NY State Senate Bill 2015-S4407

Senate Bill S4407

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2016	referred to education delivered to assembly passed senate
Jun 06, 2016	ordered to third reading cal.1438 committee discharged and committed to rules
Jan 06, 2016	referred to education
Mar 19, 2015	referred to education

Votes

- Jun 8, 2016 - Floor Vote
  S4407
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Diaz
      
      Espaillat
      
      Panepinto
  Jun 6, 2016 - Rules Committee Vote
  S4407
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Perkins
      
      excused (1)
      
      Parker

2015-S4407 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education
Versions Introduced in Other Legislative Sessions:: 2017-2018: S550
2019-2020: S1018, S5469, S5649
2021-2022: S738
2023-2024: S4516

2015-S4407 (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.

2015-S4407 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4407

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 has 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 538 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:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4407 (ACTIVE) - Bill Text download pdf

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

                                  4407

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

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.
  S 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
provisions of paragraph c of subdivision 5 of section 3604 of the educa-
tion law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08921-01-5

S. 4407                             2

  S 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.
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.