NY State Senate Bill 2017-S8178

Senate Bill S8178

Vetoed By Governor

2017-2018 Legislative Session

Relates to validating certain acts by the Roscoe central school district in connection with final building cost reports required to be filed with the education department

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
Dec 28, 2018	vetoed memo.369
Dec 18, 2018	delivered to governor
Jun 19, 2018	returned to senate passed assembly ordered to third reading rules cal.358 substituted for a10454
Jun 07, 2018	referred to ways and means delivered to assembly passed senate
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1461
Apr 16, 2018	referred to education

Votes

- Jun 7, 2018 - Floor Vote
  S8178
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Amedore
      
      Croci
  May 31, 2018 - Education Committee Vote
  S8178
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 31, 2018
      
      aye (17)
      
      Avella
      
      Breslin
      
      Brooks
      
      Gallivan
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Mayer
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      absent (1)
      
      Montgomery
      
      excused (1)
      
      Croci

2017-S8178 (ACTIVE) - Details

See Assembly Version of this Bill:: A10454
Law Section:: Education
Versions Introduced in 2019-2020 Legislative Session:: S2611, A3666

2017-S8178 (ACTIVE) - Summary

Validates certain acts by the Roscoe central school district in connection with final building cost reports required to be filed with the education department.

2017-S8178 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8178

SPONSOR: BONACIC
 
TITLE OF BILL:

An act relating to validating certain acts by the Roscoe central school
district relating to final building cost reports required to be filed
with the education department

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Allows the Education Department to consider the final cost
reports for Roscoe Central School as legalized, validated, ratified and
confirmed for approved building projects completed prior to December 31,
2017 recognizing that the failure to submit the report in a timely
manner was an inadvertent administrative or ministerial oversight.

Section 2: Provides that the Commissioner of the State Education Depart-
ment shall not recover from the Roscoe 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 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 Roscoe Central School
District pursuant to such provision.

Section 3: Effective date.

 
JUSTIFICATION:

The Roscoe Central School District had two school building projects
which had problems serious enough to require litigation between the
school district, general contractor, and the general contractor's surety
as well as the project architect and engineers. This led to significant
delays in the completion of the project and receipt of the certificate
of substantial completion. The school district sought, and successfully
received, several extensions on filing the final cost reports for these
projects. Unfortunately, there is no record at the New York State Educa-
tion Department of the school district seeking or receiving a final
necessary extension to file the final cost reports for these projects.
As such the New York State Education Department has deemed the final
cost reports as not being timely filed and has assessed the Roscoe
Central School District a $1.4 million penalty.

Without full forgiveness of this penalty, the 238 students who attend
Roscoe Central School and the district's taxpayers will be left holding
the bag for a ministerial error made by a school district fighting ongo-
ing legal battles over the project.

With our small, rural schools already facing the heavy burdens of limit-
ed state aid, tax revenues and loss of enrollment and tax base, Roscoe
Central School faces particularly significant cash flow problems that
threaten its very operations if not addressed.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

$1.4 million final cost report penalty which will be forgiven.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8178 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8178
 
                             I N  S E N A T E
 
                              April 16, 2018
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT relating to validating certain acts by the Roscoe central  school
   district  relating to final building cost reports required to be filed
   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 Roscoe 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,  2017,  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 Roscoe 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 Roscoe central school
 district pursuant to such provision, provided that such school district:
   (a) submitted the late or missing final building cost  report  to  the
 commissioner of education;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15164-01-8

 S. 8178                             2
 
 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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