S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  644--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT to validate certain acts of the Islip 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
 Islip Union Free school  district  approved  eight  capital  improvement
 projects  which  are  designated  as  project numbers 0003-12, 0011-007,
 0011-008, 0003-013, 0007-009, 0007-010,  0007-012,  and  0011-009.    In
 addition, the projects were eligible for certain state aid. The legisla-
 ture 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
 legislature 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 Islip 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  department  for
 project   numbers   0003-12,  0011-007,  0011-008,  0003-013,  0007-009,
 0007-010, 0007-012, and 0011-009, 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 educa-
 tion 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04371-04-9

 S. 644--A                           2
 
 any amount due and payable to the Islip Union Free school  district  for
 school  years prior to the 2015-2016 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
 of education shall not recover from the Islip 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  numbers  0003-12,  0011-007, 0011-008, 0003-013,
 0007-009, 0007-010, 0007-012, and 0011-009 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  pursuant  to  paragraph c of subdivision 5 of section 3604 of the
 education law and shall be paid to the Islip Union Free 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.