S4935-2011 Actions

• Sep 23, 2011: VETOED MEMO.77
• Sep 12, 2011: DELIVERED TO GOVERNOR
• Jun 22, 2011: returned to senate
• Jun 22, 2011: passed assembly
• Jun 22, 2011: ordered to third reading rules cal.578
• Jun 22, 2011: substituted for a7995b
• Jun 20, 2011: referred to ways and means
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 16, 2011: AMENDED ON THIRD READING 4935B
• Jun 13, 2011: AMENDED ON THIRD READING 4935A
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.931
• May 2, 2011: REFERRED TO EDUCATION

S4935-2011 Meetings

S4935-2011 Calendars

S4935-2011 Votes

S4935-2011 Memo

BILL NUMBER:S4935

TITLE OF BILL:
An act
to validate certain acts of the Babylon union free school district with
regard to a
certain capital improvement project

PURPOSE:
This bill authorizes the Babylon union free school district to receive
state aid for a certain approved capital funded project.

SUMMARY OF PROVISIONS:
Section 1 of the bill provides for the legislative intent.

Section 2 legalizes the Babylon UFSD's application for a prior
approved capital project notwithstanding the district's failure to
timely file its final cost report for the completed project. This
section further authorizes that any amounts due and payable to the
district be paid.

JUSTIFICATION:
The Babylon UFSD completed and paid for a capital project at the
Babylon Junior and Senior High School totaling $252,357. The Project
was approved in advance by the New York State Department of Education
and was assigned a contract number. However, due to an administrative
oversight by the Babylon UFSD, the Final Cost Report for the Project
was submitted to the State Education Department after the required
filing date. The final amount due to the Babylon UFSD as referenced
in its Final Cost Report for the Project was approximately $90,000;
all other monies had been paid under the contract.

Due to the District's failure to file the Report on time, the State
Education Department determined that the school district would not
only lose its rights to the remaining $90,000 due on the contract,
but that the District would also be obligated to pay back all of the
capital monies it received in connection with the Project. The
District will lose $252,357 because of a mere paperwork oversight.
The purpose of this bill is to avoid such a draconian penalty because
of an administrative mistake and make the Babylon UFSD whole.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None. These monies were already set aside by NYSED for the school
district.

LOCAL FISCAL IMPLICATIONS:
Savings to the Babylon UFSD of $257,357.

EFFECTIVE DATE:
This act shall take effect immediately.

S4935-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4935
 2011-2012 Regular Sessions
 I N  SENATE
 May 2, 2011
 
 Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT to validate  certain  acts  of  the  Babylon  union  free  school
 district with regard to a certain capital improvement project
 

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
 Babylon  union  free  school  district  approved  a  capital improvement
 project which is designated project number  001-010.  In  addition,  the
 project  was  eligible  for  certain  state aid. The legislature further
 finds that due to ministerial error, the required filing  of  the  final
 cost  report  for such project was 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 project
 will impose an additional, unanticipated 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 Babylon union free 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 001-010, and all acts  incidental  thereto  are  hereby
 legalized,  validated, ratified and confirmed, notwithstanding any fail
 ure to comply with the approval and filing provisions of  the  education
 law  or  any  other  law or any other statutory authority, rule or regu
 lation, 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 Babylon union free school district for
 school years prior to the 2011-2012 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 education law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11206-01-1
 
       S. 4935                             2
 

S  3.  The  education  department  is  hereby directed to consider the
 approved cost of the aforementioned project as a valid and proper  obli
 gation of the Babylon union free school district.
 

S 4. This act shall take effect immediately.

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