Bill Text: NY A08556 | 2017-2018 | General Assembly | Introduced
Bill Title: Changes the state fiscal year from April first to June first with such fiscal year ending the next following thirty-first day of May; changes time frames for school district elections and notice of elections and submission of a property tax report card.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-12-15 - enacting clause stricken [A08556 Detail]
Download: New_York-2017-A08556-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8556 2017-2018 Regular Sessions IN ASSEMBLY July 10, 2017 ___________ Introduced by M. of A. KAVANAGH -- read once and referred to the Commit- tee on Ways and Means AN ACT to amend the state finance law, in relation to changing the state fiscal year from the first of April to the first of June and requiring revisions of the consensus forecast of the economy, estimates of receipts for the current and the ensuing state fiscal year and the joint report of the director of the budget and the secretary of the senate finance committee and the secretary of the assembly ways and means committee, and directing the state comptroller to provide esti- mates for receipts for the current and ensuing state fiscal year; and to amend the education law, in relation to the timing and notice of annual elections in school districts and the submission of a property tax report card and the calculation of the fiscal year for certain school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3 of the state finance law, as added by chapter 1 2 of the laws of 1943 and as separately renumbered by chapters 405 and 957 3 of the laws of 1981, is amended to read as follows: 4 § 3. Fiscal year. 1. The current fiscal year of the state which 5 commenced with the first day of [July, nineteen hundred forty-two] 6 April, two thousand eighteen, is hereby [abridged] extended and shall 7 end with the thirty-first day of [March, nineteen hundred forty-three] 8 May, two thousand nineteen. For all purposes of determining annual 9 increments of state employees pursuant to the education law, the civil 10 service law or other state law, and for all purposes whenever by law 11 some act is to be performed or time is to be measured by the fiscal year 12 of the state, the current fiscal year, as so [abridged] extended, shall 13 be deemed to be a full year unless the context clearly requires a 14 contrary construction. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01727-01-7A. 8556 2 1 On and after the first day of [April, nineteen hundred forty-three] 2 June, two thousand nineteen, the fiscal year of the state, for the 3 purpose of budget, appropriations, receipts and disbursements of state 4 moneys and all other state affairs which are regulated in accordance 5 with or based on fiscal years, including the fiscal affairs of all state 6 departments, commissions, boards, agencies, offices and institutions, 7 shall begin with the first day of [April] June and end with the next 8 following thirty-first day of [March] May. 9 2. All books and accounts in the offices of the comptroller and the 10 department of taxation and finance shall be kept by fiscal years. All 11 annual accounts required to be rendered to the comptroller or to such 12 department by any person shall be closed on the thirty-first day of 13 [March] May in each year, and be rendered as soon thereafter as practi- 14 cable, if no time is specially prescribed by law. 15 3. Where any statute provides, in terms or effect, that any inventory 16 or account, or a report relating in whole or in part to receipts and 17 disbursements of money, be made to the legislature or any state officer 18 annually, or for a year, by a department, commission, board, or officer 19 under the state government, such inventory or account, and such report 20 so far as it relates to such receipts and disbursements, shall be for 21 the preceding fiscal year, unless the calendar year be expressly 22 mentioned. 23 4. Existing provisions of other laws describing or referring to a 24 fiscal year of the state as beginning [July] April first and ending 25 [June thirtieth] March thirty-first, or making any requirement with 26 respect to such fiscal year, or referring to any year so beginning and 27 ending which applies to inventories or accounts in state matters, or to 28 reports relating to state money or property, shall be deemed modified by 29 and be construed in connection with this section, and be deemed to refer 30 to a fiscal or to another year or period beginning and ending as [here-31in] prescribed in this section for a fiscal year. 32 § 2. Subdivision 6 of section 23 of the state finance law, as amended 33 by chapter 1 of the laws of 2007, is amended to read as follows: 34 6. Consensus economic and revenue forecasting conference; report. (a) 35 (1) By the end of February in each year, prior to the report required