senate Bill S4935

Vetoed Amended

Authorizes the Babylon union free school district to receive state aid for a certain approved capital funded project

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 02 / May / 2011
    • REFERRED TO EDUCATION
  • 02 / Jun / 2011
    • 1ST REPORT CAL.931
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • AMENDED ON THIRD READING 4935A
  • 16 / Jun / 2011
    • AMENDED ON THIRD READING 4935B
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 22 / Jun / 2011
    • SUBSTITUTED FOR A7995B
  • 22 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.578
  • 22 / Jun / 2011
    • PASSED ASSEMBLY
  • 22 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2011
    • VETOED MEMO.77

Summary

Authorizes the Babylon union free school district to receive state aid for a certain approved capital funded project.

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Bill Details

Versions:
S4935
S4935A
S4935B
Legislative Cycle:
2011-2012
Law Section:
Education

Sponsor Memo

BILL NUMBER:S4935

TITLE OF BILL:
An act
to validate certain acts of the Babylon union free school district with
regard to a
certain capital improvement project

PURPOSE:
This bill authorizes the Babylon union free school district to receive
state aid for a certain approved capital funded project.

SUMMARY OF PROVISIONS:
Section 1 of the bill provides for the legislative intent.

Section 2 legalizes the Babylon UFSD's application for a prior
approved capital project notwithstanding the district's failure to
timely file its final cost report for the completed project. This
section further authorizes that any amounts due and payable to the
district be paid.

JUSTIFICATION:
The Babylon UFSD completed and paid for a capital project at the
Babylon Junior and Senior High School totaling $252,357. The Project
was approved in advance by the New York State Department of Education
and was assigned a contract number. However, due to an administrative
oversight by the Babylon UFSD, the Final Cost Report for the Project
was submitted to the State Education Department after the required
filing date. The final amount due to the Babylon UFSD as referenced
in its Final Cost Report for the Project was approximately $90,000;
all other monies had been paid under the contract.

Due to the District's failure to file the Report on time, the State
Education Department determined that the school district would not
only lose its rights to the remaining $90,000 due on the contract,
but that the District would also be obligated to pay back all of the
capital monies it received in connection with the Project. The
District will lose $252,357 because of a mere paperwork oversight.
The purpose of this bill is to avoid such a draconian penalty because
of an administrative mistake and make the Babylon UFSD whole.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None. These monies were already set aside by NYSED for the school
district.

LOCAL FISCAL IMPLICATIONS:
Savings to the Babylon UFSD of $257,357.

EFFECTIVE DATE:
This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4935

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to validate  certain  acts  of  the  Babylon  union  free  school
  district with regard to a certain capital improvement project

  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
Babylon  union  free  school  district  approved  a  capital improvement
project which is designated project number  001-010.  In  addition,  the
project  was  eligible  for  certain  state aid. The legislature further
finds that due to ministerial error, the required filing  of  the  final
cost  report  for such project was not made by such district in a timely
manner making the district ineligible for certain aid.  The  legislature
further  finds  that  without  such aid, the capital improvement project
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 or taken by the Babylon union free school district and
by all its officers or agents  relating  to  or  in  connection  with  a
certain  final  cost report to be filed with the state education depart-
ment for project 001-010, and all acts  incidental  thereto  are  hereby
legalized,  validated, ratified and confirmed, notwithstanding any fail-
ure to comply with the approval and filing provisions of  the  education
law  or  any  other  law or any other statutory authority, rule or regu-
lation, 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 Babylon union free school district for
school years prior to the 2011-2012 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11206-01-1

S. 4935                             2

  S  3.  The  education  department  is  hereby directed to consider the
approved cost of the aforementioned project as a valid and proper  obli-
gation of the Babylon union free school district.
  S 4. This act shall take effect immediately.

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