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S05794 Summary:

S05794 Actions:

S05794 Committee Votes:

S05794 Floor Votes:

S05794 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5794--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2019
                                       ___________
 
        Introduced  by  Sens.  MAY, ANTONACCI -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10774-03-9
        S. 5794--A                          2
 
     1  education law or any other law or any other statutory authority, rule or
     2  regulation, in relation to any omissions, error, defect, irregularity or
     3  illegality in such proceedings had and taken.
     4    §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
     5  of 2013, and consistent with section two of this act,  the  commissioner
     6  of  education  shall  not  recover  from  the  Liverpool  central school
     7  district any penalty arising from the late filing of a final cost report
     8  pursuant to section 31 of part A of chapter 57  of  the  laws  of  2012,
     9  provided that any amounts already so recovered shall be deemed a payment
    10  of  moneys  due for prior years pursuant to paragraph c of subdivision 5
    11  of section 3604 of the education law and shall be paid to the  Liverpool
    12  central  school  district pursuant to such provision, provided that such
    13  school district:
    14    (a) submitted the late or missing final building cost  report  to  the
    15  commissioner of education;
    16    (b) such cost report is approved by the commissioner of education;
    17    (c)  all state funds expended by the school district, as documented in
    18  such cost report, were properly expended for such  building  project  in
    19  accordance with the terms and conditions for such project as approved by
    20  the commissioner of education; and
    21    (d)  the failure to submit such report in a timely manner was an inad-
    22  vertent administrative or ministerial oversight by the school  district,
    23  and  there  is no evidence of any fraudulent or other improper intent by
    24  such district.
    25    § 4. The department of education is hereby directed  to  consider  the
    26  approved costs of the projects set forth in this act as valid and proper
    27  obligations of the Liverpool central school district.
    28    § 5. This act shall take effect immediately.