by 36 paragraph (b) of this subdivision, the chairperson and ranking minority 37 member of the senate finance committee, the chairperson and ranking 38 minority member of the assembly ways and means committee and the direc- 39 tor of the budget shall jointly convene a consensus economic and revenue 40 forecasting conference in the form of a joint legislative-executive 41 hearing, for the purpose of assisting the governor and the legislature 42 in reaching the consensus revenue forecast required by paragraph (b) of 43 this subdivision. The conveners of the conference shall invite the state 44 comptroller and such other participants to the conference as shall, in 45 their judgment, provide guidance on the current conditions in, and prob- 46 able outlook for the performance of, the economy of the state, as well 47 as the effect of such conditions and such performance on state receipts. 48 (2) On or after April sixteenth, the chairperson and ranking minority 49 member of the senate finance committee, the chairperson and ranking 50 minority member of the assembly ways and means committee and the direc- 51 tor of the budget shall jointly reconvene to revise the consensus fore- 52 cast of the economy and estimates of receipts for the current and the 53 ensuing state fiscal year. The revised consensus forecast of the economy 54 and estimates of receipts shall incorporate the most current tax revenue 55 and any other pertinent fiscal information.A. 8556 3 1 (b) (1) On or before March first in each year, the director of the 2 budget and the secretary of the senate finance committee and the secre- 3 tary of the assembly ways and means committee shall issue a joint report 4 containing a consensus forecast of the economy and estimates of receipts 5 for the current and the ensuing state fiscal year. Such estimates of 6 receipts shall include, but not be limited to: expected tax receipts on 7 an all-funds basis, projected lottery receipts, and anticipated miscel- 8 laneous receipts to be received in the general fund. The estimate of 9 receipts for the ensuing fiscal year contained in the report, shall be 10 all receipts from such sources described in this subdivision available 11 to make disbursements authorized by the appropriation bills submitted by 12 the governor pursuant to section three of article seven of the constitu- 13 tion for the ensuing fiscal year. 14 (2) On or before May first in each year, the director of the budget 15 and the secretary of the senate finance committee and the secretary of 16 the assembly ways and means committee shall issue a revised version of 17 the joint report that was initially due by March first and that contains 18 a consensus forecast of the economy and estimates of receipts. 19 (c) (1) On a failure of the director of the budget, the secretary of 20 the senate finance committee and the secretary of the assembly ways and 21 means committee to issue a joint report containing a consensus forecast 22 as provided in paragraph (b) of this subdivision, the state comptroller 23 shall, on or before March fifth, provide estimates of receipts for the 24 current and the ensuing state fiscal year. Such estimates shall include, 25 but not be limited to, expected tax receipts on an all-funds basis, 26 projected lottery receipts, and miscellaneous receipts to be received in 27 the general fund. In rendering his or her estimate, as required in this 28 paragraph, the comptroller shall give due consideration to the inherent 29 risks in economic and revenue forecasting and the interest of the state 30 to maintain budget balance throughout the fiscal year. The estimate of 31 receipts for the ensuing fiscal year provided by the state comptroller, 32 shall be all receipts from such sources available to make disbursements 33 authorized by the appropriation bills submitted by the governor pursuant 34 to section three of article seven of the constitution for the ensuing 35 fiscal year. 36 (2) On a failure of the director of the budget and the secretary of 37 the senate finance committee and the secretary of the assembly ways and 38 means committee to issue a joint report revising the March first consen- 39 sus forecast the state comptroller shall, on or before May fifth, 40 provide estimates for receipts for the current and ensuing state fiscal 41 year. Such estimates shall incorporate the most current tax revenue and 42 any other pertinent fiscal information. 