required filing for eligibility for such aid was
    10  not made by the district in a timely manner making the district ineligi-
    11  ble  for  certain  aid.  The legislature further finds that without such
    12  aid, the capital improvement projects will impose an  additional,  unan-
    13  ticipated hardship on district taxpayers.
    14    §  2.  All  the  acts done and proceedings heretofore had and taken or
    15  caused to be had and taken by the Liverpool central school district  and
    16  by  all its officers or agents relating to or in connection with certain
    17  final cost reports to be filed with the state education  department  for
    18  projects  0001-003,  0001-005,  0002-007,  0003-003, 0003-005, 0004-005,
    19  0005-006, 0007-003, 0009-004, 0009-006,  0010-005,  0010-007,  0012-003,
    20  0014-005,  0015-003,  0016-007,  0016-010, 0016-011, 0018-008, 0018-010,
    21  0019-007, 0024-004, 4011-001, 5008-002, and all acts incidental  thereto
    22  are hereby legalized, validated, ratified and confirmed, notwithstanding
    23  any  failure  to  comply  with the approval and filing provisions of the
    24  education law or any other law or any other statutory authority, rule or
    25  regulation, in relation to any omissions, error, defect, irregularity or
    26  illegality in such proceedings had and taken.
    27    § 3. Notwithstanding section 24-a of part A of chapter 57 of the  laws
    28  of  2013,  and consistent with section two of this act, the commissioner
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10774-04-0
        A. 9922                             2
 
     1  of education  shall  not  recover  from  the  Liverpool  central  school
     2  district any penalty arising from the late filing of a final cost report
     3  pursuant  to  section  31  of  part A of chapter 57 of the laws of 2012,
     4  provided that any amounts already so recovered shall be deemed a payment
     5  of  moneys  due for prior years pursuant to paragraph c of subdivision 5
     6  of section 3604 of the education law and shall be paid to the  Liverpool
     7  central  school  district pursuant to such provision, provided that such
     8  school district:
     9    (a) submitted the late or missing final building cost  report  to  the
    10  commissioner of education;
    11    (b) such cost report is approved by the commissioner of education;
    12    (c)  all state funds expended by the school district, as documented in
    13  such cost report, were properly expended for such  building  project  in
    14  accordance with the terms and conditions for such project as approved by
    15  the commissioner of education; and
    16    (d)  the failure to submit such report in a timely manner was an inad-
    17  vertent administrative or ministerial oversight by the school  district,
    18  and  there  is no evidence of any fraudulent or other improper intent by
    19  such district.
    20    § 4. The department of education is hereby directed  to  consider  the
    21  approved costs of the projects set forth in this act as valid and proper
    22  obligations of the Liverpool central school district.
    23    § 5. This act shall take effect immediately.