NY State Senate Bill 2011-S5390

Senate Bill S5390

2011-2012 Legislative Session

Provides for the repayment by the Schenectady city school district of certain excess state payments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to education returned to senate died in assembly
Jun 15, 2011	referred to education delivered to assembly passed senate
Jun 14, 2011	advanced to third reading
Jun 13, 2011	2nd report cal.
Jun 07, 2011	1st report cal.1110
May 24, 2011	reported and committed to finance
May 16, 2011	referred to education

Votes

- Jun 15, 2011 - Floor Vote
  S5390
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 7, 2011 - Finance Committee Vote
  S5390
  
  30
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 7, 2011
      
      aye (30)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Perkins
      
      Robach
      
      Saland
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Young
      
      nay (1)
      
      Parker
      
      aye wr (4)
      
      Krueger
      
      Kruger
      
      Peralta
      
      Rivera
  May 24, 2011 - Education Committee Vote
  S5390
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 24, 2011
      
      aye (18)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Farley
      
      Flanagan
      
      Huntley
      
      LaValle
      
      Lanza
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Oppenheimer
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Serrano
      
      Seward
      
      Stavisky

2011-S5390 (ACTIVE) - Details

See Assembly Version of this Bill:: A7803
Current Committee:: Senate Education
Law Section:: Education

2011-S5390 (ACTIVE) - Summary

Provides for the repayment by the Schenectady city school district of certain excess state payments through deduction of future aid payments over a three year period.

2011-S5390 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5390

TITLE OF BILL:
An act
to provide for the repayment by the Schenectady city school district of
certain excess state payments

PURPOSE:
To allow the Schenectady City School District to spread out repayment
of excess state aid over three years.

SUMMARY OF PROVISIONS:
Section 1 of the bill provides that excess aid paid to the Schenectady
City School District in the 2003-04 through 2008-09 school years, of
which the District has been notified and for which the State must
make a recovery through deductions of future aid payments, shall be
recovered by reducing the amount of future State aid payments by
one-third of the amount of such excess payments in the aid payments
for June of 2011, 2012 and 2013.

JUSTIFICATION:
In 2008, the State Education Department identified an error in a legal
notice published several years earlier by the Schenectady City School
District in relation to certain transportation services for the
2003-04 school year. Because of this error, the Department indicated
that the expected state transportation aid could not be paid for

these two contracts which covered the 2003-04 school year. The
situation worsened when the Education Department also indicated that
the District could not be reimbursed for transportation expenses
incurred in connection with the extension of those contracts covering
school years from 2004-05 through 2008-09. Because the School
District was unaware that there was a problem with the original
contracts, it had extended the contracts several times. Because of
the delay in identifying the original error, the potential financial
ramifications of this error increased dramatically.

The District now must pay back a total of $3,860,466. The Department
of Education is currently requiring that this money be paid back in
two installments. $2,956,669 is to be deducted from the June 2011
General Aid payment and $903,797 from the June 2012 General Aid
payment.
This creates a hardship for the District. This legislation would allow
the District to make the repayments to the State in three equal
payments to be deducted from the General Aid payments in June of
2011, 2012 and 2013.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Minimal to State. Provides fiscal relief to the School District.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5390 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5390

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 16, 2011
                               ___________

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

AN ACT to provide for the  repayment  by  the  Schenectady  city  school
  district of certain excess state payments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any provisions  of  law  to  the  contrary,
state  aid  payments  in the amount of not more than three million eight
hundred sixty thousand four hundred sixty-six dollars ($3,860,466)  made
to  the  Schenectady city school district in the 2003-04, 2005-06, 2006-
07, 2007-08 and 2008-09 school years, which included excess payments  of
which  such district has been notified, and for which a recovery must be
made by the state through deduction of future  aid  payments,  shall  be
reduced through aid deductions totaling such excess payments, by deduct-
ing  one-third  of  such  excess  payments from the payments due to such
school district and payable in the month of June in the years 2011, 2012
and 2013; provided, however, there shall be no interest penalty assessed
against such district or collected by the state; and provided,  further,
that  notwithstanding  any  other  provisions  of  this act, any pending
payment of moneys due to such district as a prior year adjustment  paya-
ble  pursuant  to  paragraph  c  of subdivision 5 of section 3604 of the
education law for aid claims that had been previously paid in excess  as
current year aid payments for which recovery of excess payments is to be
made  pursuant  to  this section, shall be reduced at the time of actual
payment by any remaining unrecovered balance of  such  excess  payments,
and  the remaining scheduled deductions of such excess payments pursuant
to this section shall be reduced by the  commissioner  of  education  to
reflect the amount so recovered.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11487-02-1

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