Legalizes, validates, ratifies and confirms the actions of the Huntington union free school district regardless of the failure of such district to timely file final building cost reports.
STATE OF NEW YORK
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7038
IN SENATE(Prefiled)
January 8, 2020
___________
Introduced by Sen. GAUGHRAN -- 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
Huntington 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 Huntington union free school district and by any of
4 its officers or agents relating to or in connection with final building
5 cost reports required to be filed with the education department for
6 approved building projects completed prior to December 31, 2011, and all
7 acts 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 Huntington union free school
16 district any penalty arising from the late filing of a final cost report
17 pursuant to section 31 of part A of chapter 57 of the laws of 2012,
18 provided that any amounts already so recovered shall be deemed a payment
19 of moneys due for prior years pursuant to paragraph c of subdivision 5
20 of section 3604 of the education law and shall be paid to the Huntington
21 union free school district pursuant to such provision, provided that
22 such school district:
23 (a) submitted the late or missing final building cost report to the
24 commissioner of education;
25 (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.
LBD08853-02-9
S. 7038 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.
