NY State Assembly Bill 2009-A8103

Assembly Bill A8103

Vetoed By Governor

2009-2010 Legislative Session

Provides for accelerated payments to the city school district of the city of Mount Vernon

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2009	tabled
Jul 21, 2009	vetoed memo.20
Jul 10, 2009	delivered to governor
Jul 09, 2009	returned to assembly repassed senate vote reconsidered - restored to third reading
Jun 30, 2009	passed senate 3rd reading cal.725 substituted for s5261b
Jun 18, 2009	referred to rules
Jun 16, 2009	delivered to senate passed assembly ordered to third reading rules cal.376 rules report cal.376 reported reported referred to rules
Jun 15, 2009	reported referred to ways and means
Jun 11, 2009	print number 8103a
Jun 11, 2009	amend and recommit to education
May 04, 2009	referred to education

Votes

- Jul 9, 2009 - Floor Vote
  A8103
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 9, 2009
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young

Bill Amendments

Original

A (Active)

2009-A8103 - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: A6581
2013-2014: A3036

2009-A8103 - Summary

Provides for accelerated payments to the city school district of the city of Mount Vernon.

2009-A8103 - Bill Text download pdf

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

                                  8103

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Education

AN ACT providing for accelerated payments to the city school district of
  the city of Mount Vernon

  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 the
Mount Vernon city school district, certain apportionments payable to the
city school district of the city of Mount Vernon shall  be  paid  on  an
accelerated schedule as follows:
  a. (1) Notwithstanding any other provisions of law, for aid payable in
the  school  years  2009-2010  through 2038-2039 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 Mount Vernon city school district
shall be eligible to receive an apportionment pursuant to this act in an
amount equal to the product of five million dollars ($5,000,000) and the
quotient of the positive difference of thirty minus the number of school
years elapsed since the 2009-10 school year divided by thirty.
  (2) Funds apportioned pursuant to this subdivision shall be  used  for
services  and  expenses of the city school district of the city of Mount
Vernon 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 Mount Vernon  city
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
that  the  form  has  been  submitted  as prescribed and that the school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11661-02-9

A. 8103                             2

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 Mount  Vernon
city  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 Mount Vernon city  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 Mount Vernon city  school  district  during  the  base  year
pursuant  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 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 Mount Vernon city 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.
  (3)  In the 2009-2010 through 2038-2039 school years, the chief fiscal
officer of the Mount Vernon city school district shall monitor all budg-
ets 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
from the superintendent of schools or chief fiscal officer to the  board

A. 8103                             3

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
Mount Vernon city 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 and shall be deemed to
have been in full force and effect one day after the school  budget  for
the  city  school  district of the city of Mount Vernon has been passed;
provided that the superintendent of the city school district of the city
of Mount Vernon shall notify the legislative  bill  drafting  commission
upon  the occurrence of the enactment of the legislation provided for in
section one of this act in order that the  commission  may  maintain  an
accurate and timely effective data base of the official text of the laws
of  the  state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and  section  70-b  of  the  public
officers law.

2009-A8103A (ACTIVE) - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: A6581
2013-2014: A3036

2009-A8103A (ACTIVE) - Summary

Provides for accelerated payments to the city school district of the city of Mount Vernon.

2009-A8103A (ACTIVE) - Sponsor Memo

2009-A8103A (ACTIVE) - Bill Text download pdf

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

                                 8103--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT providing for accelerated payments to the city school district of
  the city of Mount Vernon

  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  the
Mount Vernon city school district, certain apportionments payable to the
city  school  district  of  the city of Mount Vernon shall be paid on an
accelerated schedule as follows:
  a. (1) Notwithstanding any other provisions of law, for aid payable in
the school years 2009-2010 through 2038-2039  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 Mount  Vernon  city  school  district
shall be eligible to receive an apportionment pursuant to this act in an
amount equal to the product of five million dollars ($5,000,000) and the
quotient of the positive difference of thirty minus the number of school
years elapsed since the 2009-10 school year divided by thirty.
  (2)  Funds  apportioned pursuant to this subdivision shall be used for
services and expenses of the city school district of the city  of  Mount
Vernon  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 Mount Vernon city
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.
                                                           LBD11661-04-9

A. 8103--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 Mount  Vernon
city  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 Mount Vernon city  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 Mount Vernon city  school  district  during  the  base  year
pursuant  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 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 Mount Vernon city 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.
  (3)  In the 2009-2010 through 2038-2039 school years, the chief fiscal
officer of the Mount Vernon city school district shall monitor all budg-
ets 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. 8103--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
Mount Vernon city 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.

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