S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6710
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2017
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee 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:

   Section 1.  Paragraph c of subdivision 5 of section 3604 of the educa-
 tion law, as added by chapter 82 of the laws of 1995, is amended to read
 as follows:
   c. Payment of moneys due for prior years. (I) State aid  payments  due
 for  prior  years  in accordance with the provisions of this subdivision
 shall be paid within the limit of the appropriation designated  therefor
 provided,  however,  that  each  eligible  claim shall be payable in the
 order that it has been approved for payment by the commissioner, but  in
 no  case  shall  a single claim draw down more than forty percent of the
 appropriation so designated for a single year, and provided further that
 no claim shall be set  aside  for  insufficiency  of  funds  to  make  a
 complete  payment,  but  shall  be eligible for a partial payment in one
 year and shall retain its priority date status for appropriations desig-
 nated for such purposes in future years.
   (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH,  IF A SCHOOL DISTRICT IS SUBJECT TO A STATE AID ADJUSTMENT PURSU-
 ANT TO PARAGRAPH A OF THIS SUBDIVISION BECAUSE SUCH  DISTRICT  HAS  BEEN
 APPORTIONED  MORE  MONEY  THAN  THAT  TO  WHICH IT IS ENTITLED, PRIOR TO
 DEDUCTING SUCH ADDITIONAL MONEY FROM FUTURE APPORTIONMENTS MADE TO  SUCH
 DISTRICT,  THE  COMMISSIONER  SHALL  FIRST DETERMINE IF SUCH DISTRICT IS
 OWED MONEY FOR PRIOR YEAR CLAIMS PURSUANT TO  THIS  PARAGRAPH.  IF  SUCH
 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08721-02-7