S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    208
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT relating to  legalizing,  validating,  ratifying  and  confirming
   certain  actions  or omissions relating to certain capital projects in
   school districts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  1.  Notwithstanding  any  other  provision  of law to the
 contrary, where the education department denies or has  denied  building
 aid  for a school district capital project 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 such capital projects for  the  2004--2005  school  year
 through the 2017--2018 school year and for contracts and contract exten-
 sions  entered  into  prior  to  the  2017--2018  school  year for which
 expenses were incurred in the 2004--2005 school year or thereafter, and,
 where a district can demonstrate to the satisfaction of the commissioner
 of education that such actions or omissions involve only inadvertent 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  regulation  other  than
 those  filing  provisions  defined  in  paragraph  a of subdivision 5 of
 section 3604 of the education law, in relation to any  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  one  of this section for building aid as a valid and proper
 obligation of the school district for aid payable for expenses  incurred
 in  the 2004--2005 school year and thereafter; provided that such school
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02439-01-9

 S. 208                              2
 
 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,  2019  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 2017--2018 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.
   § 2. This act shall take effect immediately.