Bill Text: NY S00644 | 2019-2020 | General Assembly | Amended

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Bill Title: Validates certain acts of the Islip Union Free school district with regard to certain capital improvement projects including project numbers 0003-12, 0011-007, 0011-008, 0003-013, 0007-009, 0007-010, 0007-012 and 0011-009.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2019-11-08 - VETOED MEMO.127 [S00644 Detail]

Download: New_York-2019-S00644-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         644--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to validate certain acts of the Islip 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  Islip Union Free school  district  approved  eight  capital  improvement
     3  projects  which  are  designated  as  project numbers 0003-12, 0011-007,
     4  0011-008, 0003-013, 0007-009, 0007-010,  0007-012,  and  0011-009.    In
     5  addition, the projects were eligible for certain state aid. The legisla-
     6  ture further finds that due to ministerial error, the required filing of
     7  the  final cost reports for such projects were not made by such district
     8  in a timely manner making the district ineligible for certain  aid.  The
     9  legislature further finds that without such aid, the capital improvement
    10  projects  will  impose an additional, unanticipated hardship on district
    11  taxpayers.
    12    § 2. All the acts done and proceedings heretofore  had  and  taken  or
    13  caused to be had or taken by the Islip Union Free school district and by
    14  all  its  officers or agents relating to or in connection with a certain
    15  final cost report to be filed with the state  education  department  for
    16  project   numbers   0003-12,  0011-007,  0011-008,  0003-013,  0007-009,
    17  0007-010, 0007-012, and 0011-009, and all acts  incidental  thereto  are
    18  hereby legalized, validated, ratified and confirmed, notwithstanding any
    19  failure  to comply with the approval and filing provisions of the educa-
    20  tion law or any other law or any  other  statutory  authority,  rule  or
    21  regulation, in relation to any omissions, error, defect, irregularity or
    22  illegality  in such proceedings had and taken, and provided further that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04371-04-9
        S. 644--A                           2

     1  any amount due and payable to the Islip Union Free school  district  for
     2  school  years prior to the 2015-2016 school year as a result of this act
     3  shall be paid pursuant to the provisions of paragraph c of subdivision 5
     4  of section 3604 of the education law.
     5    §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
     6  of 2013, and consistent with section one of this act,  the  commissioner
     7  of education shall not recover from the Islip Union Free school district
     8  any  penalty  arising from the late filing of a final cost report for an
     9  approved capital construction project designated by  the  department  of
    10  education  as  project  numbers  0003-12,  0011-007, 0011-008, 0003-013,
    11  0007-009, 0007-010, 0007-012, and 0011-009 pursuant  to  section  31  of
    12  part  A  of  chapter  57  of the laws of 2012, provided that any amounts
    13  already so recovered shall be deemed a payment of moneys due  for  prior
    14  years  pursuant  to  paragraph c of subdivision 5 of section 3604 of the
    15  education law and shall be paid to the Islip Union Free school  district
    16  pursuant to such provision, provided that such school district:
    17    (a)  submitted  the  late or missing final building cost report to the
    18  commissioner of education;
    19    (b) such cost report is approved by the commissioner of education;
    20    (c) all state funds expended by the school district, as documented  in
    21  such  cost  report,  were properly expended for such building project in
    22  accordance with the terms and conditions for such project as approved by
    23  the commissioner of education; and
    24    (d) the failure to submit such report in a timely manner was an  inad-
    25  vertent  administrative or ministerial oversight by the school district,
    26  and there is no evidence of any fraudulent or other improper  intent  by
    27  such district.
    28    § 4. This act shall take effect immediately.