S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7762
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2019
                                ___________
 
 Introduced by M. of A. BYRNES -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  validate  certain  acts  of the Mount Morris 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
 Mount Morris central school district approved  two  capital  improvement
 projects  which are designated as project number 0001-005 and as project
 number 0001-006. In addition, 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 legislature further finds that without such aid,
 the capital improvement projects will  impose  an  additional,  unantic-
 ipated hardship on district taxpayers.
   §  2.  All  the  acts done and proceedings heretofore had and taken or
 caused to be had or taken by the Mount Morris  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  depart-
 ment  for  project  number 0001-005 and project number 0001-006, 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 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, and provided further that any amount due and payable to the Mount
 Morris  central  school district for school years prior to the 2014-2015
 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 educa-
 tion law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03649-01-9

 A. 7762                             2
 
   §  3.  The  education  department  is  hereby directed to consider the
 approved costs of the aforementioned projects as valid and proper  obli-
 gations  of  the Mount Morris central school district provided that such
 school district:
   (a)  submitted  the  late or missing final project cost reports to the
 commissioner of education on or before December 31, 2012;
   (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  reports, were properly expended for such capital projects in
 accordance with the terms and conditions for such projects  as  approved
 by the commissioner of education; and
   (d) the failure to submit such reports 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.