Bill Text: NY S07697 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to timely payment of apportioned state monies for reimbursement of certain nonpublic schools for expenses in complying with certain reporting requirements.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-06-14 - REFERRED TO RULES [S07697 Detail]

Download: New_York-2011-S07697-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7697
                                   I N  S E N A T E
                                     June 14, 2012
                                      ___________
       Introduced  by  Sen.  O'MARA -- 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 the timely payment  of
         apportioned  state  monies  for the reimbursement of certain nonpublic
         schools for their expenses in complying with  certain  state  require-
         ments for the reporting of basic education date and for the reimburse-
         ment of mandated services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new  section  3603
    2  to read as follows:
    3    S  3603. MONIES APPORTIONED, PAYMENTS TO NONPUBLIC SCHOOLS. 1.  TIMELY
    4  PAYMENT OF STATE REIMBURSEMENT. THE COMMISSIONER SHALL MAKE, ON AN ANNU-
    5  AL BASIS, A SINGLE PAYMENT OF APPORTIONED MONIES TO  QUALIFYING  SCHOOLS
    6  PURSUANT TO CHAPTER 507 OF THE LAWS OF 1974 NO LATER THAN THE LAST TUES-
    7  DAY  OF  JANUARY  IN THE YEAR SUBSEQUENT TO THE YEAR IN WHICH SUCH COSTS
    8  WERE INCURRED.
    9    2. ADJUSTMENTS IN APPORTIONMENT OF STATE REIMBURSEMENT. A. WHENEVER  A
   10  QUALIFYING SCHOOL'S REIMBURSEMENT IS LESS THAN THAT TO WHICH IT IS ENTI-
   11  TLED, THE COMMISSIONER SHALL NOTIFY SUCH SCHOOL OF THE AMOUNT OR PROPOR-
   12  TION  OF  REIMBURSEMENT  DUE  SUCH  SCHOOL  AND SHALL DRAW UPON THE NEXT
   13  APPROPRIATION MADE AVAILABLE PURSUANT TO CHAPTER 507 OF THE LAWS OF 1974
   14  TO PROVIDE THE BALANCE DUE SUCH SCHOOL.
   15    B. WHENEVER A SCHOOL HAS BEEN APPORTIONED MORE THAN THAT TO  WHICH  IT
   16  IS  ENTITLED, THE COMMISSIONER SHALL NOTIFY SUCH SCHOOL OF SUCH OVERPAY-
   17  MENT AND MAY DEDUCT  SUCH  OVERPAYMENT  FROM  A  SUBSEQUENT  PAYMENT  OR
   18  PAYMENTS,  AS  DETERMINED  BY  THE  COMMISSIONER,  MADE FOR SUCH PURPOSE
   19  PROVIDED, HOWEVER, SUCH EXCESS PAYMENT MAY  BE  RECOVERED  BEGINNING  NO
   20  SOONER  THAN  THE  JANUARY  PAYMENT  DUE  SUCH SCHOOL IN THE SCHOOL YEAR
   21  FOLLOWING THE YEAR IN WHICH  SUCH  NOTIFICATION  WAS  RECEIVED.  IF  THE
   22  COMMISSIONER  FINDS  DEDUCTING  FROM A SUBSEQUENT PAYMENT OR PAYMENTS IS
   23  NOT FEASIBLE AS A MEANS TO  RECOVER  AN  OVERPAYMENT  FROM  A  QUALIFIED
   24  SCHOOL,  THE  COMMISSIONER  MAY DIRECT SUCH SCHOOL TO PROVIDE PAYMENT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16262-01-2
       S. 7697                             2
    1  THE STATE TO BE CREDITED BACK TO THE FUND  FOR  STATE  REIMBURSEMENT  TO
    2  QUALIFYING SCHOOLS AS ESTABLISHED FOR THIS PURPOSE.
    3    S  2. This act shall take effect on the first of January next succeed-
    4  ing the date on which it shall have become a law, provided  that  timely
    5  payments  required  pursuant  to  this  act  shall  commence in the year
    6  following the year in which this act shall take effect.