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S01798 Summary:

S01798 Actions:

S01798 Committee Votes:

S01798 Floor Votes:

S01798 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1798
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2021
                                       ___________
 
        Introduced  by  Sens. BORRELLO, BOYLE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Education
 
        AN ACT to legalize, validate, ratify and  confirm  the  actions  of  the
          Panama  central  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 Panama 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,  2012,  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  of  education  shall not recover from the Panama central school district
    16  any penalty arising from the late filing of a final cost report pursuant
    17  to section 31 of part A of chapter 57 of the laws of 2012, provided that
    18  any amounts already so recovered shall be deemed a payment of moneys due
    19  for prior years pursuant to paragraph c of subdivision 5 of section 3604
    20  of the education law and shall be paid  to  the  Panama  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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04323-01-1
        S. 1798                             2
 
     1    (c) all state funds expended by the school district, as documented  in
     2  such  cost  report,  were properly expended for such building project in
     3  accordance with the terms and conditions for such project as approved by
     4  the commissioner of education; and
     5    (d)  the failure to submit such report in a timely manner was an inad-
     6  vertent administrative or ministerial oversight by the school  district,
     7  and  there  is no evidence of any fraudulent or other improper intent by
     8  such district.
     9    § 3. This act shall take effect immediately.