senate Bill S1561C

2013-2014 Legislative Session

Relates to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology

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Sponsored By

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

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
returned to senate
died in assembly
Jun 21, 2013 referred to higher education
Jun 20, 2013 delivered to assembly
passed senate
ordered to third reading cal.1540
committee discharged and committed to rules
Jun 14, 2013 print number 1561c
amend and recommit to finance
Jun 05, 2013 reported and committed to finance
May 28, 2013 print number 1561b
amend and recommit to higher education
May 22, 2013 print number 1561a
amend and recommit to higher education
Jan 09, 2013 referred to higher education

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S1561 - Bill Details

See Assembly Version of this Bill:
A934A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6305, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7152, A10700

S1561 - Bill Texts

view summary

Relates to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology.

view sponsor memo
BILL NUMBER:S1561

TITLE OF BILL: An act to amend the education law, in relation to
payments to community colleges by the state, and to repeal subdivision
10 of section 6305 of the education law relating to state
reimbursement to counties for amounts paid on behalf of non-resident
students in attendance at the fashion institute of technology

PURPOSE: The purpose of this bill is to alleviate the financial
burden on New York State counties from having to pay charge back fees
to FIT for upper division programs.

SUMMARY OF PROVISIONS:

Section 1. Provides that subject to the availability of appropriation,
that state shall pay the charge back fees for baccalaureate and
masters degree programs to FIT. On or before March 31, 2012, the state
shall pay 50% of the costs and on or before June 1. 2013, the state
shall make the remaining 50% payment to FIT. This section further
provides that on or after June 1, 2014 and thereafter, the state shall
pay 100% of such costs.

In the event that the state does not pay, the counties that issue the
certificate of residences shall make such payments.

Section 2. Removes the authority for the counties to charge the cities
and towns charge back fees for resident students who attend community
colleges that are not in such resident student's home county.

Section 4. Sets for the effective date.

JUSTIFICATION: The Fashion Institute of Technology is a uniquely
situated community college. FIT relies on funding from three sources,
local sponsor's share, state support and student tuition, much like
any other community college. However, FIT grants baccalaureate and
masters degrees which makes them unique. In a recent court case, FIT's
designation as a community college was upheld, however, the court
found that counties should only required to provide charge back fees
for their two year programs. Charge back fees are collected as part of
an off-set to the local sponsor's share and are paid by counties whose
residents choose to attend an out of county community college.

In these trying economic times, counties are finding it difficult, if
not impossible, to pay the upper level charge back fees. This fact,
coupled with the court's decision, makes this bill necessary to
alleviate some of the counties' burden but to still fund FIT at
appropriate and fair levels.

FIT provides a very specialized education in a variety of sought after
programs. The Institute has impressive graduation and successful job
placement rates and should be financially supported.

Therefore, this bill would achieve the goal of fully funding FIT by
having the state pick up the charge back sots for the upper division
degrees while easing the counties' financial hardships.


It is important to note, that this bill does not provide an unfair
advantage to FIT over other community colleges because it keeps in
place the counties obligation to pay the lower level charge back fees
which are paid to all other community colleges for two year degrees.

LEGISLATIVE HISTORY: 2012 S.7152.

FISCAL IMPLICATIONS: Pursuant to appropriation, approximately $10.8M
in 2013-14.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1561

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the education law, in relation to payments to  community
  colleges by the state, and to repeal subdivision 10 of section 6305 of
  the  education  law  relating  to  state reimbursement to counties for
  amounts paid on behalf of non-resident students in attendance  at  the
  fashion institute of technology

