Bill Text: NY S01239 | 2019-2020 | General Assembly | Amended


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: Bipartisan Bill

Status: (Passed) 2019-11-08 - approval memo.8 [S01239 Detail]

Download: New_York-2019-S01239-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1239--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
                                       ___________
        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00017-03-9

        S. 1239--A                          2
     1  and shall be paid to the Spackenkill union free school district pursuant
     2  to such provision, provided that such school district:
     3    (a)  submitted  the  late or missing final building cost report to the
     4  commissioner of education;
     5    (b) such cost report is approved by the commissioner of education;
     6    (c) all state funds expended by the school district, as documented  in
     7  such  cost  report,  were properly expended for such building project in
     8  accordance with the terms and conditions for such project as approved by
     9  the commissioner of education; and
    10    (d) the failure to submit such report in a timely manner was an  inad-
    11  vertent  administrative or ministerial oversight by the school district,
    12  and there is no evidence of any fraudulent or other improper  intent  by
    13  such district.
    14    § 3. This act shall take effect immediately.
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