Senate Bill S1018

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1018
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to validate certain acts  of  the  Mount  Morris  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
 Mount  Morris  central  school district approved two capital improvement
 projects which are designated as project number 0001-005 and as  project
 number  0001-006.  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, unantic-
 ipated hardship on district taxpayers.
   § 2. All the acts done and proceedings heretofore  had  and  taken  or
 caused  to  be  had or taken by the Mount Morris 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 number 0001-005 and project number  0001-006,  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  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 Mount
 Morris central school district for school years prior to  the  2014-2015
 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 educa-
 tion law.

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

                                                            LBD03649-01-9

 S. 1018                             2
 
   § 3. The education department  is  hereby  directed  to  consider  the
 approved  costs of the aforementioned projects as valid and proper obli-
 gations of the Mount Morris 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, 2012;
   (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.