S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10943
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to legalize, validate, ratify and  confirm  the  actions  of  the
   Spackenkill  union free 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:
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 all  acts done and proceedings heretofore had and taken, or caused to be
 had or taken, by the Spackenkill union free school district and  by  any
 of its officers or agents relating to or in connection with final build-
 ing  cost reports required to be filed with the education department for
 approved building projects completed prior to December 31, 2012, and all
 acts incidental thereto are hereby legalized,  validated,  ratified  and
 confirmed,  notwithstanding any failure to comply with the time require-
 ments for the approval and filing provisions of the education law or any
 other provision of law, rule or regulation, relating to  any  omissions,
 error,  defect,  irregularity  or illegality in such proceedings had and
 taken.
   § 2. Notwithstanding section 24-a of part A of chapter 57 of the  laws
 of  2013,  and consistent with section one of this act, the commissioner
 shall not recover from the Spackenkill union free  school  district  any
 penalty  arising from the late filing of a final cost report pursuant to
 section 31 of part A of chapter 57 of the laws of  2012,  provided  that
 any amounts already so recovered shall be deemed a payment of moneys due
 for prior years pursuant to paragraph c of subdivision 5 of section 3604
 of  the  education  law  and shall be paid to the Spankenkill union free
 school district pursuant to such provision, provided  that  such  school
 district:
   (a)  submitted  the  late or missing final building cost report to the
 commissioner of education;
   (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  report,  were properly expended for such building project in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15760-01-8

 A. 10943                            2
 
 accordance with the terms and conditions for such project as approved by
 the commissioner of education; and
   (d)  the failure to submit such report 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.
   § 3. This act shall take effect immediately.