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S04957 Summary:

S04957 Actions:

S04957 Committee Votes:

S04957 Floor Votes:

S04957 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4957
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      April 2, 2019
                                       ___________
 
        Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT authorizing the Schenevus central school district to apply to the
          commissioner of education to receive an apportionment to be  used  for
          services  and  expenses  of  such  school  district and to support its
          educational programs and any liability in carrying out  the  functions
          and responsibilities of such district
 
          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  Schenevus central school district, certain apportionments payable to the
     3  Schenevus central school district shall be paid on an accelerated sched-
     4  ule as follows:
     5    a. (1) Notwithstanding any other provisions of law, for aid payable in
     6  the  school  years  2018-2019  through 2047-2048 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 Schenevus central school district
    12  shall be eligible to receive an apportionment pursuant to this act in an
    13  amount equal to the product of five hundred thousand dollars  ($500,000)
    14  and  the  quotient of the positive difference of thirty minus the number
    15  of school years elapsed since the 2018-2019 school year divided by thir-
    16  ty. (2) Funds apportioned pursuant to this subdivision shall be used for
    17  services and expenses of the Schenevus central school district and shall
    18  be applied to support of its  educational  programs  and  any  liability
    19  incurred  by such city school district in carrying out its functions and
    20  responsibilities under the education law.
    21    b. The claim for an apportionment to be paid to the Schenevus  central
    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.
                                                                   LBD11028-01-9
        S. 4957                             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  Schenevus
    12  central  school  district pursuant to this subdivision and subdivision a
    13  of 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  l  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 Schenevus central 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  Schenevus  central  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 2019
    38  and ending in June 2049, the chief fiscal officer and the superintendent
    39  of schools of the Schenevus central school district  shall  prepare  and
    40  submit to the board of education a report of the fiscal condition of the
    41  school district, including but not limited to the most current available
    42  data on fund balances on funds maintained by the school district and the
    43  district's use of the apportionments provided pursuant to subdivisions a
    44  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 2018-2019 through 2047-2048 school years, the chief fiscal
    52  officer of the Schenevus central 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
        S. 4957                             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  Schenevus  central  school  district,  the state division of 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.