S T A T E   O F   N E W   Y O R K
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                                  4963--A
     Cal. No. 1016
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT relating to validating certain acts by the Pearl River union free
   school district relating to final building cost reports required to be
   filed with the state 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 Pearl River union free school district and by any
 of its officers or agents relating to or in connection with final build-
 ing cost reports required to be filed with the state  education  depart-
 ment  for  approved  building  projects  completed prior to December 31,
 2017, including, but not limited to contracts 0002-008, 0002-009,  0003-
 010, 0009-014, 0009-015, 0010-007, 0010-008, 0011-012, 0011-014, 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 Pearl River 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08370-03-1

 S. 4963--A                          2
 
 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  Pearl
 River  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;
   (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.