S T A T E O F N E W Y O R K
________________________________________________________________________
1946
2021-2022 Regular Sessions
I N A S S E M B L Y
January 13, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee 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 2020--2021 school year and for contracts and contract exten-
sions entered into prior to the 2020--2021 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
district submits to the education department the applicable contract
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01539-01-1
A. 1946 2
number or numbers, school year and upon request, a copy of the contract,
on or before December 31, 2021 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 2020--2021 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.
ยง 2. This act shall take effect immediately.