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S2611Senate2019-2020 SessionSame asA3666

Validate Roscoe School Reports

Official title

“Relates to validating certain acts by the Roscoe central school district in connection with final building cost reports required to be filed with the education department”

Sponsor Jen MetzgerSD-42Affects Education
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill legalizes and validates late building cost reports filed by the Roscoe Central School District, waiving related penalties.

Why it matters

  1. Protects Roscoe Central School District from losing state funding. due to late building cost reports by legalizing and validating their filings, ensuring the district still receives financial support for completed projects.

  2. Prevents retroactive penalties or financial clawbacks. by specifically prohibiting the state from recovering penalties related to the late reports—this avoids sudden budget shortfalls for the school district.

  3. Establishes strict conditions for relief. , requiring that the reports were ultimately submitted, approved, and that all funds were appropriately used, minimizing the risk of abuse and ensuring accountability.

  4. Clarifies the intent was not fraudulent. , as relief is only granted if the lateness was an inadvertent administrative error, not due to intentional wrongdoing, reinforcing trust in school district operations.

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Who cares

Headline styles

Validate Roscoe School Reports

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jen Metzger

Senator · Senate District 42

Chair, Agriculture

No co-sponsors yet.

History

  1. Approval memo.12
  2. Signed chap.463
  3. Delivered to governor
  4. Returned to senate
  5. Passed assembly
  6. Ordered to third reading cal.403
  7. Substituted for A3666
  8. Referred to education
  9. Delivered to assembly
  10. Passed senateVote 58–0
  11. Advanced to third reading
  12. 2nd report cal.
Show 3 earlier actions
  1. 1st report cal.602
  2. Reported and committed to finance
  3. 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.

A3666Assembly

Forgive Roscoe School Reports

Assembly Floor Calendar · Sponsor Aileen Gunther

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2611

2019-2020 Regular Sessions

IN SENATE

January 28, 2019

Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Education

AN ACT relating to validating certain acts by the Roscoe central school district relating to final building cost reports required to be filed with the education department

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any other provision of law to the contrary, all acts done and proceedings heretofore had and taken, or caused to be had or taken, by the Roscoe central school district and by any of its officers or agents relating to or in connection with final building cost reports required to be filed with the education department for approved building projects completed prior to December 31, 2017, and all acts incidental thereto are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the time requirements for the approval and filing provisions of the education law or any other provision of law, rule or regulation, relating to any omissions, error, defect, irregularity or illegality in such proceedings had and taken.

§ 2. 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 shall not recover from the Roscoe central school district any penalty arising from the late filing of a final cost report 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 Roscoe central 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;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08764-01-9

S. 2611 2

(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.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act relating to validating certain acts by the Roscoe central school district relating to final building cost reports required to be filed with the education department

Purpose

Authorizes payment of building aid for certain approved building projects of the Roscoe Central School District

Summary of provisions

Section 1: Allows the Education Department to consider the final cost reports for Roscoe Central School as legalized, validated, ratified and confirmed for approved building projects completed prior to December 31, 2017 recognizing that the failure to submit the report in a timely manner was an inadvertent administrative or ministerial oversight.

Section 2: Provides that the Commissioner of the State Education Depart- ment shall not recover from the Roscoe Central School District any penalty arising from the late filing of a final cost report 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 for money due for prior years pursuant to paragraph c of subdivision 5 of section 3604 of the education law and shall be paid to the Roscoe Central School District pursuant to such provision.

Section 3: Effective date.

Justification

The Roscoe Central School District had two school building projects which had problems serious enough to require litigation between the school district, general contractor, and the general contractor's surety as well as the project architect and engineers. This led to significant delays in the completion of the project and receipt of the certificate of substantial completion. The school district sought, and successfully received, several extensions on filing the final cost reports for these projects. Unfortunately, there is no record at the New York State Educa- tion Department of the school district seeking or receiving a final necessary extension to file the final cost reports for these projects. As such the New York State Education Department has deemed the final cost reports as not being timely filed and has assessed the Roscoe Central School District a $1.4 million penalty.

Without full forgiveness of this penalty, the 238 students who attend Roscoe Central School and the district's taxpayers will be left holding the bag for a ministerial error made by a school district fighting ongo- ing legal battles over the project.

With our small, rural schools already facing the heavy burdens of limit- ed state aid, tax revenues and loss of enrollment and tax base, Roscoe Central School faces particularly significant cash flow problems that threaten its very operations if not addressed.

Legislative history

2018 - Vetoed

Fiscal implications

$1.4 million final cost report penalty which will be forgiven.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.