senate Bill S1589A

2011-2012 Legislative Session

Defines tuition for the 2013-2014 school year

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2012 print number 1589a
amend (t) and recommit to education
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S1589 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6775

S1589 - Bill Texts

view summary

Defines tuition for the 2013-2014 school year; restricts tuition rates to not more than four percent of a school year's costs.

view sponsor memo
BILL NUMBER:S1589

TITLE OF BILL:
An act
to amend the tax law, in relation to the employment of New York state
residents by taxpayers eligible to receive
certain tax credits

PURPOSE:
To encourage the hiring of New York State residents by taxpayers
eligible to receive certain tax credits.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1(a) requires any taxpayer seeking certain tax, credits for
the purpose of engaging in a development project, the cost of which
exceeds one million dollars, to certify that 85% of the labor force
hired to complete such development project consists of New York State
residents.

Section 1(b) provides certain exemptions for a taxpayer subject to
this subdivision.

Section 2 provides the effective date.

JUSTIFICATION:
New York state residents have suffered high unemployment and
significant financial hardship as a result of the recession.
Large-scale development projects provide a critical opportunity for
resident laborers across the state to provide their services. All too
often, however, local labor
resources are overlooked in favor of out-of-state laborers. New York
offers generous tax credits to taxpayers to engage in multi-million
dollar development projects, in an effort to promote economic
development and jobs. Developers receiving this benefit have an
obligation to "pay back" New York by hiring qualified and available
state workers. This bill would therefore require hiring a labor force
of at least 85% New York residents to complete a development project
exceeding $1 million in order to receive tax credits from the State,
subject to exemptions specified in the bill.

PRIOR LEGISLATIVE HISTORY:

S.6538 of 2011-2012; Referred to Investigations and Government
Operations

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have

become a law and shall apply to any credit claimed on or after such
effective date.

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

                                  1589

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

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 defining "tuition" for
  the 2012-2013 school year

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

  Section  1.  Subdivision  4  of  section  4405 of the education law is
amended by adding a new paragraph j to read as follows:
  J. THE TUITION RATE METHODOLOGY ESTABLISHED PURSUANT TO THIS  SUBDIVI-
SION  FOR  SPECIAL ACT SCHOOL DISTRICTS AND APPROVED PRIVATE SCHOOLS FOR
STUDENTS OF SCHOOL AGE FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND  THIR-
TEEN  TUITION  RATE YEAR AND THEREAFTER MAY INCLUDE A SURPLUS FACTOR, AT
THE DISCRETION OF THE COMMISSIONER AND APPROVED BY THE DIRECTOR  OF  THE
BUDGET, WHICH SHALL EQUAL THE LESSER OF: (I) THE SUM OF: (A) THE EXCESS,
IF  ANY,  OF  THE TUITION REVENUE COMPUTED FOR THE BASE YEAR AND USED IN
DETERMINING THE TUITION RATE FOR THE TUITION RATE YEAR OVER  THE  ALLOW-
ABLE  AND  REIMBURSABLE COSTS INCURRED BY THE SCHOOL DISTRICT OR PRIVATE
SCHOOL IN THE BASE YEAR, NET OF ANY DISALLOWANCES, PLUS  (B)  ANY  UNEX-
PENDED SURPLUS AUTHORIZED PURSUANT TO THIS PARAGRAPH FOR THE SCHOOL YEAR
PRIOR  TO THE BASE YEAR, AND (II) FOUR PERCENT OF THE TOTAL GENERAL FUND
EXPENDITURES UNDER THE BUDGET OF THE SCHOOL DISTRICT OR APPROVED PRIVATE
SCHOOL FOR THE BASE YEAR. AS USED IN  THIS  SUBDIVISION,  "TUITION  RATE
YEAR"  SHALL  MEAN  THE SCHOOL YEAR FOR WHICH A TUITION RATE IS COMPUTED
AND "BASE YEAR" SHALL MEAN THE  SCHOOL  YEAR  TWO  YEARS  PRIOR  TO  THE
TUITION  RATE  YEAR. THE SPECIAL ACT SCHOOL DISTRICT OR APPROVED PRIVATE
SCHOOL MAY RETAIN ANY SURPLUS COMPUTED PURSUANT TO THIS  SUBDIVISION  AS
AN UNRESERVED FUND BALANCE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05312-01-1

S1589A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6775

S1589A (ACTIVE) - Bill Texts

view summary

Defines tuition for the 2013-2014 school year; restricts tuition rates to not more than four percent of a school year's costs.

view sponsor memo
BILL NUMBER:S1589A

TITLE OF BILL:
An act
to amend the education law, in relation to defining "tuition" for the
2013-2014 school year

PURPOSE:
To provide that certain schools may maintain a fund balance reserve
account of up to 4% of the school's annual allowable and reimbursable
costs.

