S T A T E O F N E W Y O R K
________________________________________________________________________
2368
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. STERN -- read once and referred to the Committee
on Education
AN ACT to legalize, validate, ratify and confirm the actions of the
Huntington 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 Huntington union free school district and by any of
its officers or agents relating to or in connection with final building
cost reports required to be filed with the education department for
approved building projects completed prior to December 31, 2011, and all
acts incidental thereto are hereby legalized, validated, ratified and
confirmed, notwithstanding any failure to comply with the time require-
ments 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
of education shall not recover from the Huntington union free school
district any penalty arising from the late filing of a final cost report
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 Huntington
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05901-01-1
A. 2368 2
(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.