Bill S4407-2015

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

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.

Details

Actions

  • Mar 19, 2015: REFERRED TO EDUCATION

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4407 2015-2016 Regular Sessions IN SENATE 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.
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 comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.

Discuss!

blog comments powered by Disqus