NY State Senate Bill 2021-S7741

Senate Bill S7741

2021-2022 Legislative Session

Relates to validating certain acts by the Pearl River union free school district in connection with final building cost reports required to be filed with the state education department

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2022	referred to education

2021-S7741 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education
Versions Introduced in 2019-2020 Legislative Session:: S8530

2021-S7741 (ACTIVE) - Summary

Validates certain acts by the Pearl River union free school district in connection with final building cost reports required to be filed with the state education department.

2021-S7741 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7741

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act relating to validating certain acts by the Pearl River union free
school district relating to final building cost reports required to be
filed with the state education department

 
PURPOSE:

Authorizes payment of building aid for certain approved building
projects of the Pearl River union free school district.

 
SUMMARY OF PROVISIONS:

Section 1: Allows the State Education Department to consider the final
cost reports for the Pearl River union free school district as legal-
ized, 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 Education shall not recover
from the Pearl River 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 Pearl River union free school
district pursuant to such provision.

Section 3: Effective date.

 
JUSTIFICATION:

The New York State Education Department has deemed final cost not
being"timely filed and has assessed the Pearl River union district a
$651,397 penalty. Without full forgiveness of this the taxes for the
Pearl River union free school district and taxpayers will be adversely
affected.

 
LEGISLATIVE HISTORY:

2019-20: S.8530 - Vetoed

 
FISCAL IMPLICATIONS:

$651,397 final cost report penalty which will be forgiven.

 
EFFECTIVE DATE:
Immediate.

2021-S7741 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7741
 
                             I N  S E N A T E
 
                             January 10, 2022
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 Pearl River union free
   school district relating to final building cost reports required to be
   filed with the state 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 Pearl River union free 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 state education depart-
 ment for approved building projects  completed  prior  to  December  31,
 2017,  including, but not limited to contracts 0002-008, 0002-009, 0003-
 010, 0009-014, 0009-015, 0010-007, 0010-008, 0011-012, 0011-014, 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 Pearl River  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 Pearl
 River 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08370-04-2
 S. 7741                             2
 
   (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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