Bill Text: NY S05754 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Relates to claims resulting from late filing of final cost reports.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S05754 Detail]

Download: New_York-2011-S05754-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5754
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 14, 2011
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the education law, in relation to claims resulting  from
         late filing of final cost reports by school districts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section  3604  of  the  education  law  is
    2  amended by adding a new paragraph b-1 to read as follows:
    3    B-1.    CLAIMS  RESULTING  FROM LATE FILING OF FINAL COST REPORTS. ANY
    4  PAYMENT WHICH WOULD BE DUE PURSUANT TO SUBDIVISION  SIX,  SIX-A,  SIX-B,
    5  SIX-C,  SIX-E  OR  SIX-F  OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART
    6  SHALL NOT BE BARRED DUE TO A MINISTERIAL FAILURE ON THE PART OF A SCHOOL
    7  DISTRICT IN FILING THE FINAL COST REPORT, PROVIDED THAT, COMMENCING JULY
    8  FIRST, TWO THOUSAND ELEVEN, WHERE SUCH FINAL COST REPORT  HAS  NOT  BEEN
    9  FILED  WITH THE COMMISSIONER WITHIN ONE YEAR AFTER JUNE THIRTIETH OF THE
   10  SCHOOL YEAR IN WHICH SUCH FINAL COST REPORT MUST HAVE BEEN SUBMITTED  TO
   11  THE  COMMISSIONER,  THE  GAP ELIMINATION ADJUSTMENT COMPUTED PURSUANT TO
   12  SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART FOR
   13  SUCH DISTRICT FOR THE SUCCEEDING SCHOOL YEAR SHALL BE  INCREASED  BY  AN
   14  AMOUNT EQUAL TO TEN PERCENT OF THE PRODUCT OF THE APPROVED COST FOR SUCH
   15  PROJECT  MULTIPLIED BY THE BUILDING AID RATIO SELECTED PURSUANT TO PARA-
   16  GRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX  HUNDRED  TWO  OF  THIS
   17  PART.
   18    S  2.  Paragraph  a of subdivision 17 of section 3602 of the education
   19  law, as added by section 37 of part A of chapter 58 of the laws of 2011,
   20  is amended to read as follows:
   21    a. Notwithstanding any other provision of law  to  the  contrary,  the
   22  commissioner  shall  reduce  payments  due  to each district for the two
   23  thousand eleven--two thousand twelve school year and thereafter pursuant
   24  to section thirty-six hundred nine-a of this [article] PART by an amount
   25  equal to the SUM OF THE gap elimination  adjustment  computed  for  such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13144-01-1
       S. 5754                             2
    1  district  PURSUANT  TO  PARAGRAPHS  B AND C OF THIS SUBDIVISION PLUS ANY
    2  PENALTY TO BE ADDED PURSUANT TO PARAGRAPH B-1  OF  SUBDIVISION  FIVE  OF
    3  SECTION  THIRTY-SIX  HUNDRED FOUR OF THIS PART, and such amount shall be
    4  deducted  from  moneys  apportioned  for  the  purposes of payments made
    5  pursuant to [such] section thirty-six hundred nine-a OF THIS PART and if
    6  the reduction is greater than the sum of the amounts available for  such
    7  deductions,  the  remainder  of  the  reduction  shall  be withheld from
    8  payments scheduled to be made to the district pursuant to section  thir-
    9  ty-six  hundred  nine-a  OF THIS PART for the following school year, and
   10  provided further that an amount equal to the amount  of  such  deduction
   11  shall  be  deemed  to  have  been  paid to the district pursuant to this
   12  section for the school year in which such deduction is made. The commis-
   13  sioner shall compute such gap elimination adjustment and shall provide a
   14  schedule of such reduction in payments to  the  state  comptroller,  the
   15  director  of  the  budget, the chair of the senate finance committee and
   16  the chair of the assembly ways and means committee.
   17    S 3. This act shall take effect July 1, 2011; provided that if section
   18  37 of part A of chapter 58 of the laws of  2011  shall  not  have  taken
   19  effect  on  such date, then section two of this act shall take effect on
   20  the same date and in the same manner as such chapter of the laws of 2011
   21  takes effect.