Bill Text: NY S04587 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S04587 Detail]

Download: New_York-2023-S04587-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4587

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1.  Paragraph c of subdivision 5 of section 3604 of the educa-
     2  tion law, as added by chapter 82 of the laws of 1995, is amended to read
     3  as follows:
     4    c.  Payment  of moneys due for prior years. (i) State aid payments due
     5  for prior years in accordance with the provisions  of  this  subdivision
     6  shall  be paid within the limit of the appropriation designated therefor
     7  provided, however, that each eligible claim  shall  be  payable  in  the
     8  order  that it has been approved for payment by the commissioner, but in
     9  no case shall a single claim draw down more than forty  percent  of  the
    10  appropriation so designated for a single year, and provided further that
    11  no  claim  shall  be  set  aside  for  insufficiency  of funds to make a
    12  complete payment, but shall be eligible for a  partial  payment  in  one
    13  year and shall retain its priority date status for appropriations desig-
    14  nated for such purposes in future years.
    15    (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
    16  graph, if a school district is subject to a state aid adjustment  pursu-
    17  ant  to  paragraph  a of this subdivision because such district has been
    18  apportioned more money than that to  which  it  is  entitled,  prior  to
    19  deducting  such additional money from future apportionments made to such
    20  district, the commissioner shall first determine  if  such  district  is
    21  owed  money  for  prior  year claims pursuant to this paragraph. If such
    22  district is owed funds on the prior year adjustment list  maintained  by
    23  the department, prior to deducting any money, the department shall first
    24  offset  the  overpayment  amount  by  the total amount owed on such list
    25  regardless of the district's priority date status.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09161-01-3