Bill Text: NY A07164 | 2021-2022 | General Assembly | Amended

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Bill Title: Validates certain acts by the Pearl River union free school district in connection with final building cost reports required to be filed with the state education department.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-06-10 - substituted by s4963a [A07164 Detail]

Download: New_York-2021-A07164-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7164--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 23, 2021
                                       ___________

        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on  Education -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        AN ACT relating to validating certain acts by the Pearl River union free
          school district relating to final building cost reports required to be
          filed with the state 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 Pearl River union free school district and  by  any
     4  of its officers or agents relating to or in connection with final build-
     5  ing  cost  reports required to be filed with the state education depart-
     6  ment for approved building projects  completed  prior  to  December  31,
     7  2017,  including, but not limited to contracts 0002-008, 0002-009, 0003-
     8  010, 0009-014, 0009-015, 0010-007, 0010-008, 0011-012, 0011-014, and all
     9  acts incidental thereto are hereby legalized,  validated,  ratified  and
    10  confirmed,  notwithstanding any failure to comply with the time require-
    11  ments for the approval and filing provisions of the education law or any
    12  other provision of law, rule or regulation, relating to  any  omissions,
    13  error,  defect,  irregularity  or illegality in such proceedings had and
    14  taken.
    15    § 2. Notwithstanding section 24-a of part A of chapter 57 of the  laws
    16  of  2013,  and consistent with section one of this act, the commissioner
    17  of education shall not recover from the Pearl River  union  free  school
    18  district any penalty arising from the late filing of a final cost report
    19  pursuant  to  section  31  of  part A of chapter 57 of the laws of 2012,
    20  provided that any amounts already so recovered shall be deemed a payment
    21  of moneys due for prior years pursuant to paragraph c of  subdivision  5
    22  of  section  3604  of  the  education law and shall be paid to the Pearl

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08370-02-1
        A. 7164--A                          2

     1  River union free school district pursuant to  such  provision,  provided
     2  that such school district:
     3    (a)  submitted  the  late or missing final building cost report to the
     4  commissioner of education;
     5    (b) such cost report is approved by the commissioner of education;
     6    (c) all state funds expended by the school district, as documented  in
     7  such  cost  report,  were properly expended for such building project in
     8  accordance with the terms and conditions for such project as approved by
     9  the commissioner of education; and
    10    (d) the failure to submit such report in a timely manner was an  inad-
    11  vertent  administrative or ministerial oversight by the school district,
    12  and there is no evidence of any fraudulent or other improper  intent  by
    13  such district.
    14    § 3. This act shall take effect immediately.