Bill Text: NY S08530 | 2019-2020 | General Assembly | Introduced


Bill Title: Validates certain acts by the Pearl River union free school district in connection with final building cost reports required to be filed with the state education department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-11-27 - tabled [S08530 Detail]

Download: New_York-2019-S08530-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8530

                    IN SENATE

                                      June 8, 2020
                                       ___________

        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT relating to validating certain acts by the Pearl River union free
          school district relating to final building cost reports required to be
          filed with the state 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 Pearl River 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 state education depart-
     6  ment for approved building projects  completed  prior  to  December  31,
     7  2017,  and  all acts incidental thereto are hereby legalized, validated,
     8  ratified and confirmed, notwithstanding any failure to comply  with  the
     9  time  requirements  for the approval and filing provisions of the educa-
    10  tion law or any other provision of law, rule or regulation, relating  to
    11  any  omissions,  error,  defect,  irregularity  or  illegality  in  such
    12  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  of education shall not recover from the Pearl River  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 Pearl
    21  River union free school district pursuant to  such  provision,  provided
    22  that such school district:
    23    (a)  submitted  the  late or missing final building cost report to the
    24  commissioner of education;
    25    (b) such cost report is approved by the commissioner of education;
    26    (c) all state funds expended by the school district, as documented  in
    27  such  cost  report,  were properly expended for such building project in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14922-03-0

        S. 8530                             2

     1  accordance with the terms and conditions for such project as approved by
     2  the commissioner of education; and
     3    (d)  the failure to submit such report in a timely manner was an inad-
     4  vertent administrative or ministerial oversight by the school  district,
     5  and  there  is no evidence of any fraudulent or other improper intent by
     6  such district.
     7    § 3. This act shall take effect immediately.
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