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S05649 Summary:

S05649 Actions:

S05649 Committee Votes:

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S05649 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5649
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       May 9, 2019
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to validate certain acts  of  the  Mount  Morris  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  Mount  Morris  central  school district approved two capital improvement
     3  projects which are designated as project number 0001-005 and as  project
     4  number  0001-006.  In  addition,  the projects were eligible for certain
     5  state aid. The legislature further finds that due to ministerial  error,
     6  the required filing of the final cost reports for such projects were not
     7  made  by such district in a timely manner making the district ineligible
     8  for certain aid. The legislature further finds that  without  such  aid,
     9  the  capital  improvement  projects  will impose an additional, unantic-
    10  ipated hardship on district taxpayers.
    11    § 2. All the acts done and proceedings heretofore  had  and  taken  or
    12  caused  to  be  had or taken by the Mount Morris central school district
    13  and by all its officers or agents relating to or in  connection  with  a
    14  certain  final  cost report to be filed with the state education depart-
    15  ment for project number 0001-005 and project number  0001-006,  and  all
    16  acts  incidental  thereto  are hereby legalized, validated, ratified and
    17  confirmed, notwithstanding any failure to comply with the  approval  and
    18  filing  provisions  of  the  education law or any other law or any other
    19  statutory authority, rule or regulation, in relation to  any  omissions,
    20  error,  defect,  irregularity  or illegality in such proceedings had and
    21  taken, and provided further that any amount due and payable to the Mount
    22  Morris central school district for school years prior to  the  2014-2015
    23  school  year  as  a  result  of  this  act shall be paid pursuant to the
    24  provisions of paragraph c of subdivision 5 of section 3604 of the educa-
    25  tion law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03649-01-9
        S. 5649                             2
 
     1    § 3. The education department  is  hereby  directed  to  consider  the
     2  approved  costs of the aforementioned projects as valid and proper obli-
     3  gations of the Mount Morris central school district provided  that  such
     4  school district:
     5    (a)  submitted  the  late or missing final project cost reports to the
     6  commissioner of education on or before December 31, 2012;
     7    (b) such cost report is approved by the commissioner of education;
     8    (c) all state funds expended by the school district, as documented  in
     9  such  cost  reports, were properly expended for such capital projects in
    10  accordance with the terms and conditions for such projects  as  approved
    11  by the commissioner of education; and
    12    (d) the failure to submit such reports in a timely manner was an inad-
    13  vertent  administrative or ministerial oversight by the school district,
    14  and there is no evidence of any fraudulent or other improper  intent  by
    15  such district.
    16    § 4. This act shall take effect immediately.