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S04949 Summary:

S04949 Actions:

S04949 Committee Votes:

S04949 Floor Votes:

S04949 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4949--A
            Cal. No. 610
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      April 2, 2019
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the  Committee  on  Education  --  reported
          favorably  from  said  committee  and  committed  to  the Committee on
          Finance -- reported favorably from said committee,  ordered  to  first
          and  second  report,  ordered to a third reading, passed by Senate and
          delivered to the Assembly, recalled, vote  reconsidered,  restored  to
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading
 
        AN ACT to validate certain acts of the Mahopac Central  school  district
          with regard to certain capital improvement 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  Mahopac  Central  school  district  approved  eight  capital improvement
     3  projects which are designated as  project  numbers  0001-010,  0002-011,
     4  0003-004, 0004-011, 0005-011, 0006-011, 5010-007, and 7012-006. In addi-
     5  tion,  the projects were eligible for certain state aid. The legislature
     6  further finds that due to ministerial error, the required filing of  the
     7  final cost reports for such projects were not made by such district in a
     8  timely manner making the district ineligible for certain aid. The legis-
     9  lature  further  finds  that  without  such aid, the capital improvement
    10  projects will impose an additional, unanticipated hardship  on  district
    11  taxpayers.
    12    §  2.  All  the  acts done and proceedings heretofore had and taken or
    13  caused to be had or taken by the Mahopac Central school district and  by
    14  all  its  officers or agents relating to or in connection with a certain
    15  final cost report to be filed with the state  education  department  for
    16  project  numbers 0001-010, 0002-011, 0003-004, 0004-011, 0005-011, 0006-
    17  011, 5010-007, and 7012-006, and all acts incidental thereto are  hereby
    18  legalized,  validated, ratified and confirmed, notwithstanding any fail-
    19  ure to comply with the approval and filing provisions of  the  education
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11042-03-9
        S. 4949--A                          2
 
     1  law  or  any  other  law or any other statutory authority, rule or regu-
     2  lation, in relation to any omissions,  error,  defect,  irregularity  or
     3  illegality  in such proceedings had and taken, and provided further that
     4  any  amount  due  and payable to the Mahopac Central school district for
     5  school years prior to the 2018-2019 school year as a result of this  act
     6  shall be paid pursuant to the provisions of paragraph c of subdivision 5
     7  of section 3604 of the education law.
     8    §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
     9  of 2013, and consistent with section one of this act,  the  commissioner
    10  shall  not  recover from the Mahopac Central school district any penalty
    11  arising from the late filing of a final  cost  report  for  an  approved
    12  capital  construction  project designated by the department of education
    13  as project numbers 0001-010,  0002-011,  0003-004,  0004-011,  0005-011,
    14  0006-011,  5010-007,  and  7012-006  pursuant to section 31 of part A of
    15  chapter 57 of the laws of 2012, provided that  any  amounts  already  so
    16  recovered shall be deemed a payment of moneys due for prior years pursu-
    17  ant to paragraph c of subdivision 5 of section 3604 of the education law
    18  and  shall  be  paid  to the Mahopac Central school district pursuant to
    19  such provision, provided that such school district:
    20    (a) submitted the late or missing final building cost  report  to  the
    21  commissioner of education;
    22    (b) such cost report is approved by the commissioner of education;
    23    (c)  all state funds expended by the school district, as documented in
    24  such cost report, were properly expended for such  building  project  in
    25  accordance with the terms and conditions for such project as approved by
    26  the commissioner of education; and
    27    (d)  the failure to submit such report in a timely manner was an inad-
    28  vertent administrative or ministerial oversight by the school  district,
    29  and  there  is no evidence of any fraudulent or other improper intent by
    30  such district.
    31    § 4. This act shall take effect immediately.