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.