Validates certain acts by the Roscoe central school district in connection with final building cost reports required to be filed with the education department.
STATE OF NEW YORK
________________________________________________________________________
10454
IN ASSEMBLY
April 23, 2018
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Education
AN ACT relating to validating certain acts by the Roscoe central school
district relating to final building cost reports required to be filed
with the education department
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law to the contrary,
2 all acts done and proceedings heretofore had and taken, or caused to be
3 had or taken, by the Roscoe central school district and by any of its
4 officers or agents relating to or in connection with final building cost
5 reports required to be filed with the education department for approved
6 building projects completed prior to December 31, 2017, and all acts
7 incidental thereto are hereby legalized, validated, ratified and
8 confirmed, notwithstanding any failure to comply with the time require-
9 ments for the approval and filing provisions of the education law or any
10 other provision of law, rule or regulation, relating to any omissions,
11 error, defect, irregularity or illegality in such proceedings had and
12 taken.
13 § 2. Notwithstanding section 24-a of part A of chapter 57 of the laws
14 of 2013, and consistent with section one of this act, the commissioner
15 shall not recover from the Roscoe central school district any penalty
16 arising from the late filing of a final cost report pursuant to section
17 31 of part A of chapter 57 of the laws of 2012, provided that any
18 amounts already so recovered shall be deemed a payment of moneys due for
19 prior years pursuant to paragraph c of subdivision 5 of section 3604 of
20 the education law and shall be paid to the Roscoe central school
21 district pursuant to such provision, provided that such school district:
22 (a) submitted the late or missing final building cost report to the
23 commissioner of education;
24 (b) such cost report is approved by the commissioner of education;
25 (c) all state funds expended by the school district, as documented in
26 such cost report, were properly expended for such building project in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15164-01-8
A. 10454 2
1 accordance with the terms and conditions for such project as approved by
2 the commissioner of education; and
3 (d) the failure to submit such report in a timely manner was an inad-
4 vertent administrative or ministerial oversight by the school district,
5 and there is no evidence of any fraudulent or other improper intent by
6 such district.
7 § 3. This act shall take effect immediately.
