S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3370

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON, KLEIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

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:

  Section  1.  In order to avoid endangering the fiscal stability of the
Mount Vernon city school district, certain apportionments payable to the
city school district of the city of Mount Vernon shall  be  paid  on  an
accelerated schedule as follows:
  a. (1) Notwithstanding any other provisions of law, for aid payable in
the  school  years  2013-2014  through 2040-2041 upon application to the
commissioner of education submitted not sooner than the second Monday in
June of the school year in which such aid is payable and not later  than
the  Friday  following  the  third  Monday in June of the school year in
which such aid is payable, or ten days after the effective date of  this
act,  whichever  shall  be  later, the Mount Vernon city school district
shall be eligible to receive an apportionment pursuant to this act in an
amount equal to the product of five million dollars ($5,000,000) and the
quotient of the positive difference of thirty minus the number of school
years elapsed since the 2013-2014 school year divided by thirty.
  (2) Funds apportioned pursuant to this subdivision shall be  used  for
services  and  expenses of the city school district of the city of Mount
Vernon and shall be applied to support of its educational  programs  and
any  liability incurred by such city school district in carrying out its
functions and responsibilities under the education law.
  b. The claim for an apportionment to be paid to the Mount Vernon  city
school  district  pursuant  to  subdivision  a  of this section shall be
submitted to the commissioner of education on a form prescribed for such
purpose, and shall be payable upon determination  by  such  commissioner
that  the  form  has  been  submitted  as prescribed and that the school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06407-01-3
              

S. 3370                             2

district has complied with the reporting requirements of this  act.  For
each  school year in which application is made pursuant to subdivision a
of this section, such approved amount shall be payable on or before June
thirtieth  of  such  school year upon the audit and warrant of the state
comptroller on vouchers certified or approved  by  the  commissioner  of
education  in  the  manner  prescribed  by  law from moneys in the state
lottery fund appropriated for general support of public schools and from
the general fund to the extent that the amount paid to the Mount  Vernon
city  school  district pursuant to this subdivision and subdivision a of
this section exceeds the amount of the lottery  apportionment,  if  any,
due  such school district pursuant to subparagraph (2) of paragraph a of
subdivision 1 of section 3609-a  of  the  education  law  on  or  before
September first of such school year.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to the Mount Vernon city  school
district  during  the base year pursuant to subdivisions a and b of this
section shall first be deducted from payments  due  during  the  current
school  year  pursuant  to  subparagraphs  (1), (2), (3), (4) and (5) of
paragraph a of subdivision 1 of section 3609-a of the education  law  in
the  following  order:  the  lottery  apportionment  payable pursuant to
subparagraph (2) of such paragraph followed by the fixed  fall  payments
payable  pursuant to subparagraph (4) of such paragraph, and any remain-
der to be deducted from the individualized payments due to the  district
pursuant to paragraph b of such subdivision shall be deducted on a chro-
nological basis starting with the earliest payment due the district.
  d.  Notwithstanding  any  other provisions of law, the sum of payments
made to the Mount Vernon city  school  district  during  the  base  year
pursuant  to  subdivisions a and b of this section plus payments made to
such school district during the current year pursuant to section  3609-a
of the education law shall be deemed to truly represent all aids paid to
such  school  district  during  the current school year pursuant to such
section 3609-a for the purposes of computing  any  adjustments  to  such
aids that may occur in a subsequent school year.
  e. (1) On or before the first day of each month beginning in July 2014
and ending in June 2041, the chief fiscal officer and the superintendent
of  schools  of  the Mount Vernon city school district shall prepare and
submit to the board of education of the city school district a report of
the fiscal condition of the school district, including but  not  limited
to  the most current available data on fund balances on funds maintained
by the school district and the  district's  use  of  the  apportionments
provided pursuant to subdivisions a and b of this section.
  (2) Such monthly report shall be in a format prescribed by the commis-
sioner  of  education.  The  board  of education shall either reject and
return the report to the chief fiscal officer and the superintendent  of
schools  for  appropriate revisions and resubmittal or shall approve the
report and submit copies to the commissioner of education and the  state
comptroller of such approved report as submitted or resubmitted.
  (3)  In the 2013-2014 through 2040-2041 school years, the chief fiscal
officer of the Mount Vernon city school district shall monitor all budg-
ets and for each budget, shall prepare a quarterly report of  summarized
budget  data  depicting  overall  trends  of  actual revenues and budget
expenditures for the entire budget as well  as  individual  line  items.
Such  report  shall  compare revenue estimates and appropriations as set
forth in such budget with the actual revenues and expenditures  made  to
date.  All  quarterly  reports  shall be accompanied by a recommendation
from the superintendent of schools or chief fiscal officer to the  board

S. 3370                             3

of education setting forth any remedial actions necessary to resolve any
unfavorable  budget variance including the overestimation of revenue and
underestimation of appropriations. The chief fiscal officer  shall  also
prepare,  as  part  of such report, a quarterly trial balance of general
ledger accounts in accordance with generally accepted accounting princi-
ples as prescribed by  the  state  comptroller.  All  reports  shall  be
completed  within  sixty days after the end of each quarter and shall be
submitted to the chief fiscal officer and the board of education of  the
Mount Vernon city school district, the state division of the budget, the
office  of  the  state  comptroller,  the commissioner of education, the
chair of the assembly ways and means committee  and  the  chair  of  the
senate finance committee.
  S 2. This act shall take effect immediately.