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

  Section 1. Subdivision 3 of section 6302  of  the  education  law,  as
amended  by  chapter  552  of  the  laws  of 1984, is amended to read as
follows:
  3. In the city of New York, the [board] DEPARTMENT of education,  with
the  approval of the state university trustees, may act as a local spon-
sor in the establishment and operation, as a  community  college,  of  a
post secondary technical vocational training institution which is partly
supported  by  such [board] DEPARTMENT of education and partly supported
by an educational foundation for an industry chartered by the  board  of
regents.  In  addition  to  the community college programs and curricula
authorized by this article, the institution  may  offer  such  baccalau-
reate,  masters degree programs and curricula in support of its mission,
in accordance with standards and regulations  prescribed  by  the  state
university  trustees, as may be authorized pursuant to the provisions of
the master plan. Notwithstanding any other provision of law, the  insti-
tution  shall  be  financed  and administered in the manner provided for
community colleges; PROVIDED, HOWEVER, THAT SUBJECT TO THE  AVAILABILITY
OF  STATE  APPROPRIATION,  CHARGE  BACKS  FOR  BACCALAUREATE AND MASTERS
DEGREE NON-RESIDENTS OF  THE  LOCAL  COLLEGE  SPONSOR,  AS  REQUIRED  BY
SECTION  SIXTY-THREE  HUNDRED FIVE OF THIS ARTICLE TO BE PAID BY THE NEW
YORK STATE COUNTY OF SUCH NON-RESIDENT STUDENT, SHALL  BE  PAID  BY  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02672-01-3

S. 1561                             2

STATE  OF  NEW YORK. ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND FOUR-
TEEN, THE STATE SHALL MAKE FIFTY PERCENT OF SUCH PAYMENT TO SUCH  COMMU-
NITY  COLLEGE,  AND  ON  OR AFTER JUNE FIRST, TWO THOUSAND FOURTEEN, THE
STATE  SHALL  MAKE  THE  REMAINING FIFTY PERCENT OF SUCH PAYMENT TO SUCH
COMMUNITY COLLEGE, AND ON JUNE FIRST, TWO  THOUSAND  FIFTEEN  AND  EVERY
YEAR THEREAFTER, THE STATE SHALL PAY ONE HUNDRED PERCENT OF SUCH PAYMENT
TO  SUCH  COMMUNITY COLLEGE. IN THE EVENT OF THE FAILURE OF THE STATE TO
MAKE SUCH PAYMENTS, THE COUNTIES ISSUING THE CERTIFICATES  OF  RESIDENCE
SHALL MAKE SUCH PAYMENTS.
  S 2. Subdivision 5 of section 6305 of the education law, as amended by
chapter 681 of the laws of 1971, is amended to read as follows:
  5.  Amounts  payable  to  such  colleges  by a county pursuant to this
section shall be a general county charge[; provided, however, that  with
respect  to the amounts allocable to each community college a county may
charge back such amounts in whole or in part to the cities and towns  in
the  county in proportion to the number of students who, on the basis of
certificates of residence issued by such  county,  were  attending  each
such  college  as non-residents of the local sponsors thereof during the
terms for which the county has been charged, and who were  residents  of
each such city or town at the beginning of such terms].
  S 3. Subdivision 10 of section 6305 of the education law is REPEALED.
  S 4. This act shall take effect immediately.

Co-Sponsors

S1561A - Bill Details

See Assembly Version of this Bill:
A934A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6305, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7152, A10700

S1561A - Bill Texts

view summary

Relates to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology.

view sponsor memo
BILL NUMBER:S1561A

TITLE OF BILL: An act to amend the education law, in relation to
state reimbursement to counties for amounts paid on behalf of
non-resident students in attendance at the fashion institute of
technology

PURPOSE: The purpose of this bill is to alleviate the financial
burden on New York State counties from having to pay charge back fees
to FIT for upper division programs.

SUMMARY OF PROVISIONS:

Section 1. Provides that subject to the availability of appropriation,
that state shall pay the charge back fees for baccalaureate and
masters degree programs to FIT. On or before March 31, 2012, the state
shall pay 50% of the costs and on or before June 1. 2013, the state
shall make the remaining 50% payment to FIT. This section further
provides that on or after June 1, 2014 and thereafter, the state shall
pay 100% of such costs.

In the event that the state does not pay, the counties that issue the
certificate of residences shall make such payments.

Removes the authority for the counties to charge the cities and towns
charge back fees for resident students who attend community colleges
that are not in such resident student's home county.

