S T A T E   O F   N E W   Y O R K
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                                  4949--A
     Cal. No. 610
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 2, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Education  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- reported favorably from said committee,  ordered  to  first
   and  second  report,  ordered to a third reading, passed by Senate and
   delivered to the Assembly, recalled, vote  reconsidered,  restored  to
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 AN ACT to validate certain acts of the Mahopac 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
 Mahopac  Central  school  district  approved  eight  capital improvement
 projects which are designated as  project  numbers  0001-010,  0002-011,
 0003-004, 0004-011, 0005-011, 0006-011, 5010-007, and 7012-006. In addi-
 tion,  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 legis-
 lature  further  finds  that  without  such aid, the capital improvement
 projects will impose an additional, unanticipated hardship  on  district
 taxpayers.
   §  2.  All  the  acts done and proceedings heretofore had and taken or
 caused to be had or taken by the Mahopac 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  department  for
 project  numbers 0001-010, 0002-011, 0003-004, 0004-011, 0005-011, 0006-
 011, 5010-007, and 7012-006, and all acts incidental thereto are  hereby
 legalized,  validated, ratified and confirmed, notwithstanding any fail-
 ure to comply with the approval and filing provisions of  the  education
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11042-03-9

 S. 4949--A                          2
 
 law  or  any  other  law or any other statutory authority, rule or regu-
 lation, 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 Mahopac Central 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.
   §  3. 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 Mahopac Central 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 numbers 0001-010,  0002-011,  0003-004,  0004-011,  0005-011,
 0006-011,  5010-007,  and  7012-006  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 Mahopac Central school district pursuant to
 such provision, provided that such school district:
   (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.
   § 4. This act shall take effect immediately.