NY State Senate Bill 2017-S8471

Senate Bill S8471

2017-2018 Legislative Session

Legalizes, validates, ratifies and confirms the actions of the North Syracuse central school district regardless of the failure of such district to timely file final building cost reports

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2018	referred to education

2017-S8471 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education

2017-S8471 (ACTIVE) - Summary

Legalizes, validates, ratifies and confirms the actions of the North Syracuse central school district regardless of the failure of such district to timely file final building cost reports.

2017-S8471 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8471

SPONSOR: DEFRANCISCO
 
TITLE OF BILL:  An act to legalize, validate, ratify and confirm the
actions of the North Syracuse central school district notwithstanding
the failure to timely file final building cost reports with the educa-
tion department

 
PURPOSE OR GENERAL IDEA OF BILL:

Legalizes, validates, ratifies and confirms the actions of the North
Syracuse central school district regardless of the failure of such
district to timely file final building cost reports.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Allows the Education Department to consider the final cost
report for North Syracuse Central School as legalized, validated, rati-
fied and confirmed for approved building projects completed prior to
December 31, 2012 recognizing that the failure to submit the report in a
timely manner was an inadvertent administrative or ministerial over-

sight.

Section 2. Provides that the Commissioner of the State Education Depart-
ment shall not recover from the North Syracuse School District any
penalty arising from the late filing of a final cost report pursuant to
section 31 of part A of chapter 57 of the laws of 2012, provided that
any amounts already so recovered shall be deemed a payment for moneys
due for prior years pursuant to paragraph c of subdivision 5 of section
3604 of the education law and shall be paid to the North Syracuse
Central School District pursuant to such provision.

Section 3. Establishes the effective date.

 
JUSTIFICATION:

The North Syracuse Central School District was assessed a $31 million
penalty as a result of late final cost reports over multiple years.  The
North Syracuse Central School was informed of the penalty in 2016.  In
the 2017-18 State Budget, bill language was negotiated that allowed for
a 10-year repayment plan to help the school manage what was a tremendous
penalty for this school district. As part of the 2018-19 State Budget
language was included to reduce the remaining penalty from $29.9M to
$19.4M. This bill would forgive that penalty. Without full forgiveness
of this penalty, the students who attend North Syracuse School and the
District's taxpayers will be left holding the responsibility for admin-
istrative oversights from nearly a decade ago, the majority of which
occurred under a prior school district administration.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

$19.4 million in remaining final cost report penalty

 
EFFECTIVE DATE:
This act shall take effect immediately. r

2017-S8471 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8471
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to legalize, validate, ratify and  confirm  the  actions  of  the
   North  Syracuse central school district notwithstanding the failure to
   timely file final building cost reports with the education department

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 all  acts done and proceedings heretofore had and taken, or caused to be
 had or taken, by the North Syracuse central school district and  by  any
 of its officers or agents relating to or in connection with final build-
 ing  cost reports required to be filed with the education department for
 approved building projects completed prior to December 31, 2012, and all
 acts incidental thereto are hereby legalized,  validated,  ratified  and
 confirmed,  notwithstanding any failure to comply with the time require-
 ments for the approval and filing provisions of the education law or any
 other provision of law, rule or regulation, relating to  any  omissions,
 error,  defect,  irregularity  or illegality in such proceedings had and
 taken.
   § 2. Notwithstanding section 11 of part YYY of chapter 59 of the  laws
 of  2017,  and  section 11 of part CCC of chapter 59 of the laws of 2018
 and consistent with section one of this act, the commissioner of  educa-
 tion  shall  not recover from the North Syracuse central school district
 any penalty arising from the late filing of a final cost report pursuant
 to section 31 of part A of chapter 57 of the laws of 2012, provided that
 any amounts already so recovered shall be deemed a payment of moneys due
 for prior years pursuant to paragraph c of subdivision 5 of section 3604
 of the education law and shall be paid to  the  North  Syracuse  central
 school district pursuant to such provision.
   § 3. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15783-02-8

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