SUMMARY OF PROVISIONS:
Section one amends subdivision 4 of section 4405 of education law by
adding a new paragraph j to provide that special act school districts
and Chapter 853 schools, may maintain a fund balance of up to 4% of
the school's annual allowable and reimbursable costs.

Section two of the bill sets forth the enactment date, which is
immediate.

JUSTIFICATION:
Special act school districts and 853 schools in New York State
represent a particularly high needs student population. The high need
level associated with this population results in significant costs to
operate these schools. Under current law however, these schools and
school districts are not authorized to maintain any fund balance at
the end of their fiscal year. Therefore, even if these districts
achieve efficiencies, they are left with no funds to reinvest in
their programs.
Further, because the schools operated off of borrowed funds, repaid
when they receive their tuition, their lack of resources can make it
more difficult to acquire the financing they need to sustain their
operations.

Finally, special act school districts are public school districts.
Recent changes in state law allow all other public school districts to
maintain a 4% undesignated fund balance. It seems only equitable to
offer the same level of flexibility to these schools and school
districts.

LEGISLATIVE HISTORY:
S.5446-A/A.8245-A of 2009 - Vetoed S.6775 of 2010.
01/10/11 REFERRED TO EDUCATION
01/04/12 REFERRED TO EDUCATION

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

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

                                 1589--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to defining "tuition" for
  the 2013-2014 school year

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

  Section  1.  Subdivision  4  of  section  4405 of the education law is
amended by adding a new paragraph j to read as follows:
  J. THE TUITION RATE METHODOLOGY ESTABLISHED PURSUANT TO THIS  SUBDIVI-
SION  FOR  SPECIAL ACT SCHOOL DISTRICTS AND APPROVED PRIVATE SCHOOLS FOR
STUDENTS OF SCHOOL AGE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN TUITION RATE YEAR AND THEREAFTER MAY INCLUDE A SURPLUS  FACTOR,  AT
THE  DISCRETION  OF THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE
BUDGET, WHICH SHALL EQUAL THE LESSER OF: (I) THE SUM OF: (A) THE EXCESS,
IF ANY, OF THE TUITION REVENUE COMPUTED FOR THE BASE YEAR  AND  USED  IN
DETERMINING  THE  TUITION RATE FOR THE TUITION RATE YEAR OVER THE ALLOW-
ABLE AND REIMBURSABLE COSTS INCURRED BY THE SCHOOL DISTRICT  OR  PRIVATE
SCHOOL  IN  THE  BASE YEAR, NET OF ANY DISALLOWANCES, PLUS (B) ANY UNEX-
PENDED SURPLUS AUTHORIZED PURSUANT TO THIS PARAGRAPH FOR THE SCHOOL YEAR
PRIOR TO THE BASE YEAR, AND (II) FOUR PERCENT OF THE TOTAL GENERAL  FUND
EXPENDITURES UNDER THE BUDGET OF THE SCHOOL DISTRICT OR APPROVED PRIVATE
SCHOOL  FOR  THE  BASE  YEAR. AS USED IN THIS SUBDIVISION, "TUITION RATE
YEAR" SHALL MEAN THE SCHOOL YEAR FOR WHICH A TUITION  RATE  IS  COMPUTED
AND  "BASE  YEAR"  SHALL  MEAN  THE  SCHOOL  YEAR TWO YEARS PRIOR TO THE
TUITION RATE YEAR. THE SPECIAL ACT SCHOOL DISTRICT OR  APPROVED  PRIVATE
SCHOOL  MAY  RETAIN ANY SURPLUS COMPUTED PURSUANT TO THIS SUBDIVISION AS
AN UNRESERVED FUND BALANCE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05312-02-2

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