Bill Text: NY A05124 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to school district unexpended surplus funds; provides that for the 2025--2026 school year and thereafter, surplus funds shall mean any operating funds in excess of six percent of the current school year budget, and shall not include funds properly retained under other sections of law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to education [A05124 Detail]

Download: New_York-2023-A05124-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5124--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  real  property  tax  law, in relation to school
          district unexpended surplus funds

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 1318 of the real property tax law,
     2  as  amended  by  chapter  238 of the laws of 2007, is amended to read as
     3  follows:
     4    1. The warrant of the collecting officer shall be signed by the  trus-
     5  tee,  or  the trustees, or a majority of them, or the board of education
     6  or a majority thereof. Such warrant shall state the amount of unexpended
     7  surplus funds in the custody of the board and shall further  state  that
     8  except  as  authorized or required by law, such unexpended surplus funds
     9  have been applied in determining the amount of the school tax levy.  For
    10  the two thousand seven--two thousand eight school year, surplus funds as
    11  used  in  this  subdivision  shall mean any operating funds in excess of
    12  three percent of the current school year budget, and shall  not  include
    13  funds  properly  retained under other sections of law. For the two thou-
    14  sand eight--two thousand nine school year[, and thereafter] through  the
    15  two  thousand  twenty-five--two thousand twenty-six school year, surplus
    16  funds as used in this subdivision shall  mean  any  operating  funds  in
    17  excess  of four percent of the current school year budget, and shall not
    18  include funds properly retained under other sections of law. For the two
    19  thousand twenty-five--two thousand twenty-six school year, and thereaft-
    20  er, surplus funds as used in this subdivision shall mean  any  operating
    21  funds  in  excess  of six percent of the current school year budget, and
    22  shall not include funds properly retained under other sections  of  law.
    23  Such warrant shall have the same force and effect as a warrant issued by
    24  a board of supervisors to a collecting officer in a town. The collecting

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09879-04-3

        A. 5124--A                          2

     1  officer  to  whom  it  may  be delivered for collection shall be thereby
     2  authorized and required to collect  from  every  person  named  on  such
     3  school  tax roll the sum set opposite his or her name, or the amount due
     4  from  any person specified therein, in the same manner and with the same
     5  powers that collecting officers in towns are authorized to collect taxes
     6  levied by the board of supervisors.
     7    § 2. This act shall take effect on the one hundred twentieth day after
     8  it shall have become a law.
feedback