Section 2. Sets for the effective date.

JUSTIFICATION: The Fashion Institute of Technology is a uniquely
situated community college. FIT relies on funding from three sources,
local sponsor's share, state support and student tuition, much like
any other community college. However, FIT grants baccalaureate and
masters degrees which makes them unique. In a recent court case, FIT's
designation as a community college was upheld, however, the court
found that counties should only required to provide charge back fees
for their two year programs. Charge back fees are collected as part of
an off-set to the local sponsor's share and are paid by counties whose
residents choose to attend an out of county community college.

In these trying economic times, counties are finding it difficult, if
not impossible, to pay the upper level charge back fees. This fact,
coupled with the court's decision, makes this bill necessary to
alleviate some of the counties' burden but to still fund FIT at
appropriate and fair levels.

FIT provides a very specialized education in a variety of sought after
programs. The Institute has impressive graduation and successful job
placement rates and should be financially supported.

Therefore, this bill would achieve the goal of fully funding FIT by
having the state pick up the charge back sots for the upper division
degrees while easing the counties' financial hardships.

It is important to note, that this bill does not provide an unfair
advantage to FIT over other community colleges because it keeps in


place the counties obligation to pay the lower level charge back fees
which are paid to all other community colleges for two year degrees.

LEGISLATIVE HISTORY: 2012 S.7152.

FISCAL IMPLICATIONS: Pursuant to appropriation, approximately $10.8M
in 2013-14.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1561--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LAVALLE, FLANAGAN, KENNEDY, LANZA, ZELDIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Higher Education -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to state reimbursement to
  counties for amounts  paid  on  behalf  of  non-resident  students  in
  attendance at the fashion institute of technology

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

  Section 1.  Subdivision 10 of section 6305 of the  education  law,  as
added by chapter 170 of the laws of 1994, is amended to read as follows:
  10.  On or before March thirty-first, nineteen hundred ninety-five and
every year thereafter, the state shall reimburse each county  which  has
issued  a  certificate  of  residence  for  any  non-resident student in
attendance at the fashion institute of technology  during  the  nineteen
hundred ninety-three--ninety-four academic year and every year thereaft-
er in an amount equal to fifty percent of the actual amount paid by such
county  on behalf of such students and on or before June first, nineteen
hundred ninety-five and every year thereafter, the state shall reimburse
each county for the remaining fifty percent of the actual amount paid by
each such county on behalf of such students.   NOTWITHSTANDING  SUBDIVI-
SION  FIVE  OF  THIS  SECTION,  AND SUBJECT TO THE AVAILABILITY OF STATE
APPROPRIATIONS FOR STATE FISCAL YEARS TWO THOUSAND  FOURTEEN--TWO  THOU-
SAND FIFTEEN AND THEREAFTER, GENERAL COUNTY CHARGES PAYABLE TO THE FASH-
ION  INSTITUTE OF TECHNOLOGY FOR NON-RESIDENT STUDENTS ENROLLED IN UPPER
DIVISION CLASSES SHALL NOT BE CHARGED BACK TO ANY CITY, TOWN OR  VILLAGE
WITHIN  THE  COUNTY. PROVIDED FURTHER HOWEVER, THAT FOR THE TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR  ONLY,  A  COUNTY  MAY
CHARGE  BACK  CITIES,  VILLAGES  AND TOWNS WITHIN THE COUNTY UP TO FIFTY
PERCENT OF THE ACADEMIC YEAR COSTS ATTRIBUTABLE TO NON-RESIDENT  ENROLL-
MENT IN UPPER DIVISION CLASSES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02672-02-3

Co-Sponsors

S1561B - Bill Details

See Assembly Version of this Bill:
A934A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6305, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7152, A10700

S1561B - Bill Texts

view summary

Relates to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology.

view sponsor memo
BILL NUMBER:S1561B

TITLE OF BILL: An act to amend the education law, in relation to
state reimbursement to counties for amounts paid on behalf of
non-resident students in attendance at the fashion institute of
technology

PURPOSE: The purpose of this bill is to alleviate the financial
burden on New York State counties from having to pay charge back fees
to FIT for upper division programs.

