BILL NUMBER:A10441
TITLE OF BILL: An act to amend the education law, in relation to recov-
ery of excess payments to county vocational education and extension
boards
PURPOSE: This bill adjusts certain state aid payments to county voca-
tional education and extension boards (CVEEB) so that state aid overpay-
ments may be deducted from future state aid payments made over a period
of three years.
SUMMARY OF SPECIFIC PROVISIONS: Subdivision 2 of section 1104 of the
chapter 53 of the laws of 1990 is amended to allow CVEEB's upon notifi-
cation of excess payments of aid for which a recovery must be made by
the state to make such payments over a three year period. Such payments
must be made in the school year of which notification was received as
well as the two successive years.
JUSTIFICATION: Requiring CVEEBs to make payment directly back to the
state in one collective sum would place extreme fiscal strain upon them.
Allowing repayment from the CVEEBs by reducing future state aid payments
over the next three years will allow them to better shoulder this finan-
cial burden in a more appropriate manner and, thereby allow them to
maintain its standards-of education and training Many school districts
have sought similar legislation allowing them to make payments over a
period of three years, this legislation only seeks parity to allow
S T A T E O F N E W Y O R K
________________________________________________________________________
10441
I N A S S E M B L Y
March 26, 2010
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to recovery of excess
payments to county vocational education and extension boards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 1104 of the education law, as
added by chapter 53 of the laws of 1990, is amended to read as follows:
2. [Notwithstanding the provisions of subdivision one of this section
or chapters fifty-three and three hundred ninety-one of the laws of
nineteen hundred eighty-nine or any other provision of law to the
contrary, aid payable to county vocational education and extension
boards in the spring of nineteen hundred ninety shall be reduced by an
amount equal to the amount that would have been paid pursuant to section
five hundred twenty-one of this chapter to the New York state teachers'
retirement system on behalf of such board] UPON NOTIFICATION OF EXCESS
PAYMENTS OF AID FOR WHICH A RECOVERY MUST BE MADE BY THE STATE THROUGH
DEDUCTION OF FUTURE AID PAYMENTS, A COUNTY VOCATIONAL EDUCATION AND
EXTENSION BOARD MAY REQUEST THAT SUCH EXCESS PAYMENTS BE RECOVERED BY
DEDUCTING SUCH EXCESS PAYMENTS FROM THE PAYMENTS DUE TO SUCH COUNTY
VOCATIONAL EDUCATION AND EXTENSION BOARD IN (I) THE SCHOOL YEAR IN WHICH
SUCH NOTIFICATION WAS RECEIVED AND (II) THE TWO SUCCEEDING SCHOOL YEARS,
PROVIDED FURTHER THAT THERE SHALL BE NO INTEREST PENALTY ASSESSED
AGAINST SUCH COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD OR
COLLECTED BY THE STATE. SUCH REQUEST SHALL BE MADE TO THE COMMISSIONER
IN SUCH FORM AS THE COMMISSIONER SHALL PRESCRIBE, AND SHALL BE BASED ON
DOCUMENTATION THAT THE TOTAL AMOUNT TO BE RECOVERED IS IN EXCESS OF
TWENTY-FIVE PERCENT OF THE COUNTY VOCATIONAL EDUCATION AND EXTENSION
BOARD'S TOTAL STATE AID ALLOCATION PURSUANT TO THIS SECTION FOR THE
PRECEDING SCHOOL YEAR. THE AMOUNT TO BE DEDUCTED IN EACH YEAR SHALL BE
ONE-THIRD OF SUCH EXCESS PAYMENTS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14213-01-9
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