S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7056
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  to  validate  certain acts of the Newburgh Enlarged city school
   district and the Chester 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
 Newburgh  Enlarged  city  school  district  approved capital improvement
 projects  which  are  designated  as  project  numbers  441600-0003-010,
 441600-0006-006,   441600-0009-004,   441600-0010-004,  441600-0018-002,
 441600-0018-004,  441600-0022-001,   441600-0023-005,   441600-0035-007,
 441600-0036-007  and  441600-0001-011.    The legislature further hereby
 finds that the Chester Union Free school district approved  two  capital
 improvement   projects   which   are   designated   as  project  numbers
 44020102-0001-005 and 44020102-0009-001.  In addition, the projects were
 eligible for certain state aid. The legislature finds that due to minis-
 terial error, the required filing of the final  cost  reports  for  such
 projects  were  not made by such districts in a timely manner making the
 districts ineligible for certain aid. The legislature further finds that
 without such aid, the capital improvement projects will impose an  addi-
 tional, unanticipated hardship on the district's taxpayers.
   §  2. a. All the acts done and proceedings heretofore had and taken or
 caused to be had or taken by the Newburgh Enlarged city 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 numbers 441600-0003-010, 441600-0006-006, 441600-0009-
 004, 441600-0010-004, 441600-0018-002, 441600-0018-004, 441600-0022-001,
 441600-0023-005, 441600-0035-007, 441600-0036-007  and  441600-0001-011,
 and  all  acts incidental thereto are hereby legalized, validated, rati-
 fied and confirmed, notwithstanding  any  failure  to  comply  with  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07879-01-9

 A. 7056                             2
 
 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 Newburgh Enlarged city school district for school years prior to the
 2018-2019 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.
   b. All the acts done and  proceedings  heretofore  had  and  taken  or
 caused  to be had or taken by the Chester 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 depart-
 ment for project numbers 44020102-0001-005  and  44020102-0009-001,  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 Ches-
 ter  Union  Free school district for school years prior to the 2018-2019
 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.
   §  3.  The  education  department  is  hereby directed to consider the
 approved costs of the aforementioned projects as valid and proper  obli-
 gations  of  the  Newburgh Enlarged city school district and the Chester
 Union Free school district provided that such school districts:
   (a) submitted the late or missing final project cost  reports  to  the
 commissioner of education on or before December 31, 2019;
   (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.