senate Bill S6146

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
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2012
    • REFERRED TO EDUCATION
  • 10 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE

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

See Assembly Version of this Bill:
A8983
Versions:
S6146
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Education
Versions Introduced in 2011-2012 Legislative Cycle:
S4935B, A7995B

Sponsor Memo

BILL NUMBER:S6146

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 SPECIFIC 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.

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.

PRIOR LEGISLATIVE HISTORY:
2011: S.4935B- Veto Memo #77

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
________________________________________________________________________

                                  6146

                            I N  S E N A T E

                             January 5, 2012
                               ___________

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 0001-010.  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 0001-010, 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11206-06-2

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