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