S T A T E O F N E W Y O R K
________________________________________________________________________
6673
2019-2020 Regular Sessions
I N A S S E M B L Y
March 14, 2019
___________
Introduced by M. of A. SCHMITT -- read once and referred to the Commit-
tee 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06641-01-9
A. 6673 2
the Newburgh Enlarged city school district for school years prior to the
2018-2019 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.
§ 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, 2019;
(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.