Bill Text: NJ S1983 | 2010-2011 | Regular Session | Amended

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Bill Title: Requires certain persons to refund monies to school district if the DOE determines that the monies were non-allowable costs for the district. *

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-03 - Reported from Senate Committee with Amendments, 2nd Reading [S1983 Detail]

Download: New_Jersey-2010-S1983-Amended.html

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[First Reprint]

SENATE, No. 1983

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 27, 2010

 

 

Sponsored by:

Senator  RAYMOND J. LESNIAK

District 20 (Union)

 

 

 

 

SYNOPSIS

     Requires certain persons to refund monies to school district if the DOE determines that the monies were non-allowable costs for the district.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Judiciary Committee on June 3, 2010, with amendments.

  

An Act concerning ¹[certain legal services fees paid] the recoupment of certain costs¹ by school districts and supplementing chapter 55 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    ¹a.¹  If the Department of Education finds that a school district ¹[has expended public funds for unnecessary legal fees, and the department reduces State aid to that district as a result of this finding, the attorney or attorneys who were the recipients] expenditure of public funds for legal fees was a non-allowable cost and reduces State aid to the district as a result of that finding, the law firm that was the recipient¹ of the legal fees shall refund to the school district the total amount of non-allowable costs for legal services identified by the department.

     ¹The department shall maintain a list of law firms that are not in compliance with the provisions of this subsection and a school district shall be prohibited from contracting for the legal services of a law firm on that list.

     As used in this subsection, "law firm" means a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law.

     b.    If the Department of Education finds that a school district has expended public funds for non-allowable costs and that those costs were incurred in furtherance of the personal interests of the superintendent of schools, a school board member, or any employee of the school district, and the department reduces State aid to that district as a result of this finding, the superintendent of schools, the school board member, or the employee of the school district, as appropriate, shall refund to the school district the total amount of the non-allowable costs identified by the department.

     c.     A penalty imposed pursuant to the provisions of this section shall be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).¹

 

     2.    This act shall take effect immediately ¹[and shall be retroactive to July 1, 2004]¹.