S T A T E   O F   N E W   Y O R K
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                                  9894

                          I N  A S S E M B L Y

                             April 22, 2016
                               ___________

Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
  Committee on Education

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:

  Section 1. Legislative intent. The legislature hereby finds  that  the
Islip  Union  Free school district approved thirteen capital improvement
projects which are designated  as  project  numbers  0003-12,  0011-007,
0011-008,  0003-013,  0007-009,  0007-010, 0007-012, 0011-009, 0002-008,
0003-014, 0007-011, 0008-010, and 0011-010. In  addition,  the  projects
were  eligible for certain state aid. The legislature further finds that
due to ministerial error, the required filing of the final cost  reports
for  such  projects  were  not  made by such district in a timely manner
making the district ineligible for certain aid. The legislature  further
finds  that  without  such  aid,  the  capital improvement projects will
impose an additional, unanticipated hardship on district taxpayers.
  S 2. All the acts done and proceedings heretofore  had  and  taken  or
caused to be had or taken by the Islip Union Free school district and by
all  its  officers or agents relating to or in connection with a certain
final cost report to be filed with the state  education  department  for
project   numbers   0003-12,  0011-007,  0011-008,  0003-013,  0007-009,
0007-010, 0007-012, 0011-009, 0002-008,  0003-014,  0007-011,  0008-010,
and  0011-010,  and  all  acts  incidental thereto are hereby legalized,
validated, ratified and confirmed, notwithstanding any failure to comply
with the approval and filing provisions of  the  education  law  or  any
other  law  or  any  other  statutory  authority, rule or regulation, in
relation to any omissions, error, defect, irregularity or illegality  in
such proceedings had and taken, and provided further that any amount due
and  payable  to  the  Islip Union Free school district for school years
prior to the 2015-2016 school year as a result of this act shall be paid
pursuant to the provisions of paragraph c of subdivision  5  of  section
3604 of the education law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15066-01-6
              

A. 9894                             2

  S  3.  The  education  department  is  hereby directed to consider the
approved costs of the aforementioned projects as valid and proper  obli-
gations  of  the  Islip  Union  Free  school district provided that such
school district:
  (a)  submitted  the  late or missing final project cost reports to the
commissioner of education on or before December 31, 2012;
  (b) such cost report is approved by the commissioner of education;
  (c) all state funds expended by the school district, as documented  in
such  cost  reports, were properly expended for such capital projects in
accordance with the terms and conditions for such projects  as  approved
by the commissioner of education; and
  (d) the failure to submit such reports in a timely manner was an inad-
vertent  administrative or ministerial oversight by the school district,
and there is no evidence of any fraudulent or other improper  intent  by
such district.
  S 4. This act shall take effect immediately.