Bill Text: NY A03039 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to legalizing, validating, ratifying and confirming certain actions or omissions relating to certain capital projects in school districts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A03039 Detail]

Download: New_York-2019-A03039-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3039
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Education
        AN  ACT  relating  to  legalizing,  validating, ratifying and confirming
          certain actions or omissions relating to certain capital  projects  in
          school districts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. 1. Notwithstanding  any  other  provision  of  law  to  the
     2  contrary,  where  the education department denies or has denied building
     3  aid for a school district capital project or has recovered  overpayments
     4  of  such aid relating thereto, the actions or omissions of all officers,
     5  employees or agents of an eligible school district  relating  to  or  in
     6  connection  with  such  capital  projects for the 2004--2005 school year
     7  through the 2018--2019 school year and for contracts and contract exten-
     8  sions entered into  prior  to  the  2018--2019  school  year  for  which
     9  expenses were incurred in the 2004--2005 school year or thereafter, and,
    10  where a district can demonstrate to the satisfaction of the commissioner
    11  of education that such actions or omissions involve only inadvertent and
    12  minor  clerical  or  technical  errors,  all acts incidental thereto are
    13  hereby legalized, validated, ratified and confirmed, notwithstanding any
    14  failure to comply with the filing provisions of the education  law,  the
    15  general  municipal  law  or any other law, rule or regulation other than
    16  those filing provisions defined in  paragraph  a  of  subdivision  5  of
    17  section  3604  of the education law, in relation to any omission, error,
    18  defect, irregularity or illegality in such proceeding had and taken.
    19    2. The  education  department  is  hereby  directed  to  consider  the
    20  contracts  legalized,  ratified,  validated  and  confirmed  pursuant to
    21  subdivision one of this section for building aid as a valid  and  proper
    22  obligation  of the school district for aid payable for expenses incurred
    23  in the 2004--2005 school year and thereafter; provided that such  school
    24  district  submits  to  the  education department the applicable contract
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02439-02-9
        A. 3039                             2
     1  number or numbers, school year and upon request, a copy of the contract,
     2  on or before December 31, 2019 and  the  contract  is  approved  by  the
     3  commissioner  of education, and provided further that any amount due and
     4  payable for school years prior to the 2018--2019 school year as a result
     5  of  this  act shall be paid pursuant to the provisions of paragraph c of
     6  subdivision 5 of section 3604 of the education law.
     7    § 2. This act shall take effect immediately.