S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11174
 
                           I N  A S S E M B L Y
 
                               June 12, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Skoufis) --
   read once and referred to the Committee on Education
 
 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:

   Section 1. Legislative intent. The legislature hereby finds  that  the
 Newburgh  Enlarged  city  school  district  approved capital improvement
 projects  which  are  designated  as  project  numbers  441600-0003-010,
 441600-0006-006,   441600-0009-004,   441600-0010-004,  441600-0018-002,
 441600-0018-004,  441600-0022-001,   441600-0023-005,   441600-0035-007,
 441600-0036-007  and  441600-0001-011.    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.
   §  2.  All  the  acts done and proceedings heretofore had and taken or
 caused to be had or taken by the Newburgh Enlarged city 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  depart-
 ment  for project numbers 441600-0003-010, 441600-0006-006, 441600-0009-
 004, 441600-0010-004, 441600-0018-002, 441600-0018-004, 441600-0022-001,
 441600-0023-005, 441600-0035-007, 441600-0036-007  and  441600-0001-011,
 and  all  acts incidental thereto are hereby legalized, validated, rati-
 fied 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 Newburgh Enlarged city school district for school years prior to the
 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

 A. 11174                            2
 
 the  provisions  of  paragraph c of subdivision 5 of section 3604 of the
 education law.
   §  3.  The  education  department  is  hereby directed to consider the
 approved costs of the aforementioned projects as valid and proper  obli-
 gations of the Newburgh Enlarged city 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, 2018;
   (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.
   § 4. This act shall take effect immediately.