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