43 § 3. Subdivision 1 of section 2022 of the education law, as amended by 44 section 7 of part A of chapter 97 of the laws of 2011, is amended to 45 read as follows: 46 1. Notwithstanding any law, rule or regulation to the contrary, prior 47 to two thousand nineteen the election of trustees or members of the 48 board of education, and the vote upon the appropriation of the necessary 49 funds to meet the estimated expenditures, in any common school district, 50 union free school district, central school district or central high 51 school district shall be held at the annual meeting and election on the 52 third Tuesday in May, provided, however, that such election shall be 53 held on the second Tuesday in May if the commissioner at the request of 54 a local school board certifies no later than March first that such 55 election would conflict with religious observances. Commencing in two 56 thousand nineteen, the election of trustees or members of the board ofA. 8556 4 1 education, and the vote upon the appropriation of the necessary funds to 2 meet the estimated expenditures, in any common school district, union 3 free school district, central school district or central high school 4 district shall be held at the annual meeting and election on the fourth 5 Tuesday in June. The sole trustee, board of trustees or board of educa- 6 tion of every common, union free, central or central high school 7 district and every city school district to which this article applies 8 shall hold a budget hearing not less than seven nor more than fourteen 9 days prior to the annual meeting and election or special district meet- 10 ing at which a school budget vote will occur, and shall prepare and 11 present to the voters at such budget hearing a proposed school district 12 budget for the ensuing school year. 13 § 4. Subdivision 2 of section 2601-a of the education law, as amended 14 by section 9 of part A of chapter 97 of the laws of 2011, is amended to 15 read as follows: 16 2. The board of education shall conduct all annual and special school 17 district meetings for the purpose of adopting a school district budget 18 in the same manner as a union free school district in accordance with 19 the provisions of article forty-one of this title, except as otherwise 20 provided by this section. [The] Prior to two thousand nineteen, the 21 annual meeting and election of each such city school district shall be 22 held on the third Tuesday of May in each year, provided, however that 23 such annual meeting and election shall be held on the second Tuesday in 24 May if the commissioner at the request of a local school board certifies 25 no later than March first that such election would conflict with reli- 26 gious observances, and any school budget revote shall be held on the 27 date and in the same manner specified in subdivision three of section 28 two thousand seven of this title. Prior to two thousand nineteen, the 29 annual meeting and election of each such city school district shall be 30 held on the third Tuesday of May in each year, provided, however that 31 such annual meeting and election shall be held on the second Tuesday in 32 May if the commissioner at the request of a local school board certifies 33 no later than March first that such election would conflict with reli- 34 gious observances, and any school budget revote shall be held on the 35 date and in the same manner specified in subdivision three of section 36 two thousand seven of this title. The provisions of this article, and 37 where applicable subdivisions nine and nine-a of section twenty-five 38 hundred two of this title, governing the qualification and registration 39 of voters, and procedures for the nomination and election of members of 40 the board of education shall continue to apply, and shall govern the 41 qualification and registration of voters and voting procedures with 42 respect to the adoption of a school district budget. 43 § 5. Subdivision 1 of section 2003 of the education law, as amended by 44 chapter 64 of the laws of 1993, is amended to read as follows: 45 1. The district clerk of each common school district shall give notice 46 of the availability of the statement of expenditures pursuant to the 47 provisions of section sixteen hundred eight of this [chapter] title and 48 shall also give notice of the time and place of the annual meeting by 49 publishing a notice [four] two times within the [seven] three weeks next 50 preceding such annual meeting, the first publication to be at least 51 [forty-five] eighteen days before said meeting, in two newspapers if 52 there shall be two, or in one newspaper if there shall be but one, 53 having general circulation within such district. But if no newspaper 54 shall then have general circulation therein, the said notice shall be 55 posted in at least twenty of the most public places in said district 56 forty-five days before the time of such meeting. The clerk of eachA. 8556 5 1 common school district shall post predominately on the school district's 2 official website the notice of the availability of the statement of 3 expenditures pursuant to the provisions of section sixteen hundred eight 4 of this title, and shall also post predominately on the school 5 district's official website the time and place of the annual meeting 6 throughout the three weeks next preceding such district meeting, the 7 first publication to be at least eighteen days before said meeting. 