Bill Text: NY A07762 | 2019-2020 | General Assembly | Introduced

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Bill Title: Validates certain acts of the Mount Morris central school district with regard to two capital improvement projects and provides for payment of state aid for such projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-11-08 - APPROVAL MEMO.15 [A07762 Detail]

Download: New_York-2019-A07762-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7762

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 20, 2019
                                       ___________

        Introduced by M. of A. BYRNES -- read once and referred to the Committee
          on Education

        AN  ACT  to  validate  certain  acts  of the Mount Morris central school
          district with regard to certain capital improvement 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  Mount Morris central school district approved  two  capital  improvement
     3  projects  which are designated as project number 0001-005 and as project
     4  number 0001-006. In addition, the projects  were  eligible  for  certain
     5  state  aid. The legislature further finds that due to ministerial error,
     6  the required filing of the final cost reports for such projects were not
     7  made by such district in a timely manner making the district  ineligible
     8  for  certain  aid.  The legislature further finds that without such aid,
     9  the capital improvement projects will  impose  an  additional,  unantic-
    10  ipated hardship on district taxpayers.
    11    §  2.  All  the  acts done and proceedings heretofore had and taken or
    12  caused to be had or taken by the Mount Morris  central  school  district
    13  and  by  all  its officers or agents relating to or in connection with a
    14  certain final cost report to be filed with the state  education  depart-
    15  ment  for  project  number 0001-005 and project number 0001-006, and all
    16  acts incidental thereto are hereby legalized,  validated,  ratified  and
    17  confirmed,  notwithstanding  any failure to comply with the approval and
    18  filing provisions of the education law or any other  law  or  any  other
    19  statutory  authority,  rule or regulation, in relation to any omissions,
    20  error, defect, irregularity or illegality in such  proceedings  had  and
    21  taken, and provided further that any amount due and payable to the Mount
    22  Morris  central  school district for school years prior to the 2014-2015
    23  school year as a result of this  act  shall  be  paid  pursuant  to  the
    24  provisions of paragraph c of subdivision 5 of section 3604 of the educa-
    25  tion law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03649-01-9
        A. 7762                             2

     1    §  3.  The  education  department  is  hereby directed to consider the
     2  approved costs of the aforementioned projects as valid and proper  obli-
     3  gations  of  the Mount Morris central school district provided that such
     4  school district:
     5    (a)  submitted  the  late or missing final project cost reports to the
     6  commissioner of education on or before December 31, 2012;
     7    (b) such cost report is approved by the commissioner of education;
     8    (c) all state funds expended by the school district, as documented  in
     9  such  cost  reports, were properly expended for such capital projects in
    10  accordance with the terms and conditions for such projects  as  approved
    11  by the commissioner of education; and
    12    (d) the failure to submit such reports in a timely manner was an inad-
    13  vertent  administrative or ministerial oversight by the school district,
    14  and there is no evidence of any fraudulent or other improper  intent  by
    15  such district.
    16    § 4. This act shall take effect immediately.