STATE OF NEW YORK
________________________________________________________________________
3039
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee 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 2018--2019 school year and for contracts and contract exten-
8 sions entered into prior to the 2018--2019 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
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.
LBD02439-02-9
A. 3039 2
1 number or numbers, school year and upon request, a copy of the contract,
2 on or before December 31, 2019 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 2018--2019 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.
