Bill Text: NY A09825 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that component school districts cannot impose a tax levy for their share of the board of cooperative educational services capital expenditures.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2018-06-19 - substituted by s7730 [A09825 Detail]

Download: New_York-2017-A09825-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 7730                                                  A. 9825
                SENATE - ASSEMBLY
                                    February 14, 2018
                                       ___________
        IN  SENATE -- Introduced by Sen. MURPHY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Education
        IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
          the Committee on Education
        AN ACT to amend the education law, in relation to the  component  school
          districts' share of the capital expenditures of a board of cooperative
          educational services
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph b of subdivision 13 of section 1950 of the educa-
     2  tion law, as added by chapter 33 of the laws of 1976, is amended to read
     3  as follows:
     4    b. The acquisition of such facilities is hereby  declared  and  deter-
     5  mined to be a school district purpose and an object or purpose for which
     6  each such component school district is hereby authorized to expend money
     7  and  contract  indebtedness.  The  period of probable usefulness of such
     8  object or purpose is hereby determined to be  thirty  years.  Each  such
     9  component  school  district is hereby authorized to finance its share of
    10  the cost of the acquisition of such facilities together with costs inci-
    11  dental to such financing, including, but  not  limited  to  legal  fees,
    12  printing,  engraving and publication of notices, either from any current
    13  funds legally available therefor, or  by  the  issuance  of  obligations
    14  pursuant  to  the  local finance law; provided, however, that subject to
    15  the approval of the qualified voters, the  school  district's  share  of
    16  capital  local  expenditures  approved  by the board of education of the
    17  board of cooperative educational services, as  defined  in  subparagraph
    18  (ii)  of  paragraph c of subdivision two of section two thousand twenty-
    19  three-a of this title, shall not be included in  such  component  school
    20  district's  tax levy pursuant to such paragraph. Provided, further, that
    21  (i) no approval of the voters of such component school district shall be
    22  required, (ii) the voting of a special tax or a tax to be  collected  in
    23  installments  shall  not  be  a condition precedent to the adoption of a
    24  bond resolution for such object or purpose, (iii) a majority vote of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14552-04-8
        S. 7730                             2                            A. 9825
     1  entire voting strength of the board of education shall be sufficient for
     2  adoption of such a bond resolution, which bond resolution may be adopted
     3  at a regular meeting, or a special meeting of  the  board  of  education
     4  called  on  not less than twelve hours oral or written notice, which may
     5  be held either within or outside of such district, (iv)  any  such  bond
     6  resolution shall take effect immediately and shall not be subject either
     7  to a mandatory or permissive referendum, and (v) no such bond resolution
     8  shall  be  adopted  prior  to  the execution by the board of cooperative
     9  educational services and the component school districts of such board of
    10  cooperative educational services of the agreement required by  paragraph
    11  a of this subdivision.
    12    §  2.  Paragraph c of subdivision 2 of section 2023-a of the education
    13  law, as amended by section 1 of subpart C of part C of chapter 20 of the
    14  laws of 2015, is amended to read as follows:
    15    c. "Capital local expenditures" means (i) the  taxes  associated  with
    16  budgeted  expenditures resulting from the financing, refinancing, acqui-
    17  sition, design, construction, reconstruction,  rehabilitation,  improve-
    18  ment,  furnishing  and  equipping  of, or otherwise providing for school
    19  district  capital  facilities  or  school  district  capital  equipment,
    20  including  debt service and lease expenditures, and transportation capi-
    21  tal debt service, subject to the approval of the qualified voters  where
    22  required  by  law; and (ii) the school district's share of capital local
    23  expenditures, as defined in subparagraph (i) of this paragraph,  of  the
    24  board  of  cooperative educational services of which the school district
    25  is a component, as authorized pursuant to  paragraph  b  of  subdivision
    26  thirteen  of  section nineteen hundred fifty of this title. [The commis-
    27  sioner of taxation and finance shall, as appropriate,  promulgate  rules
    28  and  regulations  which  may  provide  for  adjustment  of capital local
    29  expenditures to reflect a school district's share of additional budgeted
    30  capital  expenditures  made  by  a  board  of  cooperative   educational
    31  services.]
    32    §  3. This act shall take effect immediately; provided that the amend-
    33  ments to section 2023-a of the education law, made  by  section  two  of
    34  this  act,  shall  not affect the expiration and repeal of such section,
    35  and shall expire and be deemed repealed therewith.