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A06581 Summary:

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A06581 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6581--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 22, 2011
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Education -- recommitted  to  the  Committee  on  Education  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 

        AN ACT providing for accelerated payments to the city school district of
          the city of Mount Vernon
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. In order to avoid endangering the fiscal stability  of  the
     2  Mount Vernon city school district, certain apportionments payable to the
     3  city  school  district  of  the city of Mount Vernon shall be paid on an
     4  accelerated schedule as follows:
     5    a. (1) Notwithstanding any other provisions of law, for aid payable in
     6  the school years 2012-2013 through 2040-2041  upon  application  to  the
     7  commissioner of education submitted not sooner than the second Monday in
     8  June  of the school year in which such aid is payable and not later than
     9  the Friday following the third Monday in June  of  the  school  year  in

    10  which  such aid is payable, or ten days after the effective date of this
    11  act, whichever shall be later, the Mount  Vernon  city  school  district
    12  shall be eligible to receive an apportionment pursuant to this act in an
    13  amount equal to the product of five million dollars ($5,000,000) and the
    14  quotient of the positive difference of thirty minus the number of school
    15  years elapsed since the 2012-2013 school year divided by thirty.
    16    (2)  Funds  apportioned pursuant to this subdivision shall be used for
    17  services and expenses of the city school district of the city  of  Mount
    18  Vernon  and  shall be applied to support of its educational programs and
    19  any liability incurred by such city school district in carrying out  its
    20  functions and responsibilities under the education law.
    21    b.  The claim for an apportionment to be paid to the Mount Vernon city

    22  school district pursuant to subdivision  a  of  this  section  shall  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09276-02-2
        A. 6581--A                          2
 
     1  submitted to the commissioner of education on a form prescribed for such
     2  purpose,  and  shall  be payable upon determination by such commissioner
     3  that the form has been submitted  as  prescribed  and  that  the  school
     4  district  has  complied with the reporting requirements of this act. For
     5  each school year in which application is made pursuant to subdivision  a
     6  of this section, such approved amount shall be payable on or before June
     7  thirtieth  of  such  school year upon the audit and warrant of the state

     8  comptroller on vouchers certified or approved  by  the  commissioner  of
     9  education  in  the  manner  prescribed  by  law from moneys in the state
    10  lottery fund appropriated for general support of public schools and from
    11  the general fund to the extent that the amount paid to the Mount  Vernon
    12  city  school  district pursuant to this subdivision and subdivision a of
    13  this section exceeds the amount of the lottery  apportionment,  if  any,
    14  due  such school district pursuant to subparagraph (2) of paragraph a of
    15  subdivision 1 of section 3609-a  of  the  education  law  on  or  before
    16  September first of such school year.
    17    c.  Notwithstanding  the provisions of section 3609-a of the education
    18  law, an amount equal to the amount paid to the Mount Vernon city  school
    19  district  during  the base year pursuant to subdivisions a and b of this

    20  section shall first be deducted from payments  due  during  the  current
    21  school  year  pursuant  to  subparagraphs  (1), (2), (3), (4) and (5) of
    22  paragraph a of subdivision 1 of section 3609-a of the education  law  in
    23  the  following  order:  the  lottery  apportionment  payable pursuant to
    24  subparagraph (2) of such paragraph followed by the fixed  fall  payments
    25  payable  pursuant to subparagraph (4) of such paragraph, and any remain-
    26  der to be deducted from the individualized payments due to the  district
    27  pursuant to paragraph b of such subdivision shall be deducted on a chro-
    28  nological basis starting with the earliest payment due the district.
    29    d.  Notwithstanding  any  other provisions of law, the sum of payments
    30  made to the Mount Vernon city  school  district  during  the  base  year
    31  pursuant  to  subdivisions a and b of this section plus payments made to

    32  such school district during the current year pursuant to section  3609-a
    33  of the education law shall be deemed to truly represent all aids paid to
    34  such  school  district  during  the current school year pursuant to such
    35  section 3609-a for the purposes of computing  any  adjustments  to  such
    36  aids that may occur in a subsequent school year.
    37    e. (1) On or before the first day of each month beginning in July 2013
    38  and ending in June 2041, the chief fiscal officer and the superintendent
    39  of  schools  of  the Mount Vernon city school district shall prepare and
    40  submit to the board of education of the city school district a report of
    41  the fiscal condition of the school district, including but  not  limited
    42  to  the most current available data on fund balances on funds maintained
    43  by the school district and the  district's  use  of  the  apportionments

    44  provided pursuant to subdivisions a and b of this section.
    45    (2) Such monthly report shall be in a format prescribed by the commis-
    46  sioner  of  education.  The  board  of education shall either reject and
    47  return the report to the chief fiscal officer and the superintendent  of
    48  schools  for  appropriate revisions and resubmittal or shall approve the
    49  report and submit copies to the commissioner of education and the  state
    50  comptroller of such approved report as submitted or resubmitted.
    51    (3)  In the 2012-2013 through 2040-2041 school years, the chief fiscal
    52  officer of the Mount Vernon city school district shall monitor all budg-
    53  ets and for each budget, shall prepare a quarterly report of  summarized
    54  budget  data  depicting  overall  trends  of  actual revenues and budget
    55  expenditures for the entire budget as well  as  individual  line  items.

    56  Such  report  shall  compare revenue estimates and appropriations as set
        A. 6581--A                          3
 
     1  forth in such budget with the actual revenues and expenditures  made  to
     2  date.  All  quarterly  reports  shall be accompanied by a recommendation
     3  from the superintendent of schools or chief fiscal officer to the  board
     4  of education setting forth any remedial actions necessary to resolve any
     5  unfavorable  budget variance including the overestimation of revenue and
     6  underestimation of appropriations. The chief fiscal officer  shall  also
     7  prepare,  as  part  of such report, a quarterly trial balance of general
     8  ledger accounts in accordance with generally accepted accounting princi-
     9  ples as prescribed by  the  state  comptroller.  All  reports  shall  be
    10  completed  within  sixty days after the end of each quarter and shall be

    11  submitted to the chief fiscal officer and the board of education of  the
    12  Mount Vernon city school district, the state division of the budget, the
    13  office  of  the  state  comptroller,  the commissioner of education, the
    14  chair of the assembly ways and means committee  and  the  chair  of  the
    15  senate finance committee.
    16    § 2. This act shall take effect immediately.