NY State Senate Bill 2017-S8469

Senate Bill S8469

2017-2018 Legislative Session

Legalizes, validates, ratifies and confirms the actions of the Huntington union free 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 Rules 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
Jun 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1464
May 08, 2018	referred to education

Votes

- May 31, 2018 - Education Committee Vote
  S8469
  
  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-S8469 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2976, S7038
2021-2022: S963

2017-S8469 (ACTIVE) - Summary

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

2017-S8469 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8469

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

 
PURPOSE:

Legalizes, validates, ratifies and confirms the actions of the Hunting-
ton Union Free School District regardless of the failure of the State
Education Department (SED) to locate final the building cost reports
that had been timely filed.

 
SUMMARY OF PROVISIONS:

Section 1. Allows the Education Department to consider the final cost
report for Huntington Union Free School District as legalized, vali-
dated, ratified and confirmed for approved building projects completed
prior to December 31, 2011, recognizing that the failure to file the

report in a timely manner was an inadvertent administrative or minister-
ial oversight by SED.

Section 2. Provides that the Commissioner of the State Education Depart-
ment shall not recover from the Huntington Union Free 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 Huntington Union Free
School District pursuant to such provision.

Section 3. Establishes that the act shall take effect immediately.

 
JUSTIFICATION:

The Huntington Union Free School District submitted three final cost
report packages in 2011 all on the same date. The State Education
Department confirmed that two of the three packages were received. In
the meantime, the school district had a number of staff turnovers,
including the Assistant Superintendent for Business, and the senior
accountant. In 2013, the school district noticed that a number of cost
reports did not show up as being filed. The Facilities Planning staff
told the District they were having difficulty with lost reports. The DOE
Facilities Planning staff eventually located a number of these reports,
or the District was able to show they had been mailed.

 
LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8469 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8469
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- 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
   Huntington  union  free 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 Huntington union free 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, 2011, 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
 of education shall not recover from the  Huntington  union  free  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 Huntington
 union  free  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.
                                                            LBD15771-01-8

 S. 8469                             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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