Bill Text: NY S02976 | 2019-2020 | General Assembly | Introduced

Bill Title: Legalizes, validates, ratifies and confirms the actions of the Huntington 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: (Engrossed) 2019-06-11 - returned to senate [S02976 Detail]

Download: New_York-2019-S02976-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 31, 2019
        Introduced  by Sen. GAUGHRAN -- 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
          Huntington  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 Huntington union free school district and by any of
     4  its officers or agents relating to or in connection with final  building
     5  cost  reports  required  to  be  filed with the education department for
     6  approved building projects completed prior to December 31, 2011, 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  of education shall not recover from the  Huntington  union  free  school
    16  district any penalty arising from the late filing of a final cost report
    17  pursuant  to  section  31  of  part A of chapter 57 of the laws of 2012,
    18  provided that any amounts already so recovered shall be deemed a payment
    19  of moneys due for prior years pursuant to paragraph c of  subdivision  5
    20  of section 3604 of the education law and shall be paid to the Huntington
    21  union  free  school  district  pursuant to such provision, provided that
    22  such school 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.

        S. 2976                             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.