Legalizes, validates, ratifies and confirms the actions of the Spackenkill union free school district regardless of the failure of such district to timely file final building cost reports.
STATE OF NEW YORK
________________________________________________________________________
1239--A
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
___________
Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to legalize, validate, ratify and confirm the actions of the
Spackenkill union free school district notwithstanding the failure to
timely file final building cost reports 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 Spackenkill union free school district and by any
4 of its officers or agents relating to or in connection with final build-
5 ing cost reports for an approved capital construction project designated
6 by the department of education as project number 0-005-016 completed
7 prior to December 31, 2012, and all acts incidental thereto are hereby
8 legalized, validated, ratified and confirmed, notwithstanding any fail-
9 ure to comply with the time requirements for the approval and filing
10 provisions of the education law or any other provision of law, rule or
11 regulation, relating to any omissions, error, defect, irregularity or
12 illegality in such proceedings had and 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 Spackenkill union free school district any
16 penalty arising from the late filing of a final cost report for an
17 approved capital construction project designated by the department of
18 education as project number 0-005-016 pursuant to section 31 of part A
19 of chapter 57 of the laws of 2012, provided that any amounts already so
20 recovered shall be deemed a payment of moneys due for prior years pursu-
21 ant to paragraph c of subdivision 5 of section 3604 of the education law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00017-03-9
S. 1239--A 2
1 and shall be paid to the Spackenkill union free school district pursuant
2 to such provision, provided that such school district:
3 (a) submitted the late or missing final building cost report to the
4 commissioner of education;
5 (b) such cost report is approved by the commissioner of education;
6 (c) all state funds expended by the school district, as documented in
7 such cost report, were properly expended for such building project in
8 accordance with the terms and conditions for such project as approved by
9 the commissioner of education; and
10 (d) the failure to submit such report in a timely manner was an inad-
11 vertent administrative or ministerial oversight by the school district,
12 and there is no evidence of any fraudulent or other improper intent by
13 such district.
14 § 3. This act shall take effect immediately.
