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Senate Bill S5754

2011-2012 Legislative Session

Relates to claims resulting from late filing of final cost reports

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Archive: Last Bill Status - In Senate Committee Education Committee

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2011-S5754 (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง3604 & 3602, Ed L

2011-S5754 (ACTIVE) - Summary

Relates to claims resulting from late filing of final cost reports.

2011-S5754 (ACTIVE) - Sponsor Memo

2011-S5754 (ACTIVE) - Bill Text download pdf 

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

                                  5754

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

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

AN ACT to amend the education law, in relation to claims resulting  from
  late filing of final cost reports by school districts

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

  Section 1. Subdivision 5 of section  3604  of  the  education  law  is
amended by adding a new paragraph b-1 to read as follows:
  B-1.    CLAIMS  RESULTING  FROM LATE FILING OF FINAL COST REPORTS. ANY
PAYMENT WHICH WOULD BE DUE PURSUANT TO SUBDIVISION  SIX,  SIX-A,  SIX-B,
SIX-C,  SIX-E  OR  SIX-F  OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART
SHALL NOT BE BARRED DUE TO A MINISTERIAL FAILURE ON THE PART OF A SCHOOL
DISTRICT IN FILING THE FINAL COST REPORT, PROVIDED THAT, COMMENCING JULY
FIRST, TWO THOUSAND ELEVEN, WHERE SUCH FINAL COST REPORT  HAS  NOT  BEEN
FILED  WITH THE COMMISSIONER WITHIN ONE YEAR AFTER JUNE THIRTIETH OF THE
SCHOOL YEAR IN WHICH SUCH FINAL COST REPORT MUST HAVE BEEN SUBMITTED  TO
THE  COMMISSIONER,  THE  GAP ELIMINATION ADJUSTMENT COMPUTED PURSUANT TO
SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART FOR
SUCH DISTRICT FOR THE SUCCEEDING SCHOOL YEAR SHALL BE  INCREASED  BY  AN
AMOUNT EQUAL TO TEN PERCENT OF THE PRODUCT OF THE APPROVED COST FOR SUCH
PROJECT  MULTIPLIED BY THE BUILDING AID RATIO SELECTED PURSUANT TO PARA-
GRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX  HUNDRED  TWO  OF  THIS
PART.
  S  2.  Paragraph  a of subdivision 17 of section 3602 of the education
law, as added by section 37 of part A of chapter 58 of the laws of 2011,
is amended to read as follows:
  a. Notwithstanding any other provision of law  to  the  contrary,  the
commissioner  shall  reduce  payments  due  to each district for the two
thousand eleven--two thousand twelve school year and thereafter pursuant
to section thirty-six hundred nine-a of this [article] PART by an amount
equal to the SUM OF THE gap elimination  adjustment  computed  for  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13144-01-1

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