Assembly Bill A11105

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

                                  11105

                          I N  A S S E M B L Y

                              May 17, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  once and referred to the Committee on Ways and Means

AN  ACT  to amend the education law and chapter 121 of the laws of 1996,
  relating to authorizing the Roosevelt union free  school  district  to
  finance  deficits  by  the  issuance  of  serial bonds, in relation to
  school aid payment schedules; and to amend part A of chapter 57 of the
  laws of 2009 amending the education law and other  provisions  of  law
  relating to aid for education, in relation to the effectiveness there-
  of

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

  Section 1. Clause (v) of subparagraph 3 of paragraph b of  subdivision
1  of  section  3609-a of the education law, as amended by section 32 of
part B of chapter 57 of the laws of 2007, is amended to read as follows:
  (v) June payment. The  moneys  apportioned  to  school  districts  and
designated  for June pursuant to clause (vi) of subparagraph two of this
paragraph shall be paid on the first state business day of  such  month,
to  the extent that moneys are owed to school districts pursuant to this
section for the current year, including claims for current year aid  for
debt service on bond anticipation notes aidable in June and/or new bonds
and capital notes aidable in June pursuant to subdivisions six and four-
teen,  if  applicable, of section thirty-six hundred two of this article
and claims for current year aid for conversion to full day  kindergarten
pursuant  to  subdivision nine of section thirty-six hundred two of this
article, after taking into account any adjustments  made  in  accordance
with  clauses  (ii) and (iii) of this subparagraph, net of any disallow-
ances.  IN THE EVENT AN APPROPRIATION FOR PURPOSES OF THIS CLAUSE IN THE
TWO THOUSAND TEN-ELEVEN STATE FISCAL YEAR IS INSUFFICIENT  TO  MAKE  ALL
PAYMENTS  MADE PURSUANT TO THIS CLAUSE, THE COMMISSIONER SHALL MAKE SUCH
PAYMENTS ON A PRORATED BASIS AMONGST ALL SCHOOL DISTRICTS  SCHEDULED  TO
RECEIVE  A  PAYMENT  UNTIL  THE  APPROPRIATION IS EXHAUSTED.   PROVIDED,
HOWEVER, THAT REMAINING MONEYS PAID PURSUANT TO THIS CLAUSE  DURING  THE
TWO  THOUSAND  TEN-ELEVEN  STATE  FISCAL YEAR SHALL BE PAID ON OR BEFORE
JUNE THIRTIETH, TWO THOUSAND TEN, WITHIN AMOUNTS APPROPRIATED THEREFOR.

