Bill Text: NY A08293 | 2019-2020 | General Assembly | Introduced

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Bill Title: Validates certain acts of the Islip Union Free school district with regard to certain capital improvement projects including project numbers 0003-12, 0011-007, 0011-008, 0003-013, 0007-009, 0007-010, 0007-012 and 0011-009.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2019-11-08 - VETOED MEMO.127 [A08293 Detail]

Download: New_York-2019-A08293-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8293

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 13, 2019
                                       ___________

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

        AN ACT to validate certain acts of the Islip Union Free 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  Islip  Union  Free  school  district  approved eight capital improvement
     3  projects which are designated  as  project  numbers  0003-12,  0011-007,
     4  0011-008,  0003-013,  0007-009,  0007-010,  0007-012, and 0011-009.   In
     5  addition, the projects were eligible for certain state aid. The legisla-
     6  ture further finds that due to ministerial error, the required filing of
     7  the final cost reports for such projects were not made by such  district
     8  in  a  timely manner making the district ineligible for certain aid. The
     9  legislature further finds that without such aid, the capital improvement
    10  projects will impose an additional, unanticipated hardship  on  district
    11  taxpayers.
    12    §  2.  All  the  acts done and proceedings heretofore had and taken or
    13  caused to be had or taken by the Islip Union Free school district and by
    14  all its officers or agents relating to or in connection with  a  certain
    15  final  cost  report  to be filed with the state education department for
    16  project  numbers  0003-12,  0011-007,  0011-008,   0003-013,   0007-009,
    17  0007-010,  0007-012,  and  0011-009, and all acts incidental thereto are
    18  hereby legalized, validated, ratified and confirmed, notwithstanding any
    19  failure to comply with the approval and filing provisions of the  educa-
    20  tion  law  or  any  other  law or any other statutory authority, rule or
    21  regulation, in relation to any omissions, error, defect, irregularity or
    22  illegality in such proceedings had and taken, and provided further  that
    23  any  amount  due and payable to the Islip Union Free school district for
    24  school years prior to the 2015-2016 school year as a result of this  act

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04371-05-9
        A. 8293                             2

     1  shall be paid pursuant to the provisions of paragraph c of subdivision 5
     2  of section 3604 of the education law.
     3    §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
     4  of 2013, and consistent with section one of this act,  the  commissioner
     5  of education shall not recover from the Islip Union Free school district
     6  any  penalty  arising from the late filing of a final cost report for an
     7  approved capital construction project designated by  the  department  of
     8  education  as  project  numbers  0003-12,  0011-007, 0011-008, 0003-013,
     9  0007-009, 0007-010, 0007-012, and 0011-009 pursuant  to  section  31  of
    10  part  A  of  chapter  57  of the laws of 2012, provided that any amounts
    11  already so recovered shall be deemed a payment of moneys due  for  prior
    12  years  pursuant  to  paragraph c of subdivision 5 of section 3604 of the
    13  education law and shall be paid to the Islip Union Free school  district
    14  pursuant to such provision, provided that such school district:
    15    (a)  submitted  the  late or missing final building cost report to the
    16  commissioner of education;
    17    (b) such cost report is approved by the commissioner of education;
    18    (c) all state funds expended by the school district, as documented  in
    19  such  cost  report,  were properly expended for such building project in
    20  accordance with the terms and conditions for such project as approved by
    21  the commissioner of education; and
    22    (d) the failure to submit such report in a timely manner was an  inad-
    23  vertent  administrative or ministerial oversight by the school district,
    24  and there is no evidence of any fraudulent or other improper  intent  by
    25  such district.
    26    § 4. This act shall take effect immediately.