Bill Text: NY A11175 | 2017-2018 | General Assembly | Introduced

Bill Title: Validates certain acts of the Chester Union Free school district with regard to two capital improvement projects and provides for payment of state aid for such projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-12-28 - tabled [A11175 Detail]

Download: New_York-2017-A11175-Introduced.html

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      June 12, 2018
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Skoufis) --
          read once and referred to the Committee on Education
        AN ACT to validate  certain  acts  of  the  Chester  Union  Free  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  Chester  Union  Free  school  district  approved two capital improvement
     3  projects which are designated as project numbers  44020102-0001-005  and
     4  44020102-0009-001.  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 Chester Union Free school district and
    13  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 numbers 44020102-0001-005  and  44020102-0009-001,  and
    16  all  acts  incidental  thereto are hereby legalized, validated, ratified
    17  and confirmed, notwithstanding any failure to comply with  the  approval
    18  and 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 Ches-
    22  ter  Union  Free school district for school years prior to the 2017-2018
    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.
    26    §  3.  The  education  department  is  hereby directed to consider the
    27  approved costs of the aforementioned projects as valid and proper  obli-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 11175                            2
     1  gations  of  the  Chester  Union Free school district provided that such
     2  school district:
     3    (a)  submitted  the  late or missing final project cost reports to the
     4  commissioner of education on or before December 31, 2018;
     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  reports, were properly expended for such capital projects in
     8  accordance with the terms and conditions for such projects  as  approved
     9  by the commissioner of education; and
    10    (d) the failure to submit such reports 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    § 4. This act shall take effect immediately.