Bill Text: NY S01937 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to payment of moneys due for prior years; provides that if a school district is owed funds on the prior year adjustment list maintained by the department, prior to deducting any money, the department shall first offset the overpayment amount by the total amount owed on such list regardless of the district's priority date status.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S01937 Detail]

Download: New_York-2021-S01937-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1937

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education

        AN ACT to amend the education law, in relation to payment of moneys  due
          for prior years

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph c of subdivision 5 of section 3604 of the educa-
     2  tion law, as added by chapter 82 of the laws of 1995, is amended to read
     3  as follows:
     4    c. Payment of moneys due for prior years. (i) State aid  payments  due
     5  for  prior  years  in accordance with the provisions of this subdivision
     6  shall be paid within the limit of the appropriation designated  therefor
     7  provided,  however,  that  each  eligible  claim shall be payable in the
     8  order that it has been approved for payment by the commissioner, but  in
     9  no  case  shall  a single claim draw down more than forty percent of the
    10  appropriation so designated for a single year, and provided further that
    11  no claim shall be set  aside  for  insufficiency  of  funds  to  make  a
    12  complete  payment,  but  shall  be eligible for a partial payment in one
    13  year and shall retain its priority date status for appropriations desig-
    14  nated for such purposes in future years.
    15    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    16  graph,  if a school district is subject to a state aid adjustment pursu-
    17  ant to paragraph a of this subdivision because such  district  has  been
    18  apportioned  more  money  than  that  to  which it is entitled, prior to
    19  deducting such additional money from future apportionments made to  such
    20  district,  the  commissioner  shall  first determine if such district is
    21  owed money for prior year claims pursuant to  this  paragraph.  If  such
    22  district  is  owed funds on the prior year adjustment list maintained by
    23  the department, prior to deducting any money, the department shall first
    24  offset the overpayment amount by the total  amount  owed  on  such  list
    25  regardless of the district's priority date status.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04135-01-1