SUMMARY OF PROVISIONS:

Section 1. Provides that subject to the availability of appropriation,
the State shall pay the charge back fees for baccalaureate and masters
degree programs to FIT, and in turn, counties will no longer have the
authority to pass such costs on to any city, town or village in that
county.

In the event that the State does not pay, the counties that issue the
certificate of residences shall make such payments and the current law
shall be controlling.

Section 2. Sets for the effective date

JUSTIFICATION: The Fashion Institute of Technology is a uniquely
situated community college FIT relies on funding from three sources,
local sponsor's share, state support and student tuition, much like
any other community college. However, FIT grants baccalaureate and
masters degrees which makes them unique.

Charge back fees are collected as part of an off-set to the local
sponsor's share and are paid by counties whose residents choose to
attend an out of county community college. Counties may then pass
those costs on to cities, towns and villages in such counties.

In these trying economic times, counties are finding it difficult, if
not impossible, to pay the upper level charge back fees and the burden
is falling on the localities This bill is necessary to alleviate some
of the counties' burden and eliminate their need to charge back the
localities but to still fund FIT at appropriate and fair levels.

FIT provides a very specialized education in a variety of sought after
programs The Institute has impressive graduation and successful job
placement rates and should be financially supported.

Therefore, this bill would achieve the goal of fully funding FIT by
having the state pick up the charge back costs for the upper division
degrees while easing the counties' financial hardships.

It is important to note, that this bill does not provide an unfair
advantage to FIT over other community colleges because it keeps in
place the counties obligation to pay the lower level charge back fees
which are paid to all other community colleges for two year degrees.

LEGISLATIVE HISTORY: 2012 S.7152.


FISCAL IMPLICATIONS: Pursuant to appropriation, approximately $10.8M
in 2013-14.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1561--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LAVALLE, FLANAGAN, KENNEDY, LANZA, ZELDIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Higher Education -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education law, in relation to state reimbursement to
  counties for amounts  paid  on  behalf  of  non-resident  students  in
  attendance at the fashion institute of technology

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

  Section 1.  Subdivision 10 of section 6305 of the  education  law,  as
added by chapter 170 of the laws of 1994, is amended to read as follows:
  10.  On or before March thirty-first, nineteen hundred ninety-five and
every year thereafter, the state shall reimburse each county  which  has
issued  a  certificate  of  residence  for  any  non-resident student in
attendance at the fashion institute of technology  during  the  nineteen
hundred ninety-three--ninety-four academic year and every year thereaft-
er in an amount equal to fifty percent of the actual amount paid by such
county  on behalf of such students and on or before June first, nineteen
hundred ninety-five and every year thereafter, the state shall reimburse
each county for the remaining fifty percent of the actual amount paid by
each such county on behalf of such students.   NOTWITHSTANDING  SUBDIVI-
SION  FIVE  OF  THIS  SECTION,  AND SUBJECT TO THE AVAILABILITY OF STATE
APPROPRIATIONS FOR STATE FISCAL YEARS TWO THOUSAND  FOURTEEN--TWO  THOU-
SAND FIFTEEN AND THEREAFTER, GENERAL COUNTY CHARGES PAYABLE TO THE FASH-
ION  INSTITUTE OF TECHNOLOGY FOR NON-RESIDENT STUDENTS ENROLLED IN UPPER
DIVISION CLASSES SHALL NOT BE CHARGED BACK TO ANY CITY, TOWN OR  VILLAGE
WITHIN  THE  COUNTY.  PROVIDED, THAT THE FASHION INSTITUTE OF TECHNOLOGY
HAS RECEIVED FUNDS EQUAL TO SUCH COSTS FROM THE STATE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02672-04-3

Co-Sponsors

view additional co-sponsors

S1561C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A934A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6305, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7152, A10700

S1561C (ACTIVE) - Bill Texts

view summary

Relates to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology.

view sponsor memo
BILL NUMBER:S1561C

TITLE OF BILL: An act to amend the education law, in relation to
state reimbursement to counties for amounts paid on behalf of
non-resident students in attendance at the fashion institute of
technology

PURPOSE: The purpose of this bill is to alleviate the financial
burden on New York State counties from having to pay charge back fees
to FIT for upper division programs.