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

                                                           LBD12229-02-0

A. 11105                            2

  S 2. Subparagraph 3 of paragraph a of subdivision 2 of section  3609-b
of  the  education law, as amended by section 33 of part B of chapter 57
of the laws of 2007, is amended to read as follows:
  (3) June payment. On or before June fifteenth, a portion shall be paid
equal  to  the  positive  remainder of eighty-five percent of the moneys
apportioned less any payments made pursuant to paragraph a  of  subdivi-
sion one of this section and subparagraphs one and two of this paragraph
for  the  current  year.   IN THE EVENT AN APPROPRIATION FOR PURPOSES OF
THIS SUBPARAGRAPH IN THE TWO THOUSAND TEN-ELEVEN STATE  FISCAL  YEAR  IS
INSUFFICIENT  TO  MAKE  ALL PAYMENTS MADE PURSUANT TO THIS SUBPARAGRAPH,
THE COMMISSIONER SHALL MAKE SUCH PAYMENTS ON A  PRORATED  BASIS  AMONGST
ALL  SCHOOL DISTRICTS SCHEDULED TO RECEIVE A PAYMENT UNTIL THE APPROPRI-
ATION IS EXHAUSTED.   PROVIDED,  HOWEVER,  THAT  REMAINING  MONEYS  PAID
PURSUANT  TO  THIS SUBPARAGRAPH DURING THE TWO THOUSAND TEN-ELEVEN STATE
FISCAL YEAR SHALL BE PAID ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND TEN,
WITHIN AMOUNTS APPROPRIATED THEREFOR.
  S 3. Paragraph c of subdivision 4 of section 3609-b of  the  education
law,  as added by chapter 474 of the laws of 1996, is amended to read as
follows:
  c. any remaining amount  due  shall  be  payable  on  or  before  June
fifteenth.  IN THE EVENT AN APPROPRIATION FOR PURPOSES OF THIS PARAGRAPH
IN THE TWO THOUSAND TEN-ELEVEN STATE FISCAL YEAR IS INSUFFICIENT TO MAKE
ALL  PAYMENTS  MADE  PURSUANT  TO THIS PARAGRAPH, THE COMMISSIONER SHALL
MAKE SUCH PAYMENTS ON A PRORATED  BASIS  AMONGST  ALL  SCHOOL  DISTRICTS
SCHEDULED  TO  RECEIVE  A  PAYMENT UNTIL THE APPROPRIATION IS EXHAUSTED.
PROVIDED, HOWEVER, THAT REMAINING MONEYS PAID PURSUANT TO THIS PARAGRAPH
DURING THE TWO THOUSAND TEN-ELEVEN STATE FISCAL YEAR SHALL BE PAID ON OR
BEFORE JUNE THIRTIETH, TWO THOUSAND  TEN,  WITHIN  AMOUNTS  APPROPRIATED
THEREFOR.
  S  4. Subdivision 1 of section 3609-d of the education law, as amended
by section 21 of part L of chapter 57 of the laws of 2005, is amended to
read as follows:
  1. Prescribed payments. Of the moneys to be apportioned by the commis-
sioner to school districts during the school year, that portion  payable
pursuant to section nineteen hundred fifty of this chapter shall be used
in  the  first  instance to make payments on behalf of boards of cooper-
ative educational services to the teachers'  retirement  system  in  the
same  manner  as payments made on behalf of school districts pursuant to
subparagraph one of paragraph a of subdivision one of section thirty-six
hundred nine-a of this article, and additional payments shall be paid to
boards of cooperative educational services as follows:  the  greater  of
any  payments  made  to the teachers' retirement system pursuant to this
paragraph or twenty-five percent of  the  moneys  apportioned  less  any
payments  made to the teachers' retirement system pursuant to this para-
graph on the first state business day of February, to  the  extent  that
acceptable data has been filed with the commissioner; fifty-five percent
of  the  moneys  apportioned, less the payment made in February and less
any payments made to the teachers' retirement system  pursuant  to  this
paragraph,  on  the  first  state business day of June; IN THE EVENT THE
APPROPRIATION FOR PURPOSES OF MAKING A JUNE  PAYMENT  PURSUANT  TO  THIS
SUBDIVISION IN THE TWO THOUSAND TEN-ELEVEN STATE FISCAL YEAR IS INSUFFI-
CIENT  TO  MAKE  ALL  PAYMENTS  MADE  PURSUANT  TO THIS SUBDIVISION, THE
COMMISSIONER SHALL MAKE SUCH PAYMENTS ON A PRORATED  BASIS  AMONGST  ALL
SCHOOL  DISTRICTS SCHEDULED TO RECEIVE A PAYMENT UNTIL THE APPROPRIATION
IS EXHAUSTED; PROVIDED, HOWEVER,  DURING  THE  TWO  THOUSAND  TEN-ELEVEN
STATE  FISCAL YEAR THE REMAINING MONIES FOR THE JUNE PAYMENT PURSUANT TO

A. 11105                            3

THIS SUBDIVISION SHALL BE PAID ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND
TEN, WITHIN AMOUNTS APPROPRIATED THEREFOR;  and  a  final  apportionment
equal  to the amount calculated based on data on file as of August first
next following the close of the current year, provided however, that for
the  September  two thousand six payment such calculation shall be based
on the computer listing for the current year using data on  file  as  of
August  first,  less  payments made to date, on the first state business
day of September next following the close of the current year; provided,
however, that any obligation  of  a  board  of  cooperative  educational
services to the bond trustee of the dormitory authority shall be paid in
accordance with the applicable provisions of the public authorities law.
  S  5.  Paragraph b of section 5 of chapter 121 of the laws of 1996, as
amended by chapter 33 of the  laws  of  2002,  is  amended  to  read  as
follows:
  b.    The claim for an apportionment to be paid to the Roosevelt union
free 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
district  has  complied  with all planning and reporting requirements of
sections four and six of this act and has an approved  five-year  finan-
cial  stabilization  plan in effect, and that all such plans and reports
have been approved by the commissioner  of  education.    Such  approved
amounts  shall be payable on the first state business day of June of the
applicable school year upon the audit and warrant  of  the  state  comp-
troller  on vouchers certified or approved by the commissioner of educa-
tion in the manner prescribed by law from moneys  in  the  general  fund
appropriated  for general support of public schools.  PROVIDED, HOWEVER,
THAT ALL SUCH APPROVED AMOUNTS PAID PURSUANT TO  THIS  PARAGRAPH  DURING
THE  TWO  THOUSAND  TEN-ELEVEN  STATE FISCAL YEAR SHALL BE PAYABLE ON OR
BEFORE JUNE THIRTIETH, TWO THOUSAND  TEN,  WITHIN  AMOUNTS  APPROPRIATED
THEREFOR,  UPON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCH-
ERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF EDUCATION IN THE MANNER
PRESCRIBED BY LAW FROM MONEYS  IN  THE  GENERAL  FUND  APPROPRIATED  FOR
GENERAL SUPPORT OF PUBLIC SCHOOLS.
  S  6.  Subdivision 6 of section 57 of part A of chapter 57 of the laws
of 2009 amending the education law and other provisions of law  relating
to aid for education is amended to read as follows:
  6.  Section  fifty-two  of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after April
1, 2009 [and shall expire and be deemed repealed March 31, 2010]; and
  S 7. This act shall take effect immediately,  provided  however,  that
section  six  of this act shall be deemed to have been in full force and
effect on and after April 1, 2010.