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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Bipartisan Bill

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

Download: New_York-2019-S01239-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1239
                               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
        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 required to be filed with the education department for
     6  approved building projects completed prior to December 31, 2012, and all
     7  acts incidental thereto are hereby legalized,  validated,  ratified  and
     8  confirmed,  notwithstanding any failure to comply with the time require-
     9  ments for the approval and filing provisions of the education law or any
    10  other provision of law, rule or regulation, relating to  any  omissions,
    11  error,  defect,  irregularity  or illegality in such proceedings had and
    12  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 pursuant to
    17  section 31 of part A of chapter 57 of the laws of  2012,  provided  that
    18  any amounts already so recovered shall be deemed a payment of moneys due
    19  for prior years pursuant to paragraph c of subdivision 5 of section 3604
    20  of  the  education  law  and shall be paid to the Spankenkill union free
    21  school district pursuant to such provision, provided  that  such  school
    22  district:
    23    (a)  submitted  the  late or missing final building cost report to the
    24  commissioner of education;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00017-01-9
        S. 1239                             2
     1    (b) such cost report is approved by the commissioner of education;
     2    (c)  all state funds expended by the school district, as documented in
     3  such cost report, were properly expended for such  building  project  in
     4  accordance with the terms and conditions for such project as approved by
     5  the commissioner of education; and
     6    (d)  the failure to submit such report in a timely manner was an inad-
     7  vertent administrative or ministerial oversight by the school  district,
     8  and  there  is no evidence of any fraudulent or other improper intent by
     9  such district.
    10    § 3. This act shall take effect immediately.