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S07054 Summary:

Validates certain acts of the Hendrick Hudson central school district with regard to two capital improvement projects and provides for payment of state aid for such projects.
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S07054 Actions:

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S07054 Memo:

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S07054 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     January 3, 2018
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to validate certain acts of the Hendrick  Hudson  central  school
          district with regard to certain capital improvement projects
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. The legislature hereby finds  that  the
     2  Hendrick Hudson central school district approved two capital improvement
     3  projects  which  are  designated  as  project  numbers  660203-0001-018,
     4  660203-0001-019,  660203-0002-012,   660203-0002-013,   660203-0006-008,
     5  660203-0006-009,  660203-0007-009,  660203-0008-010 and 660203-5005-005,
     6  and as project number 660203-7999-005.  In addition, the  projects  were
     7  eligible  for  certain state aid. The legislature further finds that due
     8  to ministerial error, the required filing of the final cost reports  for
     9  such  projects  were not made by such district in a timely manner making
    10  the district ineligible for certain aid. The legislature  further  finds
    11  that  without  such aid, the capital improvement projects will impose an
    12  additional, unanticipated hardship on district taxpayers.
    13    § 2. All the acts done and proceedings heretofore  had  and  taken  or
    14  caused to be had or taken by the Hendrick Hudson central school district
    15  and  by  all  its officers or agents relating to or in connection with a
    16  certain final cost report to be filed with the state  education  depart-
    17  ment  for project numbers 660203-0001-018, 660203-0001-019, 660203-0002-
    18  012, 660203-0002-013, 660203-0006-008, 660203-0006-009, 660203-0007-009,
    19  660203-0008-010 and 660203-5005-005, and project number 660203-7999-005,
    20  and all acts incidental thereto are hereby legalized,  validated,  rati-
    21  fied  and  confirmed,  notwithstanding  any  failure  to comply with the
    22  approval and filing provisions of the education law or any other law  or
    23  any  other  statutory  authority, rule or regulation, in relation to any
    24  omissions, error, defect, irregularity or illegality in such proceedings
    25  had and taken, and provided further that any amount due and  payable  to
    26  the  Hendrick  Hudson  central school district for school years prior to
    27  the 2017-2018 school year as a result of this act shall be paid pursuant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7054                             2
     1  to the provisions of paragraph c of subdivision 5 of section 3604 of the
     2  education law.
     3    §  3.  The  education  department  is  hereby directed to consider the
     4  approved costs of the aforementioned projects as valid and proper  obli-
     5  gations  of  the  Hendrick  Hudson central school district provided that
     6  such school district:
     7    (a) submitted the late or missing final project cost  reports  to  the
     8  commissioner of education on or before December 31, 2018;
     9    (b) such cost report is approved by the commissioner of education;
    10    (c)  all state funds expended by the school district, as documented in
    11  such cost reports, were properly expended for such capital  projects  in
    12  accordance  with  the terms and conditions for such projects as approved
    13  by the commissioner of education; and
    14    (d) the failure to submit such reports in a timely manner was an inad-
    15  vertent administrative or ministerial oversight by the school  district,
    16  and  there  is no evidence of any fraudulent or other improper intent by
    17  such district.
    18    § 4. This act shall take effect immediately.
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