What's happening
This bill validates and legalizes Islip Union Free School District's late cost reports for certain capital projects, restoring eligibility for related state aid.
Why it matters
Prevents financial hardship for local taxpayers. by restoring state aid eligibility for the Islip Union Free School District, which would otherwise lose funding due to an administrative oversight. Without this aid, the cost of completed capital projects would have to be covered by increased local taxes.
Sets a precedent for handling procedural errors. in school district reporting, potentially encouraging legislative remedies for similar administrative mistakes elsewhere, and highlighting the importance of oversight versus intent (i.e., distinguishing between honest errors and fraud).
Ensures accountability and proper use of state funds. by requiring the district to submit and receive approval for all relevant cost reports, and by mandating that funds have been spent appropriately, thus safeguarding taxpayer money while still offering flexibility for genuine mistakes.
Mitigates punitive financial penalties. related to late filings, ensuring the district is not subject to severe fiscal consequences for inadvertent and non-fraudulent errors, and allowing reimbursement of any previously recovered penalty amounts.
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Who cares
Headline styles
Approve Islip School Projects
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S644A
- Ordered to third reading rules cal.565
- Rules report cal.565
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Validate Islip School Projects
Vetoed · Sponsor Phil Boyle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8293
2019-2020 Regular Sessions
IN ASSEMBLY
June 13, 2019
Introduced by M. of A. GARBARINO -- read once and referred to the Committee on Education
AN ACT to validate certain acts of the Islip Union Free school district with regard to certain capital improvement projects
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The legislature hereby finds that the Islip Union Free school district approved eight capital improvement projects which are designated as project numbers 0003-12, 0011-007, 0011-008, 0003-013, 0007-009, 0007-010, 0007-012, and 0011-009. 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, unanticipated hardship on district taxpayers.
§ 2. All the acts done and proceedings heretofore had and taken or caused to be had or taken by the Islip 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 department for project numbers 0003-12, 0011-007, 0011-008, 0003-013, 0007-009, 0007-010, 0007-012, and 0011-009, 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 Islip Union Free school district for school years prior to the 2015-2016 school year as a result of this act
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04371-05-9
A. 8293 2
shall be paid pursuant to the provisions of paragraph c of subdivision 5 of section 3604 of the education law.
§ 3. 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 Islip Union Free school district any penalty arising from the late filing of a final cost report for an approved capital construction project designated by the department of education as project numbers 0003-12, 0011-007, 0011-008, 0003-013, 0007-009, 0007-010, 0007-012, and 0011-009 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 Islip 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;
(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 inadvertent administrative or ministerial oversight by the school district, and there is no evidence of any fraudulent or other improper intent by such district.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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