S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6773--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2019
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on  Education  --  reported  and referred to the Committee on Ways and
   Means -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT in relation to authorizing the Liverpool central school district
   to receive state aid for certain approved capital funded 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
 Liverpool central school district approved capital improvement  projects
 which  were  designated  by  the  state  education department as project
 number  0001-003,  0001-005,  0002-007,  0003-003,  0003-005,  0004-005,
 0005-006,  0007-003,  0009-004,  0009-006, 0010-005, 0010-007, 0012-003,
 0014-005, 0015-003, 0016-007, 0016-010,  0016-011,  0018-008,  0018-010,
 0019-007,  0024-004,  4011-001, 5008-002. In addition, the projects were
 eligible for certain state aid. The legislature further finds  that  due
 to ministerial error, a required filing for eligibility for such aid was
 not made by the district in a timely manner making the district ineligi-
 ble  for  certain  aid.  The legislature further finds that without such
 aid, the capital improvement projects will impose an  additional,  unan-
 ticipated hardship on district taxpayers.
   §  2.  All  the  acts done and proceedings heretofore had and taken or
 caused to be had and taken by the Liverpool central school district  and
 by  all its officers or agents relating to or in connection with certain
 final cost reports to be filed with the state education  department  for
 projects  0001-003,  0001-005,  0002-007,  0003-003, 0003-005, 0004-005,
 0005-006, 0007-003, 0009-004, 0009-006,  0010-005,  0010-007,  0012-003,
 0014-005,  0015-003,  0016-007,  0016-010, 0016-011, 0018-008, 0018-010,
 0019-007, 0024-004, 4011-001, 5008-002, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10774-02-9

 A. 6773--A                          2
 
 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.
   §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
 of 2013, and consistent with section two of this act,  the  commissioner
 of  education  shall  not  recover  from  the  Liverpool  central 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  Liverpool
 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. The department of education is hereby directed  to  consider  the
 approved costs of the projects set forth in this act as valid and proper
 obligations of the Liverpool central school district.
   § 5. This act shall take effect immediately.