Bill Text: NY A11236 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides a New York state residential property tax relief act for public education aid apportionment for certain school years; and provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-15 - referred to education [A11236 Detail]
Download: New_York-2017-A11236-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11236 IN ASSEMBLY June 15, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pellegrino) -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to providing a New York state residential property tax relief act for public education aid apportionment for certain school years; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 state residential real property tax relief act for public education." 3 § 2. Legislative findings. The legislature finds that the current 4 primary and secondary education funding system, which is based largely 5 upon real property taxation, is antiquated and creates serious dispari- 6 ties in educational opportunity and inequities with regard to distrib- 7 ution of the system's financial burden. The quality of education that 8 children receive varies widely by geographic region, as does the oppor- 9 tunity for children to participate in extracurricular activities. In 10 addition, taxpayers throughout the state receive real property tax bills 11 from their local school districts based on the value of their homes, 12 which is subject to multiple factors beyond their control, rather than 13 their financial ability to pay, creating serious regional distortions in 14 the relative cost of living. The legislature further finds that our 15 children should not be penalized based upon the geographic location of 16 their home, nor should financial support for the educational system fall 17 more heavily on those who are less able to bear the burden. The legisla- 18 ture therefore must take immediate action to provide relief to those 19 areas most impacted by these disparities through the residential proper- 20 ty tax relief aid determined through a residential property tax relief 21 aid formula. The legislature further orders an education funding study 22 to examine long-term funding alternatives for the state primary and 23 secondary educational system that allows all children throughout the 24 state to receive the same educational opportunities. 25 § 3. Section 3602 of the education law is amended by adding a new 26 subdivision 42 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15894-05-8A. 11236 2 1 42. New York state residential property tax relief act for public 2 education. a. Eligibility. (1) Each school district shall be eligible to 3 receive a New York state residential property tax relief act for public 4 education aid apportionment in the two thousand nineteen--two thousand 5 twenty school year, which shall equal the greater of: (i) the sum of the 6 tax equalization aid apportionment, the tax limitation ceiling aid 7 apportionment, and the wealth adjusted tax rate aid apportionment; or 8 (ii) the residential property tax levy reduction apportionment. 9 (2) Each school district shall be eligible to receive a New York state 10 residential property tax relief act for public education aid apportion- 11 ment in the two thousand twenty--two thousand twenty-one school year in 12 the same amount as in the base year. 13 (3) Each school district shall be eligible to receive a New York state 14 residential property tax relief act for public education aid apportion- 15 ment in the two thousand twenty-one--two thousand twenty-two school year 16 in an amount equal to the New York state residential property tax relief 17 act for public education aid apportionment in the two thousand twenty-- 18 two thousand twenty-one school year multiplied by one and seven hundred 19 sixty-nine ten-thousandths (1.0769). 20 b. Purpose. Funds allocated under this subdivision shall be solely 21 used for the purpose of reducing the residential tax levy defined in 22 subparagraph one of paragraph a of subdivision sixteen of this section. 23 c. Tax equalization aid apportionment. (1) School districts other than 24 districts within a city with a population of one hundred twenty-five 25 thousand or more shall be eligible for a tax equalization aid apportion- 26 ment if: (i) the combined wealth ratio computed pursuant to paragraph c 27 of subdivision three of this section is less than one; and (ii) the 28 expense per pupil defined pursuant to paragraph f of subdivision one of 29 this section is greater than the statewide average expense per pupil. 30 For the two thousand nineteen--two thousand twenty school year, for the 31 purpose of computing aid pursuant to this subdivision, the statewide 32 average expense per pupil shall be fourteen thousand seven hundred fifty 33 dollars. 34 (2) The tax equalization formula factor shall be equal to the positive 35 difference of the approved operating expense defined pursuant to para- 36 graph t of subdivision one of this section minus the quotient arrived at 37 when dividing the total real property tax levy by total aidable pupil 38 units defined pursuant to paragraph e of subdivision one of this 39 section. 