Bill Text: NY A03666 | 2019-2020 | General Assembly | Introduced

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Bill Title: Validates certain acts by the Roscoe central school district in connection with final building cost reports required to be filed with the education department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-11-08 - APPROVAL MEMO.12 [A03666 Detail]

Download: New_York-2019-A03666-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3666
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2019
                                       ___________
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Education
        AN ACT relating to validating certain acts by the Roscoe central  school
          district  relating to final building cost reports required to be filed
          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 Roscoe 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,  2017,  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  shall  not  recover  from the Roscoe central school district any penalty
    16  arising from the late filing of a final cost report pursuant to  section
    17  31  of  part  A  of  chapter  57  of the laws of 2012, provided that any
    18  amounts already so recovered shall be deemed a payment of moneys due for
    19  prior years pursuant to paragraph c of subdivision 5 of section 3604  of
    20  the  education  law  and  shall  be  paid  to  the Roscoe 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.
                                                                   LBD08764-01-9
        A. 3666                             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.