Senate Bill S1388

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1388
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend chapter 57 of the laws of 2012 enacting into  law  major
   components  of legislation necessary to implement the education, labor
   and family assistance budget, in relation to  legalizing,  validating,
   ratifying  and  confirming  certain  actions  or omissions relating to
   certain transportation contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1 and 2 of section 16-a of part A of chapter
 57 of the laws of 2012, enacting into law  major  components  of  legis-
 lation necessary to implement the education, labor and family assistance
 budget, are amended to read as follows:
   1.  Notwithstanding  any other provision of law to the contrary, where
 the education department denies or has denied transportation aid  for  a
 school district transportation contract or has recovered overpayments of
 such  aid  relating  thereto,  the actions or omissions of all officers,
 employees or agents of an eligible school district  relating  to  or  in
 connection  with  transportation  contracts  for the 2004-05 school year
 through the [2011-12] 2017-18 school year and for contracts and contract
 extensions entered into prior to the [2004-05] 2017-18 school  year  for
 which  expenses  were incurred in the 2004-05 school year or thereafter,
 and, where a district can demonstrate to the satisfaction of the commis-
 sioner OF EDUCATION that such actions or omissions  involve  only  inad-
 vertent  and  minor  clerical  or  technical errors, all acts incidental
 thereto  are  hereby  legalized,  validated,  ratified  and   confirmed,
 notwithstanding  any failure to comply with the filing provisions of the
 education law, the general municipal law or any other law, rule or regu-
 lation other than those filing provisions  defined  in  paragraph  a  of
 subdivision  5  of section 3604 of the education law, in relation to any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07094-01-9
              

 S. 1388                             2
 
 omission, error, defect, irregularity or illegality in  such  proceeding
 had and taken.
   2.  The  education  department  is  hereby  directed  to  consider the
 contracts legalized,  ratified,  validated  and  confirmed  pursuant  to
 subdivision  1  of  this  section  for transportation aid as a valid and
 proper obligation of the school district for  aid  payable  for  expense
 incurred  in  the 2004-05 school year and thereafter; provided that such
 school district submits  to  the  education  department  the  applicable
 contract  number or numbers, school year and upon request, a copy of the
 contract, on or before December 31, [2012]  2018  and  the  contract  is
 approved by the commissioner of education, and provided further that any
 amount  due  and payable for school years prior to the [2012-13] 2017-18
 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.
   § 2. This act shall take effect immediately.