SUMMARY OF PROVISIONS:

Section 1. Provides that subject to the availability of appropriation,
the State shall pay the charge back fees for baccalaureate and masters
degree programs to FIT, and in turn, counties will no longer have the
authority to pass such costs on to any city, town or village in that
county. In the event that the State does not pay, the counties that
issue the certificate of residences shall make such payments and the
current law shall be controlling

Section 2. Sets for the effective date.

JUSTIFICATION: The Fashion Institute of Technology is a uniquely
situated community college FIT relies on funding from three sources,
local sponsor's share, state support and student tuition, much like
any other community college. However, FIT grants baccalaureate and
masters degrees which makes them unique.

Charge back fees are collected as part of an off-set to the local
sponsor's share and are paid by counties whose residents choose to
attend an out of county community college. Counties may then pass
those costs on to cities, towns and villages in such counties

In these trying economic times, counties are finding it difficult, if
not impossible, to pay the upper level charge back fees and the burden
is falling on the localities. This bill is necessary to alleviate some
of the counties' burden and eliminate their need to charge back the
localities but to still fund FIT at appropriate and fair levels.

FIT provides a very specialized education in a variety of sought after
programs. The Institute has impressive graduation and successful job
placement rates and should be financially supported

Therefore, this bill would achieve the goal of fully funding FIT by
having the state pick up the charge back costs for the upper division
degrees while easing the counties' financial hardships.

It is important to note, that this bill does not provide an unfair
advantage to FIT over other community colleges because it keeps in
place the counties obligation to pay the lower level charge back fees
which are paid to all other community colleges for two year degrees

LEGISLATIVE HISTORY: 2012 S.7152.

FISCAL IMPLICATIONS: Pursuant to appropriation, approximately $10.8M
in 2013-14.


EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1561--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LAVALLE, FLANAGAN, KENNEDY, LANZA, ZELDIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Higher Education -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the education law, in relation to state reimbursement to
  counties for amounts  paid  on  behalf  of  non-resident  students  in
  attendance at the fashion institute of technology

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

  Section 1.  Subdivision 10 of section 6305 of the  education  law,  as
added by chapter 170 of the laws of 1994, is amended to read as follows:
  10.  On or before March thirty-first, nineteen hundred ninety-five and
every year thereafter, the state shall reimburse each county  which  has
issued  a  certificate  of  residence  for  any  non-resident student in
attendance at the fashion institute of technology  during  the  nineteen
hundred ninety-three--ninety-four academic year and every year thereaft-
er in an amount equal to fifty percent of the actual amount paid by such
county  on behalf of such students and on or before June first, nineteen
hundred ninety-five and every year thereafter, the state shall reimburse
each county for the remaining fifty percent of the actual amount paid by
each such county on behalf of such students.   NOTWITHSTANDING  SUBDIVI-
SION  FIVE  OF  THIS  SECTION,  AND SUBJECT TO THE AVAILABILITY OF STATE
APPROPRIATIONS FOR STATE FISCAL YEARS TWO THOUSAND  FOURTEEN--TWO  THOU-
SAND FIFTEEN AND THEREAFTER, GENERAL COUNTY CHARGES PAYABLE TO THE FASH-
ION  INSTITUTE OF TECHNOLOGY FOR NON-RESIDENT STUDENTS ENROLLED IN UPPER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02672-05-3

S. 1561--C                          2

DIVISION CLASSES SHALL NOT BE CHARGED BACK TO ANY CITY, TOWN OR  VILLAGE
WITHIN THE COUNTY. PROVIDED, THAT THE COUNTIES HAVE RECEIVED FUNDS EQUAL
TO SUCH COSTS FROM THE STATE.
  S 2. This act shall take effect immediately.

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