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SB1280 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1280--A
 
                               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  --  recommitted
          to the Committee on Education in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        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 2017--2018 school year and for contracts and contract exten-
     8  sions  entered  into  prior  to  the  2017--2018  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  one  of this section for building aid as a valid and proper
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04845-02-8

        S. 1280--A                          2
 
     1  obligation of the school district for aid payable for expenses  incurred
     2  in  the 2004--2005 school year and thereafter; provided that such school
     3  district submits to the education  department  the  applicable  contract
     4  number or numbers, school year and upon request, a copy of the contract,
     5  on  or  before  December  31,  2018  and the contract is approved by the
     6  commissioner of education, and provided further that any amount due  and
     7  payable for school years prior to the 2017--2018 school year as a result
     8  of  this  act shall be paid pursuant to the provisions of paragraph c of
     9  subdivision 5 of section 3604 of the education law.
    10    § 2. This act shall take effect immediately.
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