40 (3) For eligible school districts, the tax equalization formula aid 41 apportionment shall be equal to the product of: (i) the tax equalization 42 formula factor multiplied by (ii) the approved operating expense multi- 43 plied by (iii) the regional cost index defined pursuant to paragraph a 44 of subdivision four of this section multiplied by (iv) twenty five 45 hundredths (.25). 46 (d) Tax limitation ceiling aid apportionment. (1) School districts 47 other than districts within a city with a population of one hundred 48 twenty-five thousand or more shall be eligible for a tax limitation 49 ceiling aid apportionment if: (i) the combined wealth ratio is less than 50 two and five-tenths (2.5); and (ii) the tax effort ratio defined pursu- 51 ant to subparagraph three of paragraph a of subdivision sixteen of this 52 section is greater than the statewide average tax effort ratio. For the 53 two thousand nineteen--two thousand twenty school year, for the purpose 54 of computing aid pursuant to this subdivision, the statewide tax average 55 effort ratio shall be two and ninety-one hundredths (2.91).A. 11236 3 1 (2) For purposes of this subdivision, the tax ceiling shall be equal 2 to the product of (i) twenty-five dollars ($25) multiplied by (ii) the 3 quotient arrived at when dividing the tax effort ratio by the state 4 average tax effort ratio. 5 (3) The ceiling formula factor shall be equal to: 6 (i) thirty-three dollars and eleven cents ($33.11) for any school 7 district with a tax ceiling greater than or equal to twenty-five dollars 8 but less than forty dollars; 9 (ii) forty-five dollars and sixty cents ($45.60) for any school 10 district with a tax ceiling greater than or equal to forty dollars but 11 less than sixty dollars; and 12 (iii) forty-seven dollars and fifty-two cents ($47.52) for any school 13 district with a tax ceiling greater than or equal to sixty dollars. 14 (4) For eligible school districts, tax limitation ceiling aid appor- 15 tionment shall be equal to the product of: (i) the ceiling formula 16 factor, multiplied by (ii) the regional cost index, multiplied by (iii) 17 total aidable pupil units. 18 e. Wealth adjusted aid apportionment. (1) School districts other than 19 districts within a city with a population of one hundred twenty-five 20 thousand or more shall be eligible for a wealth adjusted aid apportion- 21 ment if: (i) the combined wealth ratio is less than two and five tenths 22 (2.5); and (ii) the quotient arrived at when dividing total general fund 23 expenditure by the total aidable pupil units expressed per one thousand 24 dollars is greater than the statewide average of such calculation. For 25 the two thousand nineteen--two thousand twenty school year, for the 26 purpose of computing aid pursuant to this subdivision, the statewide 27 total general fund expenditure divided by total aidable pupil units 28 expressed per one thousand dollars shall be twenty dollars and fifty- 29 nine cents. 30 (2) For eligible school districts, the wealth adjusted tax rate aid 31 apportionment shall be equal to the product of: (i) seven hundred 32 dollars ($700) multiplied by (ii) total aidable pupils units multiplied 33 by (iii) the state sharing ratio computed pursuant to paragraph g of 34 subdivision three of this section. 35 f. "Residential real property tax levy reduction apportionment." (1) 36 School districts other than districts with a city with a population of 37 one hundred twenty-five thousand or more, shall be eligible for residen- 38 tial real property tax levy if the residential tax levy calculation is 39 equal to or greater than fifty percent. 40 (2) "Residential tax levy calculation" shall equal the quotient 41 arrived at when dividing the residential real property tax levy defined 42 pursuant to subparagraph one of paragraph a of subdivision sixteen of 43 this section divided by the total proposed spending for the year 44 commencing in the calendar year two years prior to the calendar year in 45 which the base year began. 46 (3) For eligible school districts, the "residential real property tax 47 levy reduction apportionment" shall mean the product of: (i) the posi- 48 tive difference, if any, between the residential tax levy calculation 49 defined pursuant to this subparagraph minus fifty percent multiplied by 50 (ii) the residential real property tax levy. 51 g. Method of payment. Notwithstanding any other provision of law to 52 the contrary, the New York state residential property tax relief act for 53 public education aid shall be paid pursuant to section thirty-six 54 hundred nine-i of this part. 55 h. Definitions. As used in this subdivision:A. 11236 4 1 (1) "Total real property tax levy" shall mean the total real property 2 tax levy specified in the school district budget for the year commencing 3 in the calendar year two years prior to the calendar year in which the 4 base year began. The final update of such data shall be reported by the 5 commissioner of taxation and finance to the commissioner by February 6 fifteenth of the base year. The commissioner of taxation and finance 7 shall adopt regulations as appropriate to assure the appropriate 8 collection, classification and reporting of such data for the purposes 9 of paying state aid to the schools. 10 (2) "Total proposed spending" shall mean for all school districts 11 other than districts within a city with a population of one hundred 12 twenty-five thousand or more, the amount reported by the common school 13 district, a union free school district, a central school district or a 14 city school district as required by the property tax report card 15 prepared by the district pursuant to the provisions of subdivision seven 16 of section sixteen hundred eight and subdivision seven of section seven- 17 teen hundred sixteen of this chapter. 