Bill Text: NY S09009 | 2017-2018 | General Assembly | Introduced

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Bill Title: Validates certain acts of the Newburgh Enlarged city school district with regard to capital improvement projects and provides for payment of state aid for such projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-13 - REFERRED TO RULES [S09009 Detail]

Download: New_York-2017-S09009-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9009
                    IN SENATE
                                      June 13, 2018
                                       ___________
        Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to validate certain acts of the  Newburgh  Enlarged  city  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  Newburgh  Enlarged  city  school  district  approved capital improvement
     3  projects  which  are  designated  as  project  numbers  441600-0003-010,
     4  441600-0006-006,   441600-0009-004,   441600-0010-004,  441600-0018-002,
     5  441600-0018-004,  441600-0022-001,   441600-0023-005,   441600-0035-007,
     6  441600-0036-007  and  441600-0001-011.    In addition, the projects were
     7  eligible for certain state aid. The legislature further finds  that  due
     8  to  ministerial error, the required filing of the final cost reports for
     9  such projects were not made by such district in a timely  manner  making
    10  the  district  ineligible for certain aid. The legislature further finds
    11  that without such aid, the capital improvement projects will  impose  an
    12  additional, unanticipated hardship on district taxpayers.
    13    §  2.  All  the  acts done and proceedings heretofore had and taken or
    14  caused to be had or taken by the Newburgh Enlarged city school  district
    15  and  by  all  its officers or agents relating to or in connection with a
    16  certain final cost report to be filed with the state  education  depart-
    17  ment  for project numbers 441600-0003-010, 441600-0006-006, 441600-0009-
    18  004, 441600-0010-004, 441600-0018-002, 441600-0018-004, 441600-0022-001,
    19  441600-0023-005, 441600-0035-007, 441600-0036-007  and  441600-0001-011,
    20  and  all  acts incidental thereto are hereby legalized, validated, rati-
    21  fied and confirmed, notwithstanding  any  failure  to  comply  with  the
    22  approval  and filing provisions of the education law or any other law or
    23  any other statutory authority, rule or regulation, in  relation  to  any
    24  omissions, error, defect, irregularity or illegality in such proceedings
    25  had  and  taken, and provided further that any amount due and payable to
    26  the Newburgh Enlarged city school district for school years prior to the
    27  2017-2018 school year as a result of this act shall be paid pursuant  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16273-01-8
        S. 9009                             2
     1  the  provisions  of  paragraph c of subdivision 5 of section 3604 of the
     2  education law.
     3    §  3.  The  education  department  is  hereby directed to consider the
     4  approved costs of the aforementioned projects as valid and proper  obli-
     5  gations of the Newburgh Enlarged city school district provided that such
     6  school district:
     7    (a)  submitted  the  late or missing final project cost reports to the
     8  commissioner of education on or before December 31, 2018;
     9    (b) such cost report is approved by the commissioner of education;
    10    (c) all state funds expended by the school district, as documented  in
    11  such  cost  reports, were properly expended for such capital projects in
    12  accordance with the terms and conditions for such projects  as  approved
    13  by the commissioner of education; and
    14    (d) the failure to submit such reports in a timely manner was an inad-
    15  vertent  administrative or ministerial oversight by the school district,
    16  and there is no evidence of any fraudulent or other improper  intent  by
    17  such district.
    18    § 4. This act shall take effect immediately.