NY State Senate Bill S550

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2018	referred to education delivered to assembly passed senate ordered to third reading cal.1525 committee discharged and committed to rules
May 31, 2018	reported and committed to finance
Jan 03, 2018	referred to education returned to senate died in assembly
Jun 15, 2017	referred to education delivered to assembly passed senate
Jun 14, 2017	ordered to third reading cal.1589
Jun 06, 2017	reported and committed to rules
May 23, 2017	reported and committed to finance
Jan 04, 2017	referred to education

Votes

view votes

Jun 6, 2018 - floor Vote

S550

floor

Aye

Nay

Absent

Excused

Abstained

Jun 6, 2018 - Rules committee Vote

S550

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 31, 2018 - Education committee Vote

S550

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 15, 2017 - floor Vote

S550

floor

Aye

Nay

Absent

Excused

Abstained

Jun 14, 2017 - Rules committee Vote

S550

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 6, 2017 - Finance committee Vote

S550

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 23, 2017 - Education committee Vote

S550

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S550 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4407
2019-2020: S1018, S5469, S5649
2021-2022: S738

S550 (ACTIVE) - Summary

Validates certain acts of the Mount Morris central school district with regard to two capital improvement projects and provides for payment of state aid for such projects.

S550 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S550

 TITLE OF BILL :  An act to validate certain acts of the Mount Morris
central school district with regard to certain capital improvement
projects

 PURPOSE :

Validates certain acts of the Mount Morris central school district
with regard to two capital improvement projects and provides for
payment of state aid for such projects.

 SUMMARY OF PROVISIONS :

Section 1. Finds that two capital improvement projects of the Mount
Morris Central School District designated as project numbers 0001-005
and 0001-006 are approved and eligible for State aid.

Section 2. Finds that all acts taken by Mount Morris Central School
District and its agents in relation to final cost reports are
legalized, validated, ratified, and confirmed, notwithstanding any
failure to comply with other required provisions, laws, or
regulations. Any amount due and payable to the Mount Morris Central
School District for school years prior to the 2014-15 school year
shall be paid pursuant to the provisions of paragraph c of subdivision
5 of section 3604 of the Education Law.

Section 3. Directs the Education Department to consider the approved
costs of the projects as valid and proper if final project cost
reports were submitted to the Department of Education by December 31,
2012; the final project cost reports are approved by the Commissioner;
and all State funds expended by the school and documented in the final
cost reports were properly spent; and the late submission of the final
cost reports were the result of an inadvertent administrative or
ministerial oversight by the school district without any fraudulent or
improper intent.

Section 4. Provides that this act shall take effect immediately.

 JUSTIFICATION :

A delay in the filing of final cost reports related to two capital
improvement projects have resulted in a penalty to the school in the
amount of $2,457,364. This sum is composed of an assessed take-back on
already paid State aid and a penalty going forward for the remainder
of the life of the school's bonding agreement. An additional bond
percentage adjustment to a lower 79.432% has resulted in the loss of a
further $1,417,318 that this bill is not seeking to recover. The loss
resulting from these take-backs and the bond percentage adjustment
demonstrate the substantial burden to the school and its local
taxpayers. These unforeseen and unanticipated expenses account for 28
percent of the school district's entire annual budget.

Local taxpayers should not be burdened with the significant undue
expense as a result of this filing error committed several years ago.
Today's Mount Morris residents and the 548 students who attend Mount
Morris Central School should not be so severely penalized due to the
series of oversights that occurred over the course of several years
many years ago by individuals no longer even associated with the
district.

This bill would ensure that any amount due and payable to the Mount
Morris Central School District for previous years shall be paid.

 LEGISLATIVE HISTORY :

2015: S.4407 Referred to Education
2016: S.4407 Passed Senate

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

S550 (ACTIVE) - Bill Text download pdf


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

                                   550

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

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

AN ACT to validate certain acts  of  the  Mount  Morris  central  school
  district with regard to certain capital improvement projects

  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
Mount  Morris  central  school district approved two capital improvement
projects which are designated as project number 0001-005 and as  project
number  0001-006.  In  addition,  the projects were eligible for certain
state aid. The legislature further finds that due to ministerial  error,
the required filing of the final cost reports for such projects were 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  projects  will impose an additional, unantic-
ipated hardship on district taxpayers.
  § 2. All the acts done and proceedings heretofore  had  and  taken  or
caused  to  be  had or taken by the Mount Morris central 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 number 0001-005 and project number  0001-006,  and  all
acts  incidental  thereto  are hereby legalized, validated, ratified and
confirmed, notwithstanding any failure to comply with the  approval  and
filing  provisions  of  the  education law or any other law or any other
statutory authority, rule or regulation, 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 Mount
Morris central school district for school years prior to  the  2014-2015
school  year  as  a  result  of  this  act shall be paid pursuant to the

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

                                                           LBD06204-01-7

S. 550                              2

provisions of paragraph c of subdivision 5 of section 3604 of the educa-
tion law.
  §  3.  The  education  department  is  hereby directed to consider the
approved costs of the aforementioned projects as valid and proper  obli-
gations  of  the Mount Morris central school district provided that such
school district:
  (a) submitted the late or missing final project cost  reports  to  the
commissioner of education on or before December 31, 2012;
  (b) such cost report is approved by the commissioner of education;
  (c)  all state funds expended by the school district, as documented in
such cost reports, were properly expended for such capital  projects  in
accordance  with  the terms and conditions for such projects as approved
by the commissioner of education; and
  (d) the failure to submit such reports in a timely manner was an inad-
vertent administrative or ministerial oversight by the school  district,
and  there  is no evidence of any fraudulent or other improper intent by
such district.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S550

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2018 - floor Vote

Floor Vote: Jun 6, 2018

Jun 6, 2018 - Rules committee Vote

Rules Committee Vote: Jun 6, 2018

May 31, 2018 - Education committee Vote

Education Committee Vote: May 31, 2018

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Jun 6, 2017 - Finance committee Vote

Finance Committee Vote: Jun 6, 2017

May 23, 2017 - Education committee Vote

Education Committee Vote: May 23, 2017

S550 (ACTIVE) - Details

S550 (ACTIVE) - Summary

S550 (ACTIVE) - Sponsor Memo

S550 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S550

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Sponsored By

Catharine Young

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2018 - floor Vote

Floor Vote: Jun 6, 2018

Jun 6, 2018 - Rules committee Vote

Rules Committee Vote: Jun 6, 2018

May 31, 2018 - Education committee Vote

Education Committee Vote: May 31, 2018

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Jun 6, 2017 - Finance committee Vote

Finance Committee Vote: Jun 6, 2017

May 23, 2017 - Education committee Vote

Education Committee Vote: May 23, 2017

S550 (ACTIVE) - Details

S550 (ACTIVE) - Summary

S550 (ACTIVE) - Sponsor Memo

S550 (ACTIVE) - Bill Text download pdf

Comments