S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5794--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sens.  MAY, ANTONACCI -- 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 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.
              

                                                            LBD10774-03-9

 S. 5794--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.