S6141-2011 Actions

• Jan 10, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 5, 2012: REFERRED TO EDUCATION

S6141-2011 Meetings

S6141-2011 Votes

S6141-2011 Memo

BILL NUMBER:S6141

TITLE OF BILL:
An act
directing the education department to issue certain state aid to the
Central Islip union free school district for certain capital
construction projects

PURPOSE:
This bill would direct the education department to consider
plans submitted for seven specified construction projects that have
been submitted in a timely manner and to review such plans and
specifications. If approved, the costs for the projects shall be
deemed valid and the amount shall be paid to the school district.

SUMMARY OF SPECIFIC PROVISIONS:
Sections One and Two direct the
Department of Education to review plans for seven specific building
projects throughout the Central Islip union free school district, and
to disburse state reimbursement to the school district for the costs
incurred despite any failure to comply with the filing deadline for
the final building cost reports upon which approval of such projects
was contingent. Section Three is the effective date.

JUSTIFICATION:
In order for a school to operate at an efficient level
to educate our children, the school structures must be safe and
reliable. This requires constant upkeep and maintenance, the funding
for which schools rely greatly upon the State Department of Education
to provide. The Central Islip union free school district undertook
eight general construction products to expand classrooms and make
additions and alterations to all eight of their school buildings. The
school district was approved for funding to undertake this
construction, contingent upon their submission of final building cost
reports which were due in June of 2006. Because of office transitions
during the time period that the reports came due they were not filed
on time. Upon discovery of the unfiled reports, the school district
was diligent in filing the reports at that time.
Unfortunately, the reports were filed two years late and the State
education department denied the school district funding for the
already completed products, demanding that the school district repay
any monies already received for these projects. This legislation
would direct the Education Department to consider these projects as
though the final building cost reports had been submitted in a timely
manner.

FISCAL IMPLICATIONS:
To be determined.

PRIOR LEGISLATIVE HISTORY:
2011: S4723B- Veto Memo #64

EFFECTIVE DATE:
This act shall take effect immediately.

S6141-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6141
 I N  SENATE
 January 5, 2012
 
 Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT directing the education department to issue certain state aid  to
 the  Central  Islip  union  free  school  district for certain capital
 construction 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
 Central Islip  Union  Free  School  District  approved  several  capital
 improvement  projects  which  were  designated  by  the  State Education
 Department as project numbers 0002-006,  0003-008,  0005-007,  0006-005,
 0007-006,  0008-007 and 0004-005. In  addition, the projects were eligi
 ble for certain state aid. The legislature further  finds  that  due  to
 ministerial  error,  required  filings for eligibility for such aid were
 not made by the district in a timely manner making the district ineligi
 ble for certain aid. The legislature further  finds  that  without  such
 aid,  the  capital improvement projects will impose an additional, unan
 ticipated hardship on district taxpayers.
 

S 2.  All the acts done and proceedings heretofore had  and  taken  or
 caused  to  be  had  and  taken  by  the Central Islip Union Free School
 District and by all its officers or agents relating to or in  connection
 with  certain  final  cost  reports to be filed with the state education
 department  for  projects  0002-006,   0003-008,   0005-007,   0006-005,
 0007-006,  0008-007  and  0004-005, 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  educa
 tion  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  Central Islip Union Free School
 District for school years prior to  the  2012--2013  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.
 LBD10901-06-2
 
       S. 6141                             2
 

S  3.  The  education  department  is  hereby directed to consider the
 approved costs of the aforementioned project as valid and  proper  obli
 gations of the Central Islip Union Free School District.
 

S 4.  This act shall take effect immediately.

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