18 § 4. The opening paragraph of subdivision 1 of section 3609-a of the 19 education law, as amended by section 32 of part B of chapter 57 of the 20 laws of 2007, is amended to read as follows: 21 The GSPS appropriation shall be used to support payments made pursuant 22 to this section, plus apportionments made pursuant to section seven 23 hundred one, seven hundred eleven, seven hundred fifty-one, seven 24 hundred fifty-three, thirty-two hundred two, thirty-six hundred nine-b, 25 thirty-six hundred forty-one and forty-four hundred five of this chap- 26 ter, any other applicable allocations made pursuant to this chapter, but 27 not paid pursuant to the schedule prescribed by this section or sections 28 thirty-six hundred nine-b, thirty-six hundred nine-d [or], thirty-six 29 hundred nine-f or thirty-six hundred nine-i of this article; plus any 30 unconsolidated law provisions which apply to programs funded from such 31 appropriation; plus any sums paid out upon audit of the state comp- 32 troller as final adjustments of apportionments originally claimed and 33 payable pursuant to this subdivision in prior school years; plus sums 34 paid out as prior year adjustments, to the extent an allowance was 35 included in such appropriation for such purpose. Any apportionments 36 provided by this chapter shall be paid in accordance with this section 37 unless specifically exempted. 38 § 5. The education law is amended by adding a new section 3609-i to 39 read as follows: 40 § 3609-i. Moneys apportioned to school districts for reimbursement of 41 apportionments pursuant to the New York state residential property tax 42 relief act for public education. 1. As used in this section, "school 43 district" shall mean a public school district eligible for an apportion- 44 ment of aid under subdivision four of section thirty-six hundred two of 45 this article. 46 2. Moneys apportioned to school districts for reimbursement of appor- 47 tionments pursuant to the New York state residential property tax relief 48 act for public education pursuant to subdivision forty-two of section 49 thirty-six hundred two of this part shall be disbursed as follows: 50 a. On or after the first business day of July of each school year, 51 commencing July first, two thousand nineteen, a school district shall be 52 paid an amount equal to fifty percent of the payments on October first 53 of the current school year. 54 b. The remaining balance shall be paid after February first, provided 55 that the amounts paid on or before February first shall not be subject 56 to recalculation.A. 11236 5 1 c. No payment may be made pursuant to this subdivision until the 2 amount for each school district is certified by the commissioner of 3 taxation and finance and transmitted to the commissioner. Such certif- 4 ication shall be made on or before January first so as to facilitate 5 payments to be made pursuant to this section. 6 3. Moneys paid pursuant to this section shall be payable to the treas- 7 urer of each city school district, and the treasurer of each union free 8 school district and of each central school district and of each other 9 school district, if there be a treasurer, otherwise to the collector or 10 other disbursing officer of such district, who shall apply for and 11 receive the same as soon as payable. 12 4. Any payment to a school district pursuant to this section shall be 13 general receipts of the district and shall be used solely for the 14 reduction of the residential tax levy. 15 5. Notwithstanding any other provision of law to the contrary, 16 payments made to school districts under this section shall be considered 17 general aid payments made pursuant to section thirty-six hundred nine-a 18 of this part. 19 6. It is the intent of the governor to submit and of the legislature 20 to enact for each fiscal year after the two thousand nineteen--two thou- 21 sand twenty fiscal year in an annual budget bill an appropriation in the 22 amount to be paid to school districts pursuant to subdivision forty-two 23 of section thirty-six hundred two of this part. 24 § 6. Paragraph a of subdivision 7 of section 1608 of the education 25 law, as amended by section 1 of chapter 514 of the laws of 2016, is 26 amended to read as follows: 27 a. Each year, commencing with the proposed budget for the two thou- 28 sand--two thousand one school year, the trustee or board of trustees 29 shall prepare a property tax report card, pursuant to regulations of the 30 commissioner, and shall make it publicly available by transmitting it to 31 local newspapers of general circulation, appending it to copies of the 32 proposed budget made publicly available as required by law, making it 33 available for distribution at the annual meeting, and otherwise dissem- 34 inating it as required by the commissioner. Such report card shall 35 include: (i) the amount of total spending and total estimated school tax 36 levy that would result from adoption of the proposed budget and the 37 percentage increase or decrease in total spending and total school tax 38 levy from the school district budget for the preceding school