S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7054
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to validate certain acts of the Hendrick  Hudson  central  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
 Hendrick Hudson central school district approved two capital improvement
 projects  which  are  designated  as  project  numbers  660203-0001-018,
 660203-0001-019,  660203-0002-012,   660203-0002-013,   660203-0006-008,
 660203-0006-009,  660203-0007-009,  660203-0008-010 and 660203-5005-005,
 and as project number 660203-7999-005.  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 Hendrick Hudson central 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 660203-0001-018, 660203-0001-019, 660203-0002-
 012, 660203-0002-013, 660203-0006-008, 660203-0006-009, 660203-0007-009,
 660203-0008-010 and 660203-5005-005, and project number 660203-7999-005,
 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  Hendrick  Hudson  central school district for school years prior to
 the 2017-2018 school year as a result of this act shall be paid pursuant
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06800-03-7

 S. 7054                             2
 
 to 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  Hendrick  Hudson central 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.