S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4069
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to legalize, validate, ratify and  confirm  the  actions  of  the
   Spackenkill  union free school district notwithstanding the failure to
   timely file final building cost reports with the education department

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 all  acts done and proceedings heretofore had and taken, or caused to be
 had or taken, by the Spackenkill union free school district and  by  any
 of its officers or agents relating to or in connection with final build-
 ing cost reports for an approved capital construction project designated
 by  the  department  of  education as project number 0-005-016 completed
 prior to December 31, 2012, and all acts incidental thereto  are  hereby
 legalized,  validated, ratified and confirmed, notwithstanding any fail-
 ure to comply with the time requirements for  the  approval  and  filing
 provisions  of  the education law or any other provision of law, rule or
 regulation, relating to any omissions, error,  defect,  irregularity  or
 illegality in such proceedings had and taken.
   §  2. 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
 shall  not  recover  from the Spackenkill 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 number 0-005-016 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 pursu-
 ant to paragraph c of subdivision 5 of section 3604 of the education law
 and shall be paid to the Spackenkill union free school district pursuant
 to such provision, provided that such school district:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00017-02-9
              

 A. 4069                             2
 
   (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.
   § 3. This act shall take effect immediately.