Bill Text: NY S00989 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits passage of a school budget that will require a tax levy that exceeds the tax levy limit if approved by a majority of the votes cast.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S00989 Detail]

Download: New_York-2023-S00989-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           989

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Education

        AN ACT to amend the education law, in relation to  school  district  tax
          levies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 6 of section 2023-a of the  education  law,  as
     2  added  by  section  2  of  part  A of chapter 97 of the laws of 2011, is
     3  amended to read as follows:
     4    6. (a) Notwithstanding any other provision of law to the contrary,  in
     5  the  event  the  trustee,  trustees  or  board  of education of a school
     6  district that is subject to the provisions of this  section  proposes  a
     7  budget  that will require a tax levy that exceeds the tax levy limit for
     8  the corresponding school year,  not  including  any  levy  necessary  to
     9  support  the  expenditures pursuant to subparagraphs (i) through (iv) of
    10  paragraph i of subdivision two of this section, then such  budget  shall
    11  be  approved if [sixty percent] a majority of the votes cast thereon are
    12  in the affirmative.
    13    (b) Where the trustee, trustees or board of education proposes a budg-
    14  et subject to the requirements of paragraph (a) of this subdivision, the
    15  ballot for such budget shall include the following statement in substan-
    16  tially the same form: "Adoption of  this  budget  requires  a  tax  levy
    17  increase  of         which exceeds the statutory tax levy increase limit
    18  of      for this school fiscal year and therefore exceeds the state  tax
    19  cap  and must be approved by [sixty percent] a majority of the qualified
    20  voters present and voting."
    21    § 2. Subdivision 9 of section 2023-a of the education law, as added by
    22  section 2 of part A of chapter 97 of the laws of  2011,  is  amended  to
    23  read as follows:
    24    9.  Nothing  in  this section shall preclude the trustee, trustees, or
    25  board of education of a  school  district,  in  their  discretion,  from

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04258-01-3
        S. 989                              2

     1  submitting  additional  items of expenditures to the voters for approval
     2  as separate propositions or  the  voters  from  submitting  propositions
     3  pursuant  to sections two thousand eight and two thousand thirty-five of
     4  this part; provided however, except in the case of a proposition submit-
     5  ted  for any expenditure contained within subparagraphs (i) through (iv)
     6  of paragraph i of subdivision two of this section, if  any  proposition,
     7  or  propositions  collectively  that  are  subject to a vote on the same
     8  date, would require an expenditure of money that  would  require  a  tax
     9  levy  and  would  result  in  the  tax levy limit being exceeded for the
    10  corresponding school year then such proposition  shall  be  approved  if
    11  [sixty percent] a majority of the votes cast thereon are in the affirma-
    12  tive.
    13    § 3. This act shall take effect immediately.