Bill Text: NY S07741 | 2021-2022 | General Assembly | Introduced

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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 (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-10 - REFERRED TO EDUCATION [S07741 Detail]

Download: New_York-2021-S07741-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7741

                    IN SENATE

                                    January 10, 2022
                                       ___________

        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Education

        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
    23  River union free school district pursuant to  such  provision,  provided
    24  that such school district:
    25    (a)  submitted  the  late or missing final building cost report to the
    26  commissioner of education;
    27    (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.
                                                                   LBD08370-04-2
        S. 7741                             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.