NY State Senate Bill 2019-S4333

Senate Bill S4333

Vetoed By Governor

2019-2020 Legislative Session

Legalizes, validates, ratifies and confirms the actions of the Monticello 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 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2019	vetoed memo.131
Oct 28, 2019	delivered to governor
Jun 04, 2019	returned to senate passed assembly ordered to third reading cal.529 substituted for a6331
May 15, 2019	referred to education delivered to assembly passed senate
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.609
Apr 09, 2019	reported and committed to finance
Mar 07, 2019	referred to education

Votes

- May 15, 2019 - Floor Vote
  S4333
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 15, 2019
      
      aye (57)
      
      Addabbo Jr.
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Akshar
      
      excused (4)
      
      Funke
      
      Griffo
      
      Harckham
      
      Sanders Jr.
  May 7, 2019 - Finance Committee Vote
  S4333
  
  22
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 7, 2019
      
      aye (22)
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Montgomery
      
      Parker
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (1)
      
      Ranzenhofer
  Apr 9, 2019 - Education Committee Vote
  S4333
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Apr 9, 2019
      
      aye (14)
      
      Addabbo Jr.
      
      Brooks
      
      Jackson
      
      LaValle
      
      Little
      
      Liu
      
      Martinez
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Robach
      
      Serrano
      
      Seward
      
      Stavisky
      
      aye wr (1)
      
      Lanza

2019-S4333 (ACTIVE) - Details

See Assembly Version of this Bill:: A6331
Law Section:: Education
Versions Introduced in 2021-2022 Legislative Session:: A6289

2019-S4333 (ACTIVE) - Summary

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

2019-S4333 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4333

SPONSOR: METZGER
 
TITLE OF BILL:  An act to legalize, validate, ratify and confirm the
actions of the Monticello central school district notwithstanding the
failure to timely file final building cost reports with the education
department

 
PURPOSE:

Authorizes payment of building aid for certain approved building
projects of the Monticello Central School District

 
SUMMARY OF PROVISIONS:

Section 1: Allows the Education Department to consider the final cost
reports for Monticello Central School District as legalized, validated,
ratified and confirmed for approved building projects completed prior to
December 31, 201 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 Monticello 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 20 12, provided that
any amounts already so recovered shall be deemed a payment for money due
for prior years pursuant to paragraph c of subdivision 5 of section 3604
of the education law and shall be paid to the Monticello Central School
District pursuant to such provision.

Section 3: Effective date.

 
JUSTIFICATION:

The Monticello Central School District had 11 projects between 2003 and
2007 with Final Cost Reports due between 2006 and 2011. In 2012, the
then-superintendent filed the appropriate paperwork for unfiled Final
Cost Reports by the 12/31/12 deadline for amnesty set by NYSED.  As
such, New York State Education Department deemed the Final Cost Reports
as not being timely filed and assessed the Monticello Central School
District a $1.9 million "reduced" penalty. Without full forgiveness of
this penalty, the students who attend Monticello Central Schools, and
the District's taxpayers, will be paying the price for errors occurring
some 8-12 years ago.

Monticello has a high-needs population in a rural setting. It already
faces the heavy burdens of limited state aid and tax revenues, lower
enrollment, and a diminished tax base. The district's children do not
deserve to have a clerical error negatively impact their educational
programming.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

$1.9 million
 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4333 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4333
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- 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
   Monticello  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 Monticello central school district and by any of its
 officers or agents relating to or in connection with final building 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 24-a of part A of chapter 57 of the  laws
 of  2013,  and consistent with section one of this act, the commissioner
 shall not recover from the Monticello central school district any penal-
 ty arising from the late filing of a final cost report for  an  approved
 capital  construction  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  Monticello central school district pursuant to such para-
 graph, provided that such school district:
   (a) submitted the late or missing final building cost  report  to  the
 commissioner of education;

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

                                                            LBD09895-01-9

 S. 4333                             2
 
   (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 report, were properly expended for such  building  project  in
 accordance with the terms and conditions for such project as approved by
 the commissioner of education; and
   (d)  the failure to submit such report 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.
   § 3. This act shall take effect immediately.

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