Authorizes the Babylon union free school district to receive state aid for a certain approved capital funded project.
Ayes (18): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
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.
STATE OF NEW YORK ________________________________________________________________________ 4935 2011-2012 Regular Sessions IN 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.