year; and 39 (ii) the district's tax levy limit determined pursuant to section two 40 thousand twenty-three-a of this title, and the estimated school tax 41 levy, excluding any levy necessary to support the expenditures pursuant 42 to subparagraphs (i) through (iv) of paragraph i of subdivision two of 43 section two thousand twenty-three-a of this title, that would result 44 from adoption of the proposed budget; and (iii) the projected enrollment 45 growth for the school year for which the budget is prepared, and the 46 percentage change in enrollment from the previous year; and (iv) the 47 percentage increase in the consumer price index, as defined in paragraph 48 c of this subdivision; and (v) the projected amount of the unappropri- 49 ated unreserved fund balance that will be retained if the proposed budg- 50 et is adopted, the projected amount of the reserved fund balance, the 51 projected amount of the appropriated fund balance, the percentage of the 52 proposed budget that the unappropriated unreserved fund balance repres- 53 ents, the actual unappropriated unreserved fund balance retained in the 54 school district budget for the preceding school year, and the percentage 55 of the school district budget for the preceding school year that the 56 actual unappropriated unreserved fund balance represents[, and a sched-A. 11236 6 1ule of reserve funds, setting forth the name of each reserve fund, a2description of its purpose, the balance as of the close of the third3quarter of the current school district fiscal year and a brief statement4explaining any plans for the use of each such reserve fund for the ensu-5ing fiscal year]; and (vi) the amount of the New York state residential 6 property tax relief act for public education amount used to reduce the 7 residential tax levy for the ensuing fiscal year. 8 § 6-a. Paragraph a of subdivision 7 of section 1608 of the education 9 law, as amended by section 1-a of chapter 514 of the laws of 2016, is 10 amended to read as follows: 11 a. Each year, commencing with the proposed budget for the two thou- 12 sand--two thousand one school year, the trustee or board of trustees 13 shall prepare a property tax report card, pursuant to regulations of the 14 commissioner, and shall make it publicly available by transmitting it to 15 local newspapers of general circulation, appending it to copies of the 16 proposed budget made publicly available as required by law, making it 17 available for distribution at the annual meeting, and otherwise dissem- 18 inating it as required by the commissioner. Such report card shall 19 include: (i) the amount of total spending and total estimated school tax 20 levy that would result from adoption of the proposed budget and the 21 percentage increase or decrease in total spending and total school tax 22 levy from the school district budget for the preceding school year; and 23 (ii) the projected enrollment growth for the school year for which the 24 budget is prepared, and the percentage change in enrollment from the 25 previous year; and (iii) the percentage increase in the consumer price 26 index, as defined in paragraph c of this subdivision; and (iv) the 27 projected amount of the unappropriated unreserved fund balance that will 28 be retained if the proposed budget is adopted, the projected amount of 29 the reserved fund balance, the projected amount of the appropriated fund 30 balance, the percentage of the proposed budget that the unappropriated 31 unreserved fund balance represents, the actual unappropriated unreserved 32 fund balance retained in the school district budget for the preceding 33 school year, and the percentage of the school district budget for the 34 preceding school year that the actual unappropriated unreserved fund 35 balance represents; and (v) [a schedule of reserve funds, setting forth36the name of each reserve fund, a description of its purpose, the balance37as of the close of the third quarter of the current school district38fiscal year and a brief statement explaining any plans for the use of39each such reserve fund] the amount of the New York state residential 40 property tax relief act for public education amount used to reduce the 41 residential tax levy for the ensuing fiscal year. 42 § 7. Paragraph a of subdivision 7 of section 1716 of the education 43 law, as amended by section 2 of chapter 514 of the laws of 2016, is 44 amended to read as follows: 45 a. Each year, commencing with the proposed budget for the two thou- 46 sand--two thousand one school year, the board of education shall prepare 47 a property tax report card, pursuant to regulations of the commissioner, 48 and shall make it publicly available by transmitting it to local newspa- 49 pers of general circulation, appending it to copies of the proposed 50 budget made publicly available as required by law, making it available 51 for distribution at the annual meeting, and otherwise disseminating it 52 as required by the commissioner. Such report card shall include: (i) the 53 amount of total spending and total estimated school tax levy that would 54 result from adoption of the proposed budget and the percentage increase 55 or decrease in total spending and total school tax levy from the school 56 district budget for the preceding school year; and (ii) the district'sA. 11236 7 1 tax levy limit determined pursuant to section two