STATE OF NEW YORK
        ________________________________________________________________________
                                          4333
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 7, 2019
                                       ___________
        Introduced  by  Sen. METZGER -- 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
          Monticello  central  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 Monticello 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, 2012, 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 Monticello central school district any penal-
    16  ty arising from the late filing of a final cost report for  an  approved
    17  capital  construction  pursuant to section 31 of part A of chapter 57 of
    18  the laws of 2012, provided that any amounts already so  recovered  shall
    19  be  deemed a payment of moneys due for prior years pursuant to paragraph
    20  c of subdivision 5 of section 3604 of the education  law  and  shall  be
    21  paid  to  the  Monticello central school district pursuant to such para-
    22  graph, provided that such school district:
    23    (a) submitted the late or missing final building cost  report  to  the
    24  commissioner of education;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09895-01-9
        S. 4333                             2
     1    (b) such cost report is approved by the commissioner of education;
     2    (c)  all state funds expended by the school district, as documented in
     3  such cost report, were properly expended for such  building  project  in
     4  accordance with the terms and conditions for such project as approved by
     5  the commissioner of education; and
     6    (d)  the failure to submit such report in a timely manner was an inad-
     7  vertent administrative or ministerial oversight by the school  district,
     8  and  there  is no evidence of any fraudulent or other improper intent by
     9  such district.
    10    § 3. This act shall take effect immediately.