NY State Senate Bill 2023-S104

Senate Bill S104

2023-2024 Legislative Session

Relates to providing additional reimbursement to school districts for expenses incurred for failure to receive timely payments of state aid

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Jan 04, 2023	referred to education

2023-S104 (ACTIVE) - Details

See Assembly Version of this Bill:: A7894
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3605, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4144
2019-2020: S356
2021-2022: S172
2025-2026: S469

2023-S104 (ACTIVE) - Summary

Relates to providing additional reimbursement to school districts for expenses incurred for failure to receive timely payments of state aid, including expenses relating to interest payments and ancillary expenses incurred as a result of not having received aid in a timely manner.

2023-S104 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S104

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the education law, in relation to providing additional
reimbursement to school districts for expenses incurred for failure to
receive timely payments of state aid

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to providing additional reimbursement to school districts for
expenses incurred for failure to receive timely payments of state aid.

 
SUMMARY OF SPECIFIC PROVISIONS:

The state shall be liable for any interest payments or ancillary
expenses incurred by a school district as a result of the school
district not having received timely payments of state aid due to a fail-
ure by the state to adopt the aid to localities budget by April 1 in any
fiscal year during which budget bills have not been adopted.

Within 30 days after the adoption of such budget bills, the governor
shall prepare and submit to the legislature, chapter amendments to the
aid to localities budget providing for additional reimbursement to repay
school districts for any and all interest payments or ancillary
expenses.

The reimbursement money shall be paid upon the audit of vouchers certi-
fied by the Chief Fiscal Officer for the school district demanding
reimbursement for the interest payments and ancillary expenses incurred
by the school district.

 
JUSTIFICATION:

Per the National Conference of State Legislatures, New York once went 20
years without passing a budget on time. This puts an inordinate amount
of pressure and added costs on school districts. The school districts
here in New York State should not have to pay the cost of borrowing when
the state fails to pass an on-time budget.

 
PRIOR LEGISLATIVE HISTORY:

02/03/17: S.4144 REFERRED TO EDUCATION

01/03/18: S.4144 REFERRED TO EDUCATION

01/09/19: S.356 REFERRED TO EDUCATION

01/08/20: S.356 REFERRED TO EDUCATION

01/06/21: S.172 REFERRED TO EDUCATION

01/05/22: S.172 REFERRED TO EDUCATION

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S104 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    104
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to  providing  additional
   reimbursement to school districts for expenses incurred for failure to
   receive timely payments of state aid
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  3605
 to read as follows:
   §  3605.  ADDITIONAL  STATE  REIMBURSEMENT  TO  SCHOOL  DISTRICTS.  1.
 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE  STATE  SHALL  BE
 LIABLE  FOR  ANY  INTEREST  PAYMENTS OR ANCILLARY EXPENSES INCURRED BY A
 SCHOOL DISTRICT AS A RESULT OF THE SCHOOL DISTRICT NOT  HAVING  RECEIVED
 TIMELY  PAYMENTS OF STATE AID DUE TO A FAILURE BY THE STATE TO ADOPT THE
 AID TO LOCALITIES BUDGET BY APRIL FIRST IN ANY FISCAL YEAR DURING  WHICH
 BUDGET  BILLS  AS  DEFINED  BY  ARTICLE SEVEN OF THE CONSTITUTION OF THE
 STATE OF NEW YORK HAVE NOT BEEN ADOPTED.
   2. WITHIN THIRTY DAYS AFTER THE ADOPTION  OF  SUCH  BUDGET  BILLS  THE
 GOVERNOR  SHALL PREPARE AND SUBMIT TO THE LEGISLATURE CHAPTER AMENDMENTS
 TO THE AID TO LOCALITIES BUDGET PROVIDING FOR  ADDITIONAL  REIMBURSEMENT
 TO REPAY SCHOOL DISTRICTS FOR ANY AND ALL INTEREST PAYMENTS OR ANCILLARY
 EXPENSES REFERENCED IN SUBDIVISION ONE OF THIS SECTION.
   3.  SUCH REIMBURSEMENT MONEYS SHALL BE PAID UPON THE AUDIT OF VOUCHERS
 CERTIFIED BY THE CHIEF FISCAL OFFICER FOR THE SCHOOL DISTRICT  DEMANDING
 REIMBURSEMENT  FOR THE INTEREST PAYMENTS AND ANCILLARY EXPENSES INCURRED
 BY SUCH SCHOOL DISTRICT.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00233-01-3

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