S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8293
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
   Committee on Education
 
 AN ACT to validate certain acts of the Islip Union Free 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
 Islip  Union  Free  school  district  approved eight capital improvement
 projects which are designated  as  project  numbers  0003-12,  0011-007,
 0011-008,  0003-013,  0007-009,  0007-010,  0007-012, and 0011-009.   In
 addition, the projects were eligible for certain state aid. The legisla-
 ture 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 Islip Union Free 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 department for
 project  numbers  0003-12,  0011-007,  0011-008,   0003-013,   0007-009,
 0007-010,  0007-012,  and  0011-009, and all acts incidental thereto are
 hereby legalized, validated, ratified and confirmed, notwithstanding any
 failure to comply with the approval and filing provisions of the  educa-
 tion  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 Islip Union Free school district for
 school years prior to the 2015-2016 school year as a result of this  act
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04371-05-9
              

 A. 8293                             2
 
 shall be paid pursuant to the provisions of paragraph c of subdivision 5
 of section 3604 of the education law.
   §  3. 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
 of education shall not recover from the Islip Union Free school district
 any  penalty  arising from the late filing of a final cost report for an
 approved capital construction project designated by  the  department  of
 education  as  project  numbers  0003-12,  0011-007, 0011-008, 0003-013,
 0007-009, 0007-010, 0007-012, and 0011-009 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 Islip 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
 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.
   § 4. This act shall take effect immediately.