S T A T E O F N E W Y O R K
________________________________________________________________________
7990--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 1, 2009
___________
Introduced by M. of A. QUINN -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT authorizing the Hamburg central school district to receive
certain apportionments on an accelerated basis
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. In order to avoid endangering the fiscal stability of
Hamburg central school district, certain apportionments payable to the
Hamburg central school district of Erie county to be paid on an acceler-
ated schedule as follows:
a. (1) Notwithstanding any other provisions of law, for aid payable in
the school years 2009-2010 through 2037-2038 upon application to the
commissioner of education submitted not sooner than the second Monday in
June of the school year in which such aid is payable and not later than
the Friday following the third Monday in June of the school year in
which such aid is payable, or ten days after the effective date of this
act, whichever shall be later, the Hamburg central school district shall
be eligible to receive an apportionment pursuant to this act in an
amount equal to the product of 3,100,000 and the quotient of the posi-
tive difference of thirty minus the number of school years elapsed since
the 2009-2010 school year divided by thirty.
(2) Funds apportioned pursuant to this subdivision shall be used for
services and expenses of the Hamburg central school district of Erie
county and shall be applied to support of its educational programs and
any liability incurred by such city school district in carrying out its
functions and responsibilities under the education law.
b. The claim for an apportionment to be paid to the Hamburg central
school district pursuant to subdivision a of this section shall be
submitted to the commissioner of education on a form prescribed for such
purpose, and shall be payable upon determination by such commissioner
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09976-02-9
A. 7990--A 2
that the form has been submitted as prescribed and that the school
district has complied with the reporting requirements of this act. For
each school year in which application is made pursuant to subdivision a
of this section, such approved amount shall be payable on or before June
thirtieth of such school year upon the audit and warrant of the state
comptroller on vouchers certified or approved by the commissioner of
education in the manner prescribed by law from moneys in the state
lottery fund appropriated for general support of public schools and from
the general fund to the extent that the amount paid to the Hamburg
central school district pursuant to this subdivision and subdivision a
of this section exceeds the amount of the lottery apportionment, if any,
due such school district pursuant to subparagraph 2 of paragraph a of
subdivision 1 of section 3609-a of the education law on or before
September first of such school year.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to the Hamburg central school
district during the base year pursuant to subdivisions a and b of this
section shall first be deducted from payments due during the current
school year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of
subdivision 1 of section 3609-a of the education law in the following
order: the lottery apportionment payable pursuant to subparagraph 2 of
such paragraph followed by the fixed fall payments payable pursuant to
subparagraph 4 of such paragraph, and any remainder to be deducted from
the individualized payments due to the district pursuant to paragraph b
of such subdivision shall be deducted on a chronological basis starting
with the earliest payment due the district.
d. Notwithstanding any other provisions of law, the sum of payments
made to the Hamburg central school district during the base year pursu-
ant to subdivisions a and b of this section plus payments made to such
school district during the current year pursuant to section 3609-a of
the education law shall be deemed to truly represent all aids paid to
such school district during the current school year pursuant to such
section 3609-a of the education law for the purposes of computing any
adjustments to such aids that may occur in a subsequent school year.
e. (1) On or before the first day of each month beginning in July 2010
and ending in June 2039, the chief fiscal officer and the superintendent
of schools of the Hamburg central school district shall prepare and
submit to the board of education of the city school district a report of
the fiscal condition of the school district, including but not limited
to the most current available data on fund balances on funds maintained
by the school district and the district's use of the apportionments
provided pursuant to subdivisions a and b of this section.
(2) Such monthly report shall be in a format prescribed by the commis-
sioner of education. The board of education shall either reject and
return the report to the chief fiscal officer and the superintendent of
schools for appropriate revisions and resubmittal or shall approve the
report and submit copies to the commissioner of education and the state
comptroller of such approved report as submitted or resubmitted.
In the 2009-2010 through 2037-2038 school years, the chief fiscal
officer of the Hamburg central school district shall monitor all budgets
and for each budget, shall prepare a quarterly report of summarized
budget data depicting overall trends of actual revenues and budget
expenditures for the entire budget as well as individual line items.
Such report shall compare revenue estimates and appropriations as set
forth in such budget with the actual revenues and expenditures made to
date. All quarterly reports shall be accompanied by a recommendation
A. 7990--A 3
from the superintendent of schools or chief fiscal officer to the board
of education setting forth any remedial actions necessary to resolve any
unfavorable budget variance including the overestimation of revenue and
underestimation of appropriations. The chief fiscal officer shall also
prepare, as part of such report, a quarterly trial balance of general
ledger accounts in accordance with generally accepted accounting princi-
ples as prescribed by the state comptroller. All reports shall be
completed within sixty days after the end of each quarter and shall be
submitted to the chief fiscal officer and the board of education of the
Hamburg central school district, the state division of the budget, the
office of the state comptroller, the commissioner of education, the
chair of the assembly ways and means committee and the chair of the
senate finance committee.
S 2. This act shall take effect immediately.
FISCAL NOTE.--This bill would authorize the Hamburg central school
district to receive certain apportionments of state aid on an acceler-
ated basis. Specifically, this bill would make the Hamburg central
school district eligible to receive advances in lottery aid apportion-
ments, and other apportionments if necessary, in school years 2009-2010
through 2037-2038 equal to the product of $3.1 million and the quotient
of the positive difference of 30 minus the number of school years
elapsed since 2009-2010 divided by 30. Such funds would be required to
be used by the district for its services and expenses, to support its
educational programs, and to pay for any liability it incurs in carrying
out its functions and responsibilities prescribed under the education
law.
Since the bill provides for an advance of state aid payable to the
school district and does not increase the amount of aid payable to the
school district, it would not result in any additional cost to the
state.
This fiscal note was prepared by the New York state department of
education and is intended for use only during the 2009 legislative
session.