Bill Text: NY A05965 | 2017-2018 | General Assembly | Introduced

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Bill Title: Exempts certain BOCES capital expenditures from limitations upon local school district tax levies.

Spectrum: Slight Partisan Bill (Democrat 27-12)

Status: (Vetoed) 2017-12-18 - tabled [A05965 Detail]

Download: New_York-2017-A05965-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5965
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 17, 2017
                                       ___________
        Introduced  by M. of A. GALEF, LUPARDO, FAHY, GUNTHER, BRONSON, SKOUFIS,
          BRINDISI, SANTABARBARA, JAFFEE, ABINANTI, CAHILL, BUCHWALD,  McDONALD,
          SKARTADOS,  STIRPE,  PAULIN, STECK, BARRETT, WOERNER, OTIS, LUPINACCI,
          PALMESANO, HAWLEY, GOODELL, McDONOUGH, RAIA, BARCLAY,  MURRAY,  DiPIE-
          TRO,  BRABENEC  --  Multi-Sponsored  by  -- M. of A. CROUCH, McKEVITT,
          MONTESANO, SIMON -- read once and referred to the Committee on  Educa-
          tion
        AN  ACT to amend the education law, in relation to exempting BOCES capi-
          tal expenditures from  limitations  upon  local  school  district  tax
          levies;  and  providing for the repeal of such provisions upon expira-
          tion thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  c  of  subdivision  2 of section 2023-a of the
     2  education law, as amended by section 1 of subpart C of part C of chapter
     3  20 of the laws of 2015, is amended to read as follows:
     4    c. "Capital local expenditures" means (i) the  taxes  associated  with
     5  budgeted  expenditures resulting from the financing, refinancing, acqui-
     6  sition, design, construction, reconstruction,  rehabilitation,  improve-
     7  ment,  furnishing  and  equipping  of, or otherwise providing for school
     8  district  capital  facilities  or  school  district  capital  equipment,
     9  including  debt service and lease expenditures, and transportation capi-
    10  tal debt service, and (ii) the school district's share of capital  local
    11  expenditures,  as  defined  in  subparagraph  (i) of this paragraph, for
    12  boards of cooperative educational services  as  authorized  pursuant  to
    13  section nineteen hundred fifty of this title and approved by the commis-
    14  sioner,  subject  to the approval of the qualified voters where required
    15  by law.  [The commissioner of taxation and finance shall,  as  appropri-
    16  ate,  promulgate  rules and regulations which may provide for adjustment
    17  of capital local expenditures to reflect a school  district's  share  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02335-03-7
        A. 5965                             2

     1  additional  budgeted capital expenditures made by a board of cooperative
     2  educational services.]
     3    § 2. Subparagraph 1 of paragraph b of subdivision 4 of section 1950 of
     4  the  education  law,  as  amended by chapter 474 of the laws of 1996, is
     5  amended to read as follows:
     6    (1) Prepare, prior to the annual meeting of members of the  boards  of
     7  education  and  school trustees, held as provided in paragraph o of this
     8  subdivision, a tentative budget of expenditures for the program costs, a
     9  tentative budget for capital costs,  and  a  tentative  budget  for  the
    10  administration  costs  of the board of cooperative educational services.
    11  Such budgets shall include the proposed budget for the  upcoming  school
    12  year,  the  previous  school  year's actual costs and the current school
    13  year's projected costs for each object  of  expenditure.  Such  program,
    14  capital  and  administrative  budgets  shall be separately delineated in
    15  accordance with the definition of program,  capital  and  administrative
    16  costs  which shall be promulgated by the commissioner after consultation
    17  with school district officials and the director of the budget.  Personal
    18  service  costs  for  each  budget  shall include the number of full-time
    19  equivalent positions funded and total salary and, except as noted  here-
    20  in,  fringe  benefit  costs  for such positions by program. Each program
    21  budget shall also include the local and statewide  unit  costs  of  such
    22  programs and services proposed for the upcoming school year, such actual
    23  unit  costs  for the previous school year, and the current school year's
    24  projected unit costs, all established in accordance with paragraph d  of
    25  this subdivision. The capital budget shall include facility construction
    26  and  lease  expenditures authorized pursuant to paragraphs p, t and u of
    27  this subdivision, payments for the repayment of indebtedness related  to
    28  capital projects, payments for the acquisition or construction of facil-
    29  ities,  sites  or  additions,  provided that such budget shall contain a
    30  rental, operations and maintenance section that will include  base  rent
    31  costs,  total  rent  costs, operations and maintenance charges, cost per
    32  square foot for each facility rented or leased by such board of  cooper-
    33  ative educational services, and any and all expenditures associated with
    34  custodial salaries and benefits, service contracts, supplies, utilities,
    35  maintenance  and repairs for such facilities, and that such budget shall
    36  include the annual debt  service  and  total  debt  for  all  facilities
    37  financed by bonds or notes of the component districts, annual rental and
    38  lease payments and total rental and lease costs for all facilities rent-
    39  ed  by  such  board; such capital budget shall also include expenditures
    40  resulting from court judgments and orders from administrative bodies  or
    41  officers,  and,  to  the extent a board's administrative budget has been
    42  adopted, one-time costs incurred in the first year in which an  employee
    43  retires. The administrative budget shall include, but need not be limit-
    44  ed  to,  office  and central administrative expenses, traveling expenses
    45  and salaries and benefits of supervisors  and  administrative  personnel
    46  necessary to carry out the central administrative duties of the supervi-
    47  sory  district,  any and all expenditures associated with the board, the
    48  office  of  district  superintendent,  general  administration,  central
    49  support  services,  planning,  and  all other administrative activities.
    50  Such administrative budget shall also specify the amount of supplementa-
    51  ry salary and benefits, if any, which the  board  determines  should  be
    52  paid  to  the  district  superintendent  of  schools and the board shall
    53  append to such budget a detailed statement of the total compensation  to
    54  be paid the district superintendent of schools by the board, including a
    55  delineation  of  the salary, annualized cost of benefits and any in-kind
    56  or other form of remuneration to be  paid,  plus,  commencing  with  the
        A. 5965                             3
     1  presentation  of the budget for the nineteen hundred ninety-seven--nine-
     2  ty-eight school year, a list of items of expense eligible for reimburse-
     3  ment on expense accounts in the ensuing school year and a  statement  of
     4  the amount of expenses paid to the district superintendent of schools in
     5  the  prior year for purposes of carrying out his or her official duties;
     6  provided, however, any school district's share of capital local expendi-
     7  tures of a board of cooperative  educational  services,  as  defined  in
     8  subparagraph (ii) of paragraph c of subdivision two of section two thou-
     9  sand  twenty-three-a  of  this  title,  and approved by the commissioner
    10  shall not be included in a school district's tax levy pursuant  to  such
    11  section.
    12    §  3. This act shall take effect immediately; provided that the amend-
    13  ments to paragraph c of subdivision 2 of section 2023-a of the education
    14  law made by section one of this act shall be subject to  the  repeal  of
    15  such  section and shall be deemed repealed therewith; provided, further,
    16  that the amendments to subparagraph 1 of paragraph b of subdivision 4 of
    17  section 1950 of the education law made by section two of this act  shall
    18  expire on the same date and manner as section 13 of part A of chapter 97
    19  of the laws of 2011, as amended.