Senate Bill S4587

2023-2024 Legislative Session

Relates to payment of moneys due for prior years

download bill text pdf

Sponsored By

Current 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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2023-S4587 (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3604, Ed L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4476
2019-2020: S542
2021-2022: S1937

2023-S4587 (ACTIVE) - Summary

Relates to payment of moneys due for prior years; provides that if a school district is owed funds on the prior year adjustment list maintained by the department, prior to deducting any money, the department shall first offset the overpayment amount by the total amount owed on such list regardless of the district's priority date status.

2023-S4587 (ACTIVE) - Sponsor Memo

2023-S4587 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4587
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 payment of moneys due
   for prior years
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph c of subdivision 5 of section 3604 of the educa-
 tion law, as added by chapter 82 of the laws of 1995, is amended to read
 as follows:
   c.  Payment  of moneys due for prior years. (I) State aid payments due
 for prior years in accordance with the provisions  of  this  subdivision
 shall  be paid within the limit of the appropriation designated therefor
 provided, however, that each eligible claim  shall  be  payable  in  the
 order  that it has been approved for payment by the commissioner, but in
 no case shall a single claim draw down more than forty  percent  of  the
 appropriation so designated for a single year, and provided further that
 no  claim  shall  be  set  aside  for  insufficiency  of funds to make a
 complete payment, but shall be eligible for a  partial  payment  in  one
 year and shall retain its priority date status for appropriations desig-
 nated for such purposes in future years.
   (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, IF A SCHOOL DISTRICT IS SUBJECT TO A STATE AID ADJUSTMENT  PURSU-
 ANT  TO  PARAGRAPH  A OF THIS SUBDIVISION BECAUSE SUCH DISTRICT HAS BEEN
 APPORTIONED MORE MONEY THAN THAT TO  WHICH  IT  IS  ENTITLED,  PRIOR  TO
 DEDUCTING  SUCH ADDITIONAL MONEY FROM FUTURE APPORTIONMENTS MADE TO SUCH
 DISTRICT, THE COMMISSIONER SHALL FIRST DETERMINE  IF  SUCH  DISTRICT  IS
 OWED  MONEY  FOR  PRIOR  YEAR CLAIMS PURSUANT TO THIS PARAGRAPH. IF SUCH
 DISTRICT IS OWED FUNDS ON THE PRIOR YEAR ADJUSTMENT LIST  MAINTAINED  BY
 THE DEPARTMENT, PRIOR TO DEDUCTING ANY MONEY, THE DEPARTMENT SHALL FIRST
 OFFSET  THE  OVERPAYMENT  AMOUNT  BY  THE TOTAL AMOUNT OWED ON SUCH LIST
 REGARDLESS OF THE DISTRICT'S PRIORITY DATE STATUS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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