Senate Bill S7197

2009-2010 Legislative Session

Relates to certain moneys apportioned to schools for reimbursement of article twenty-three of the tax law payments

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2010	referred to education

2009-S7197 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3609-g, Ed L

2009-S7197 (ACTIVE) - Summary

Relates to certain moneys apportioned to schools for reimbursement of article twenty-three of the tax law payments.

2009-S7197 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7197

 TITLE OF BILL :
An act to amend the education law, in relation to certain moneys
apportioned to schools for reimbursement of article twenty-three of
the tax law payments


 PURPOSE :
To provide fiscal equity to all schools subject to the MTA payroll
tax.

 SUMMARY OF PROVISIONS :
Section one amends section 3609-g of the education law to include
BOCES and Special Act schools within the definition of "school
district" and "schools" for the purposes of reimbursement of payments
made pursuant to article twenty-three of the tax law (the MTA payroll
tax).

Section two sets forth the effective date, which is immediate.

 EXISTING LAW :
Chapter 25 of the laws of 2009, enacted the MTA payroll tax, which
required all businesses that are within the counties served by the
Metropolitan Transportation Authority (MTA) to pay .34% of their
payroll in taxes to support the operations of the MTA. Part D of the

Chapter provided for reimbursement of the tax to public school
districts.

 JUSTIFICATION :
While some public schools were exempted from the MTA payroll tax
through a reimbursement process, many public schools continue to pay
the MT A payroll tax without reimbursement, including: Boards of
Cooperative Educational Services (BOCES); and Special Act school
districts. Given that these are public schools, equity demands that
these schools be subject to reimbursement, just as all other public
schools are reimbursed.

Special Act school districts include those that serve students in the
juvenile detention system, foster care system or the mental healthcare
system, as well as the severely disabled and blind or deaf students.
These are public school districts created by special acts of the
legislature to serve the neediest and most challenging children of the
state. These schools have no taxing authority.

Many of these schools are especially hard hit because they are
financed through a tuition rate setting formula, which provides
funding on to a two-year lag. There is no mechanism for these schools
to make-up for the loss of funding in the current year.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
The Division of the Budget has been requested to prepare a fiscal
note, which will be included when it becomes available.

 EFFECTIVE DATE :
Immediate.

2009-S7197 (ACTIVE) - Bill Text download pdf

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

                                  7197

                            I N  S E N A T E

                             March 19, 2010
                               ___________

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

AN ACT to amend the education law, in relation to certain moneys  appor-
  tioned to schools for reimbursement of article twenty-three of the tax
  law payments

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

  Section 1. Section 3609-g of the education law, as added by section  1
of  part  D  of  chapter  25  of the laws of 2009, is amended to read as
follows:
  S 3609-g. Moneys apportioned  to  school  districts  AND  SCHOOLS  for
reimbursement of article twenty-three of the tax law payments commencing
in the 2009-2010 school year. Notwithstanding any other provision of law
to  the  contrary,  school districts AND SCHOOLS shall be reimbursed for
payments made pursuant to article twenty-three of the tax  law  pursuant
to this section.
  1.  Definition.  As  used  in this section the following term shall be
defined as  follows:  "School  district"  shall  mean  a  public  school
district  [and  shall  not  include],  a  special act school district as
defined in section four thousand one of this chapter AND BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES  (BOCES).  "SCHOOLS"  SHALL  MEAN  APPROVED
PRIVATE SCHOOLS FOR STUDENTS OF SCHOOL AGE WHICH RECEIVE FUNDING SUBJECT
TO THE PROVISIONS OF ARTICLE EIGHTY-NINE OF THIS CHAPTER AND STATE FUND-
ED  PRIVATE  SCHOOLS  AND INSTITUTIONS FOR THE BLIND AND DEAF FUNDED AND
OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
  2. Prescribed payments. On or after the first business day of June  of
each  school  year,  commencing  June  first, two thousand ten, a school
district OR SCHOOL shall be paid an amount equal to one hundred  percent
of  the  payments  made by a school district OR SCHOOL on or after [May]
MARCH first of the prior school year and before [May] MARCH first of the
current school year to the commissioner of taxation and finance pursuant
to article twenty-three of the tax law. No payment may be made  pursuant
to this subdivision until such amount for each school district is certi-
fied  by the commissioner of taxation and finance and transmitted to the

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

                                                           LBD16433-02-0

S. 7197                             2

commissioner. Such certification shall be made on or before [May]  MARCH
thirty-first  so  as  to facilitate payments to be made pursuant to this
section.
  3.  (a)  Moneys  paid pursuant to this section shall be payable to the
treasurer of each city school district, and the treasurer of each  union
free  school  district  and  of each central school district and of each
other school district, if there be a treasurer, otherwise to the collec-
tor or other disbursing officer of such district, who  shall  apply  for
and receive the same as soon as payable.
  (b)  In  the  case  of  city  school  districts of the cities with one
hundred twenty-five thousand inhabitants  or  more,  any  payment  which
pursuant  to this section is required to be made to the treasurer of the
city school district, shall be made to the city  treasurer  or  chamber-
lain.
  (C)  IN THE CASE OF A SCHOOL, ANY MONIES PAID PURSUANT TO THIS SECTION
SHALL BE MADE TO THE OFFICE OR OFFICER RESPONSIBLE FOR  THE  RECEIPT  OF
OTHER STATE AND LOCAL FUNDS USED FOR STUDENT EXPENSES.
  4. Any payment to a school district OR SCHOOL pursuant to this section
shall  be general receipts of the district OR SCHOOL and may be used for
any lawful purpose of the district OR SCHOOL.
  5. It is the intent of the governor to submit and the  legislature  to
enact for each fiscal year after the two thousand nine--two thousand ten
fiscal  year  in an annual budget bill an appropriation in the amount to
be paid to school districts AND SCHOOLS pursuant to this section.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
reimbursements made for taxes levied in the 2009-10 school year.

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Senate Bill S7197

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Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2009-S7197 (ACTIVE) - Details

2009-S7197 (ACTIVE) - Summary

2009-S7197 (ACTIVE) - Sponsor Memo

2009-S7197 (ACTIVE) - Bill Text download pdf

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2009-S7197 (ACTIVE) - Details

2009-S7197 (ACTIVE) - Summary

2009-S7197 (ACTIVE) - Sponsor Memo

2009-S7197 (ACTIVE) - Bill Text download pdf

Comments