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S01777 Summary:

S01777 Actions:

S01777 Committee Votes:

S01777 Floor Votes:

S01777 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1777
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to validate certain acts of the  Newburgh  Enlarged  city  school
          district  and  the  Chester  Union Free 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  Newburgh Enlarged city  school  district  approved  capital  improvement
     3  projects  which  are  designated  as  project  numbers  441600-0003-010,
     4  441600-0006-006,  441600-0009-004,   441600-0010-004,   441600-0018-002,
     5  441600-0018-004,   441600-0022-001,   441600-0023-005,  441600-0035-007,
     6  441600-0036-007 and 441600-0001-011.   The  legislature  further  hereby
     7  finds  that  the Chester Union Free school district approved two capital
     8  improvement  projects  which   are   designated   as   project   numbers
     9  44020102-0001-005 and 44020102-0009-001.  In addition, the projects were
    10  eligible for certain state aid. The legislature finds that due to minis-
    11  terial  error,  the  required  filing of the final cost reports for such
    12  projects were not made by such districts in a timely manner  making  the
    13  districts ineligible for certain aid. The legislature further finds that
    14  without  such aid, the capital improvement projects will impose an addi-
    15  tional, unanticipated hardship on the district's taxpayers.
    16    § 2. a. All the acts done and proceedings heretofore had and taken  or
    17  caused  to be had or taken by the Newburgh Enlarged city school district
    18  and by all its officers or agents relating to or in  connection  with  a
    19  certain  final  cost report to be filed with the state education depart-
    20  ment for project numbers 441600-0003-010, 441600-0006-006,  441600-0009-
    21  004, 441600-0010-004, 441600-0018-002, 441600-0018-004, 441600-0022-001,
    22  441600-0023-005,  441600-0035-007,  441600-0036-007 and 441600-0001-011,
    23  and all acts incidental thereto are hereby legalized,  validated,  rati-
    24  fied  and  confirmed,  notwithstanding  any  failure  to comply with the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07879-01-9
        S. 1777                             2
 
     1  approval and filing provisions of the education law or any other law  or
     2  any  other  statutory  authority, rule or regulation, in relation to any
     3  omissions, error, defect, irregularity or illegality in such proceedings
     4  had  and  taken, and provided further that any amount due and payable to
     5  the Newburgh Enlarged city school district for school years prior to the
     6  2018-2019 school year as a result of this act shall be paid pursuant  to
     7  the  provisions  of  paragraph c of subdivision 5 of section 3604 of the
     8  education law.
     9    b. All the acts done and  proceedings  heretofore  had  and  taken  or
    10  caused  to be had or taken by the Chester Union Free school district and
    11  by all its officers or agents  relating  to  or  in  connection  with  a
    12  certain  final  cost report to be filed with the state education depart-
    13  ment for project numbers 44020102-0001-005  and  44020102-0009-001,  and
    14  all  acts  incidental  thereto are hereby legalized, validated, ratified
    15  and confirmed, notwithstanding any failure to comply with  the  approval
    16  and filing provisions of the education law or any other law or any other
    17  statutory  authority,  rule or regulation, in relation to any omissions,
    18  error, defect, irregularity or illegality in such  proceedings  had  and
    19  taken, and provided further that any amount due and payable to the Ches-
    20  ter  Union  Free school district for school years prior to the 2018-2019
    21  school year as a result of this  act  shall  be  paid  pursuant  to  the
    22  provisions of paragraph c of subdivision 5 of section 3604 of the educa-
    23  tion law.
    24    §  3.  The  education  department  is  hereby directed to consider the
    25  approved costs of the aforementioned projects as valid and proper  obli-
    26  gations  of  the  Newburgh Enlarged city school district and the Chester
    27  Union Free school district provided that such school districts:
    28    (a) submitted the late or missing final project cost  reports  to  the
    29  commissioner of education on or before December 31, 2019;
    30    (b) such cost report is approved by the commissioner of education;
    31    (c)  all state funds expended by the school district, as documented in
    32  such cost reports, were properly expended for such capital  projects  in
    33  accordance  with  the terms and conditions for such projects as approved
    34  by the commissioner of education; and
    35    (d) the failure to submit such reports in a timely manner was an inad-
    36  vertent administrative or ministerial oversight by the school  district,
    37  and  there  is no evidence of any fraudulent or other improper intent by
    38  such district.
    39    § 4. This act shall take effect immediately.