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STATE OF NEW YORK ________________________________________________________________________ 1280 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT relating to legalizing, validating, ratifying and confirming certain actions or omissions relating to certain capital projects in school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. 1. Notwithstanding any other provision of law to the 2 contrary, where the education department denies or has denied building 3 aid for a school district capital project or has recovered overpayments 4 of such aid relating thereto, the actions or omissions of all officers, 5 employees or agents of an eligible school district relating to or in 6 connection with such capital projects for the 2004--2005 school year 7 through the 2016--2017 school year and for contracts and contract exten- 8 sions entered into prior to the 2016--2017 school year for which 9 expenses were incurred in the 2004--2005 school year or thereafter, and, 10 where a district can demonstrate to the satisfaction of the commissioner 11 of education that such actions or omissions involve only inadvertent and 12 minor clerical or technical errors, all acts incidental thereto are 13 hereby legalized, validated, ratified and confirmed, notwithstanding any 14 failure to comply with the filing provisions of the education law, the 15 general municipal law or any other law, rule or regulation other than 16 those filing provisions defined in paragraph a of subdivision 5 of 17 section 3604 of the education law, in relation to any omission, error, 18 defect, irregularity or illegality in such proceeding had and taken. 19 2. The education department is hereby directed to consider the 20 contracts legalized, ratified, validated and confirmed pursuant to 21 subdivision 1 of this section for building aid as a valid and proper 22 obligation of the school district for aid payable for expenses incurred 23 in the 2004--2005 school year and thereafter; provided that such school 24 district submits to the education department the applicable contract EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04845-01-7S. 1280 2 1 number or numbers, school year and upon request, a copy of the contract, 2 on or before December 31, 2017 and the contract is approved by the 3 commissioner of education, and provided further that any amount due and 4 payable for school years prior to the 2016--2107 school year as a result 5 of this act shall be paid pursuant to the provisions of paragraph c of 6 subdivision 5 of section 3604 of the education law. 7 § 2. This act shall take effect immediately.