Bill Text: NY A06773 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes the Liverpool central school district to receive state aid for certain approved capital funded projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2019-11-08 - VETOED MEMO.133 [A06773 Detail]

Download: New_York-2019-A06773-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6773--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 19, 2019
                                       ___________

        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on  Education  --  reported  and referred to the Committee on Ways and
          Means -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT in relation to authorizing the Liverpool central school district
          to receive state aid for certain approved capital funded projects

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

     1    Section  1.  Legislative intent. The legislature hereby finds that the
     2  Liverpool central school district approved capital improvement  projects
     3  which  were  designated  by  the  state  education department as project
     4  number  0001-003,  0001-005,  0002-007,  0003-003,  0003-005,  0004-005,
     5  0005-006,  0007-003,  0009-004,  0009-006, 0010-005, 0010-007, 0012-003,
     6  0014-005, 0015-003, 0016-007, 0016-010,  0016-011,  0018-008,  0018-010,
     7  0019-007,  0024-004,  4011-001, 5008-002. In addition, the projects were
     8  eligible for certain state aid. The legislature further finds  that  due
     9  to ministerial error, a required filing for eligibility for such aid was
    10  not made by the district in a timely manner making the district ineligi-
    11  ble  for  certain  aid.  The legislature further finds that without such
    12  aid, the capital improvement projects will impose an  additional,  unan-
    13  ticipated hardship on district taxpayers.
    14    §  2.  All  the  acts done and proceedings heretofore had and taken or
    15  caused to be had and taken by the Liverpool central school district  and
    16  by  all its officers or agents relating to or in connection with certain
    17  final cost reports to be filed with the state education  department  for
    18  projects  0001-003,  0001-005,  0002-007,  0003-003, 0003-005, 0004-005,
    19  0005-006, 0007-003, 0009-004, 0009-006,  0010-005,  0010-007,  0012-003,
    20  0014-005,  0015-003,  0016-007,  0016-010, 0016-011, 0018-008, 0018-010,
    21  0019-007, 0024-004, 4011-001, 5008-002, and all acts incidental  thereto
    22  are hereby legalized, validated, ratified and confirmed, notwithstanding
    23  any  failure  to  comply  with the approval and filing provisions of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10774-02-9
        A. 6773--A                          2

     1  education law or any other law or any other statutory authority, rule or
     2  regulation, in relation to any omissions, error, defect, irregularity or
     3  illegality in such proceedings had and taken.
     4    §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
     5  of 2013, and consistent with section two of this act,  the  commissioner
     6  of  education  shall  not  recover  from  the  Liverpool  central school
     7  district any penalty arising from the late filing of a final cost report
     8  pursuant to section 31 of part A of chapter 57  of  the  laws  of  2012,
     9  provided that any amounts already so recovered shall be deemed a payment
    10  of  moneys  due for prior years pursuant to paragraph c of subdivision 5
    11  of section 3604 of the education law and shall be paid to the  Liverpool
    12  central  school  district pursuant to such provision, provided that such
    13  school district:
    14    (a) submitted the late or missing final building cost  report  to  the
    15  commissioner of education;
    16    (b) such cost report is approved by the commissioner of education;
    17    (c)  all state funds expended by the school district, as documented in
    18  such cost report, were properly expended for such  building  project  in
    19  accordance with the terms and conditions for such project as approved by
    20  the commissioner of education; and
    21    (d)  the failure to submit such report in a timely manner was an inad-
    22  vertent administrative or ministerial oversight by the school  district,
    23  and  there  is no evidence of any fraudulent or other improper intent by
    24  such district.
    25    § 4. The department of education is hereby directed  to  consider  the
    26  approved costs of the projects set forth in this act as valid and proper
    27  obligations of the Liverpool central school district.
    28    § 5. This act shall take effect immediately.