thousand 2 twenty-three-a of this title, and the estimated school tax levy, exclud- 3 ing any levy necessary to support the expenditures pursuant to subpara- 4 graphs (i) through (iv) of paragraph i of subdivision two of section two 5 thousand twenty-three-a of this title, that would result from adoption 6 of the proposed budget; and (iii) the projected enrollment growth for 7 the school year for which the budget is prepared, and the percentage 8 change in enrollment from the previous year; and (iv) the percentage 9 increase in the consumer price index, as defined in paragraph c of this 10 subdivision; and (v) the projected amount of the unappropriated unre- 11 served fund balance that will be retained if the proposed budget is 12 adopted, the projected amount of the reserved fund balance, the project- 13 ed amount of the appropriated fund balance, the percentage of the 14 proposed budget that the unappropriated unreserved fund balance repres- 15 ents, the actual unappropriated unreserved fund balance retained in the 16 school district budget for the preceding school year[, a schedule of17reserve funds, setting forth the name of each reserve fund, a18description of its purpose, the balance as of the close of the third19quarter of the current school district fiscal year and a brief statement20explaining any plans for the use of each such reserve fund for the ensu-21ing fiscal year and the percentage of the school district budget for the22preceding school year that the actual unappropriated unreserved fund23balance represents]; and (vi) the amount of the New York state residen- 24 tial property tax relief act for public education amount used to reduce 25 the residential tax levy for the ensuing fiscal year. 26 § 7-a. Paragraph a of subdivision 7 of section 1716 of the education 27 law, as amended by section 2-a of chapter 514 of the laws of 2016, is 28 amended to read as follows: 29 a. Each year, commencing with the proposed budget for the two thou- 30 sand--two thousand one school year, the board of education shall prepare 31 a property tax report card, pursuant to regulations of the commissioner, 32 and shall make it publicly available by transmitting it to local newspa- 33 pers of general circulation, appending it to copies of the proposed 34 budget made publicly available as required by law, making it available 35 for distribution at the annual meeting, and otherwise disseminating it 36 as required by the commissioner. Such report card shall include: (i) the 37 amount of total spending and total estimated school tax levy that would 38 result from adoption of the proposed budget and the percentage increase 39 or decrease in total spending and total school tax levy from the school 40 district budget for the preceding school year; and (ii) the projected 41 enrollment growth for the school year for which the budget is prepared, 42 and the percentage change in enrollment from the previous year; and 43 (iii) the percentage increase in the consumer price index, as defined in 44 paragraph c of this subdivision; and (iv) the projected amount of the 45 unappropriated unreserved fund balance that will be retained if the 46 proposed budget is adopted, the projected amount of the reserved fund 47 balance, the projected amount of the appropriated fund balance, the 48 percentage of the proposed budget that the unappropriated unreserved 49 fund balance represents, the actual unappropriated unreserved fund 50 balance retained in the school district budget for the preceding school 51 year[, a schedule of reserve funds, setting forth the name of each52reserve fund, a description of its purpose, the balance as of the close53of the third quarter of the current school district fiscal year and a54brief statement explaining any plans for the use of each such reserve55fund for the ensuing fiscal year and the percentage of the school56district budget for the preceding school year that the actual unappro-A. 11236 8 1priated unreserved fund balance represents]; and (v) the amount of the 2 New York state residential property tax relief act for public education 3 amount used to reduce the residential tax levy for the ensuing fiscal 4 year. 5 § 8. This act shall take effect immediately and shall apply to school 6 years commencing on and after July 1, 2019; provided that: 7 a. the amendments to paragraph a of subdivision 7 of section 1608 of 8 the education law made by section six of this act shall be subject to 9 the expiration and reversion of such paragraph pursuant to section 13 of 10 part A of chapter 97 of the laws of 2011, as amended, when upon such 11 date the provisions of section six-a of this act shall take effect; 12 b. the amendments to paragraph a of subdivision 7 of section 1716 of 13 the education law made by section seven of this act shall be subject to 14 the expiration and reversion of such paragraph pursuant to section 13 of 15 part A of chapter 97 of the laws of 2011, as amended, when upon such 16 date the provisions of section seven-a of this act shall take effect; 17 and 18 c. the provisions of this act shall expire and be deemed repealed on 19 July 1, 2022. 20 Effective immediately, the addition, amendment and/or repeal of any 21 rule or regulation necessary for the implementation of this act on its 22 effective date are authorized and directed to be made and completed on 23 or before such effective date.