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Borrello Backs School Fine Forgiveness Bill

By John Whittaker 3 min read

Following yet another veto of legislation to forgive the remainder of a state fine levied against the Panama Central School District, state Sen. George Borrello is signing on as a bi-partisan co-sponsor on legislation to forgive all school district fines statewide.

The veto is not unexpected. Similar legislation has been approved by both houses of the state Legislature and vetoed by Cuomo in 2017, 2018, 2019 and now 2020.

"It is incomprehensible that the governor has repeatedly vetoed this legislation that would erase a penalty that never should have been imposed. The original $4.9 million fee, instituted because of an administrative error on the final cost report for a capital project, was an enormous financial blow to a small, struggling rural school district and its taxpayers. Crucial assistance was provided by my predecessor, Cathy Young, and Assemblyman Andy Goodell, in securing funds to help mitigate the negative impact. Yet, despite their efforts, this unresolved fine prevented a long-sought merger with the Clymer School District that would have been a great benefit to both students and taxpayers."

S.4209 was introduced in the state Senate back in January by Sen. Jen Metzger, D-Middletown. and was approved 13-0 by the Education Committee before being referred to the Finance Committee, where it has yet to be scheduled for debate. In addition to Borrello, the bill is also co-sponsored by Sue Serino, R-Hyde Park. Assembly legislation (A.5768) is sponsored by Assemblywoman Aileen Gunther, D-Monticello, and co-sponsored by Assemblyman Kevin Byrne, R-Brewster.

"No district should be put in this position, which is why I am co-sponsoring Senate Bill 4209, which would forgive all state school districts who have been burdened with oppressive fines for building aid administrative reporting errors. In these difficult economic times with schools facing devastating state aid cuts, these fines are unjustifiable," Borrello said Thursday.

Last year, six other school districts that have also had fines levied against them saw legislation forgiving their fine vetoed recently by Cuomo. Bills also passed both houses of the state Legislature forgiving clerical errors in transportation contracts by the Corning-Painted Post Area School District and the Fulton City School District that could cost the districts a portion of its state transportation aid. Fulton could lose $1.03 million in state transportation aid.

The continuing situation led to a discussion during the state Legislature's budget hearings over state fines to school districts. During that hearing, Shannon Tahoe, former state education commissioner, said she supported legislation like S.4209/A.5768 to forgive fines against school districts as part of the state Education Department's mandate relief program.

"As part of our mandate relief bill we actually proposed similar legislation for blanket forgiveness for late cost reports," Tahoe said. "It doesn't make sense to pass bills one at a time for different districts. We believe that all districts should be treated equally and have the same blanket forgiveness on those late cost reports."

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