8 § 6. Subdivision 1 of section 2004 of the education law, as amended by 9 chapter 68 of the laws of 1994, is amended to read as follows: 10 1. The clerk of each union free school district shall give notice of 11 the availability of the statement of expenditures pursuant to the 12 provisions of section seventeen hundred sixteen of this [chapter] title 13 and shall also give notice of the time and place of the annual meeting 14 and the notice required by section seventeen hundred sixteen of this 15 [chapter] title by publishing a notice [four] two times within the 16 [seven] three weeks next preceding such district meeting, the first 17 publication to be at least [forty-five] eighteen days before said meet- 18 ing, in two newspapers if there shall be two, or in one newspaper if 19 there shall be but one, having general circulation within such district. 20 But if no newspaper shall then have general circulation therein, the 21 said notice shall be posted in at least twenty of the most public places 22 in said district forty-five days before the time of such meeting. The 23 clerk of each union free school district shall post predominately on the 24 school district's official website the notice of the availability of the 25 statement of expenditures pursuant to the provisions of section seven- 26 teen hundred sixteen of this title and shall also post predominately on 27 the school district's official website the time and place of the annual 28 meeting throughout the three weeks next preceding such district meeting, 29 the first publication to be at least eighteen days before said meeting. 30 § 7. Paragraph b of subdivision 7 of section 1608 of the education 31 law, as amended by section 4 of part H of chapter 83 of the laws of 32 2002, is amended to read as follows: 33 b. A copy of the property tax report card prepared for the annual 34 district meeting shall be submitted to the department in the manner 35 prescribed by the department by the end of the business day next follow- 36 ing approval of the report card by the trustee or board of trustees, but 37 no later than [twenty-four] eighteen days prior to the statewide uniform 38 voting day. The department shall compile such data for all school 39 districts whose budgets are subject to a vote of the qualified voters 40 and shall make such compilation available electronically at least ten 41 days prior to the statewide uniform voting day. 42 § 8. Section 2515 of the education law, as added by chapter 171 of the 43 laws of 1996, is amended to read as follows: 44 § 2515. Fiscal year. The fiscal year for city school districts of 45 cities with less than one hundred twenty-five thousand inhabitants shall 46 be the period commencing with [July] August first and ending with [June47thirtieth] July thirty-first next following. 48 § 9. Subdivision 3 of section 2006 of the education law, as added by 49 section 4 of part M of chapter 57 of the laws of 2005, is amended to 50 read as follows: 51 3. Whenever the voters shall have defeated the budget of the school 52 district at the annual meeting and election, the trustees may call a 53 special district meeting for a school budget revote to be held on the 54 [third] fourth Tuesday of [June] July, provided, however that such budg- 55 et revote shall be held on the [second] third Tuesday in [June] July if 56 the commissioner at the request of a local school board certifies noA. 8556 6 1 later than March first that such vote would conflict with religious 2 observances. The trustees shall give the notices required by subdivision 3 one of section two thousand three of this part and this section by 4 publishing such notices once in each week within the two weeks next 5 preceding such special meeting, the first publication to be at least 6 fourteen days before such meeting, with any required posting to be four- 7 teen days before the time of such meeting. 8 § 10. Paragraph b of subdivision 3 of section 2007 of the education 9 law, as amended by section 5 of part M of chapter 57 of the laws of 10 2005, is amended to read as follows: 11 b. A school budget revote called pursuant to paragraph a of this 12 subdivision shall be held on the [third] fourth Tuesday of [June] July, 13 provided, however that such budget revote shall be held on the [second] 14 third Tuesday in [June] July if the commissioner at the request of a 15 local school board certifies no later than March first that such vote 16 would conflict with religious observances. 17 § 11. This act shall take effect January 1, 2019; provided, however 18 that the amendments to sections 2022 and 2601-a of the education law 19 made by sections three and four of this act shall not affect the expira- 20 tion of such sections and shall be deemed to expire therewith.
