STATE OF NEW YORK
________________________________________________________________________
6773--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 19, 2019
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Education -- reported and referred to the Committee on Ways and
Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT in relation to authorizing the Liverpool central school district
to receive state aid for certain approved capital funded 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 Liverpool central school district approved capital improvement projects
3 which were designated by the state education department as project
4 number 0001-003, 0001-005, 0002-007, 0003-003, 0003-005, 0004-005,
5 0005-006, 0007-003, 0009-004, 0009-006, 0010-005, 0010-007, 0012-003,
6 0014-005, 0015-003, 0016-007, 0016-010, 0016-011, 0018-008, 0018-010,
7 0019-007, 0024-004, 4011-001, 5008-002. In addition, the projects were
8 eligible for certain state aid. The legislature further finds that due
9 to ministerial error, a required filing for eligibility for such aid was
10 not made by the district in a timely manner making the district ineligi-
11 ble for certain aid. The legislature further finds that without such
12 aid, the capital improvement projects will impose an additional, unan-
13 ticipated hardship on district taxpayers.
14 § 2. All the acts done and proceedings heretofore had and taken or
15 caused to be had and taken by the Liverpool central school district and
16 by all its officers or agents relating to or in connection with certain
17 final cost reports to be filed with the state education department for
18 projects 0001-003, 0001-005, 0002-007, 0003-003, 0003-005, 0004-005,
19 0005-006, 0007-003, 0009-004, 0009-006, 0010-005, 0010-007, 0012-003,
20 0014-005, 0015-003, 0016-007, 0016-010, 0016-011, 0018-008, 0018-010,
21 0019-007, 0024-004, 4011-001, 5008-002, and all acts incidental thereto
22 are hereby legalized, validated, ratified and confirmed, notwithstanding
23 any failure to comply with the approval and filing provisions of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10774-02-9
A. 6773--A 2
1 education law or any other law or any other statutory authority, rule or
2 regulation, in relation to any omissions, error, defect, irregularity or
3 illegality in such proceedings had and taken.
4 § 3. Notwithstanding section 24-a of part A of chapter 57 of the laws
5 of 2013, and consistent with section two of this act, the commissioner
6 of education shall not recover from the Liverpool central school
7 district any penalty arising from the late filing of a final cost report
8 pursuant to section 31 of part A of chapter 57 of the laws of 2012,
9 provided that any amounts already so recovered shall be deemed a payment
10 of moneys due for prior years pursuant to paragraph c of subdivision 5
11 of section 3604 of the education law and shall be paid to the Liverpool
12 central school district pursuant to such provision, provided that such
13 school district:
14 (a) submitted the late or missing final building cost report to the
15 commissioner of education;
16 (b) such cost report is approved by the commissioner of education;
17 (c) all state funds expended by the school district, as documented in
18 such cost report, were properly expended for such building project in
19 accordance with the terms and conditions for such project as approved by
20 the commissioner of education; and
21 (d) the failure to submit such report in a timely manner was an inad-
22 vertent administrative or ministerial oversight by the school district,
23 and there is no evidence of any fraudulent or other improper intent by
24 such district.
25 § 4. The department of education is hereby directed to consider the
26 approved costs of the projects set forth in this act as valid and proper
27 obligations of the Liverpool central school district.
28 § 5. This act shall take effect immediately.
