Bill Text: NY S05661 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to certain tuition and reconciliation rates and establishes the special education provider revolving loan fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-21 - PRINT NUMBER 5661A [S05661 Detail]

Download: New_York-2013-S05661-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5661--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 31, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education  --  recommitted
         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  certain  tuition  and
         reconciliation  rates; and to amend the state finance law, in relation
         to the special education provider revolving loan fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section  4405 of the education law is
    2  amended by adding two new paragraphs j and k to read as follows:
    3    J. THE TUITION RATES ESTABLISHED FOR  SPECIAL  ACT  SCHOOL  DISTRICTS,
    4  APPROVED  PRIVATE  SCHOOLS  FOR  STUDENTS  OF  SCHOOL  AGE, AND APPROVED
    5  PROVIDERS OF SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
    6  ARTICLE FOR THE TWO THOUSAND FOURTEEN - FIFTEEN TUITION  RATE  YEAR  AND
    7  ALL  SUBSEQUENT  YEARS THEREAFTER SHALL EQUAL THE PRODUCT OF THE TUITION
    8  RATE FOR THE BASE YEAR AND PERSONAL INCOME GROWTH INDEX  AS  DEFINED  BY
    9  PARAGRAPH  BB  OF  SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
   10  THIS CHAPTER.
   11    K. ALL RECONCILIATION RATES FILED AFTER JULY FIRST, TWO THOUSAND FOUR-
   12  TEEN IN ACCORDANCE WITH SECTION 200.9  OF  THE  DEPARTMENT'S  RULES  AND
   13  REGULATIONS SHALL BE ACTED UPON BY THE DIRECTOR OF THE BUDGET WITHIN ONE
   14  HUNDRED TWENTY DAYS OF SUBMISSION TO THE DEPARTMENT. SUCH RATES SHALL BE
   15  DEEMED APPROVED BY THE DIRECTOR OF THE BUDGET IN THE EVENT THAT NO FINAL
   16  ACTION  IS TAKEN BY THE DIRECTOR OF THE BUDGET WITHIN ONE HUNDRED TWENTY
   17  DAYS FROM THE SUBMISSION OF THE RECONCILIATION RATE TO THE DEPARTMENT.
   18    S 2. The state finance law is amended by adding a new section  97-oooo
   19  to read as follows:
   20    S  97-OOOO.  SPECIAL EDUCATION PROVIDER REVOLVING LOAN FUND.  1. THERE
   21  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMPTROLLER  AND  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11317-02-4
       S. 5661--A                          2
    1  COMMISSIONER  OF  TAXATION AND FINANCE A FUND TO BE KNOWN AS THE SPECIAL
    2  EDUCATION PROVIDER REVOLVING LOAN  FUND.  SUCH  FUND  SHALL  CONSIST  OF
    3  MONEYS MADE AVAILABLE PURSUANT TO APPROPRIATION AND ANY OTHER SOURCES IN
    4  ORDER  TO  PROVIDE SUPPORT SPECIAL ACT SCHOOL DISTRICTS, STATE EDUCATION
    5  DEPARTMENT APPROVED PRIVATE SCHOOLS FOR SPECIAL  EDUCATION  STUDENTS  OF
    6  SCHOOL  AGE,  AND  APPROVED  PROVIDERS  OF  SERVICES PURSUANT TO SECTION
    7  FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW.  MONEYS SHALL BE  PAID  OUT
    8  OF  THE  FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER PURSUANT
    9  TO SUCH SECTION.
   10    2. THE COMPTROLLER MAY PROVIDE SUCH A LOAN TO  A  SPECIAL  ACT  SCHOOL
   11  DISTRICT  OR  APPROVED SPECIAL EDUCATION PROVIDER DEFINED IN SUBDIVISION
   12  ONE OF THIS SECTION UPON RECEIPT OF  A  WRITTEN  AGREEMENT  BETWEEN  THE
   13  SCHOOL DISTRICT OR PROVIDER AND THE STATE EDUCATION DEPARTMENT OUTLINING
   14  THE  NEED  FOR  SUCH LOAN AND THE ANTICIPATED TUITION PAYMENT OR TUITION
   15  RECONCILIATION THAT WILL PROVIDE REASONABLE ASSURANCES OF REPAYMENT THAT
   16  IS SATISFACTORY TO THE COMPTROLLER. SUCH LOAN SHALL  NOT  BEAR  INTEREST
   17  AND  REPAYMENT OF SUCH LOAN MAY BE MADE UPON RECEIPT OF TUITION PAYMENTS
   18  AND RECONCILIATIONS, PURSUANT TO THE WRITTEN AGREEMENT.
   19    3. THE STATE COMPTROLLER SHALL PROMULGATE RULES AND REGULATIONS WITHIN
   20  NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION FOR THE  OPERATION  OF
   21  THE  SPECIAL EDUCATION PROVIDER REVOLVING LOAN FUND WHICH SHALL INCLUDE,
   22  BUT NOT BE LIMITED TO, THE CRITERIA TO BE USED  IN  DETERMINING  HOW  AN
   23  ELIGIBLE  SPECIAL EDUCATION PROVIDER MAY RECEIVE ASSISTANCE; A PROCEDURE
   24  AND ANY NECESSARY INFORMATION THAT A SPECIAL EDUCATION PROVIDER NEEDS TO
   25  SUBMIT FOR A LOAN FROM THE SPECIAL  EDUCATION  PROVIDER  REVOLVING  LOAN
   26  FUND;  A  SCHEDULE FOR REVIEWING SUCH APPLICATIONS, NOT TO EXCEED THIRTY
   27  DAYS, AND NOTIFICATION TO AN APPLICANT OF  APPROVAL  OR  DISAPPROVAL  OF
   28  SUCH APPLICATION FOR A LOAN, AND ANY OTHER REQUIREMENTS DEEMED NECESSARY
   29  BY THE STATE COMPTROLLER.
   30    S 3. This act shall take effect immediately.