Bill Text: NY A05645 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to surplus funds for small schools.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in real property taxation [A05645 Detail]
Download: New_York-2019-A05645-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5645 2019-2020 Regular Sessions IN ASSEMBLY February 14, 2019 ___________ Introduced by M. of A. GIGLIO, LAWRENCE, McDONOUGH -- Multi-Sponsored by -- M. of A. MORINELLO -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to surplus funds for small schools 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, surplus funds 15 as used in this subdivision shall mean any operating funds in excess of 16 four percent of the current school year budget, and shall not include 17 funds properly retained under other sections of law. For school 18 districts of less than eight teachers, school districts with actual 19 general fund expenditures totaling less than five million dollars in the 20 previous school year, or school districts with actual enrollment of less 21 than one thousand five hundred students in the previous school year, 22 surplus funds used in this subdivision shall mean any operating funds in 23 excess of ten percent of the current school year budget, and shall not 24 include funds properly retained under other sections of law. Such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06935-01-9A. 5645 2 1 warrant shall have the same force and effect as a warrant issued by a 2 board of supervisors to a collecting officer in a town. The collecting 3 officer to whom it may be delivered for collection shall be thereby 4 authorized and required to collect from every person named on such 5 school tax roll the sum set opposite his name, or the amount due from 6 any person specified therein, in the same manner and with the same 7 powers that collecting officers in towns are authorized to collect taxes 8 levied by the board of supervisors. 9 § 2. This act shall take effect immediately.