Bill Text: NY A04069 | 2019-2020 | General Assembly | Introduced

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Bill Title: Legalizes, validates, ratifies and confirms the actions of the Spackenkill union free school district regardless of the failure of such district to timely file final building cost reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-11-08 - approval memo.8 [A04069 Detail]

Download: New_York-2019-A04069-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4069
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
          tee on Education
        AN ACT to legalize, validate, ratify and  confirm  the  actions  of  the
          Spackenkill  union free school district notwithstanding the failure to
          timely file final building cost reports with the education department
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Notwithstanding any other provision of law to the contrary,
     2  all  acts done and proceedings heretofore had and taken, or caused to be
     3  had or taken, by the Spackenkill union free school district and  by  any
     4  of its officers or agents relating to or in connection with final build-
     5  ing cost reports for an approved capital construction project designated
     6  by  the  department  of  education as project number 0-005-016 completed
     7  prior to December 31, 2012, and all acts incidental thereto  are  hereby
     8  legalized,  validated, ratified and confirmed, notwithstanding any fail-
     9  ure to comply with the time requirements for  the  approval  and  filing
    10  provisions  of  the education law or any other provision of law, rule or
    11  regulation, relating to any omissions, error,  defect,  irregularity  or
    12  illegality in such proceedings had and taken.
    13    §  2. Notwithstanding section 24-a of part A of chapter 57 of the laws
    14  of 2013, and consistent with section one of this act,  the  commissioner
    15  shall  not  recover  from the Spackenkill union free school district any
    16  penalty arising from the late filing of  a  final  cost  report  for  an
    17  approved  capital  construction  project designated by the department of
    18  education as project number 0-005-016 pursuant to section 31 of  part  A
    19  of  chapter 57 of the laws of 2012, provided that any amounts already so
    20  recovered shall be deemed a payment of moneys due for prior years pursu-
    21  ant to paragraph c of subdivision 5 of section 3604 of the education law
    22  and shall be paid to the Spackenkill union free school district pursuant
    23  to such provision, provided that such school district:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00017-02-9
        A. 4069                             2
     1    (a) submitted the late or missing final building cost  report  to  the
     2  commissioner of education;
     3    (b) such cost report is approved by the commissioner of education;
     4    (c)  all state funds expended by the school district, as documented in
     5  such cost report, were properly expended for such  building  project  in
     6  accordance with the terms and conditions for such project as approved by
     7  the commissioner of education; and
     8    (d)  the failure to submit such report in a timely manner was an inad-
     9  vertent administrative or ministerial oversight by the school  district,
    10  and  there  is no evidence of any fraudulent or other improper intent by
    11  such district.
    12    § 3. This act shall take effect immediately.