Bill Text: NY S07701 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to school district unexpended surplus funds; provides that for the 2025--2026 school year and thereafter, surplus funds shall mean any operating funds in excess of six percent of the current school year budget, and shall not include funds properly retained under other sections of law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LOCAL GOVERNMENT [S07701 Detail]

Download: New_York-2023-S07701-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7701

                               2023-2024 Regular Sessions

                    IN SENATE

                                    October 13, 2023
                                       ___________

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

        AN ACT to amend the  real  property  tax  law,  in  relation  to  school
          district unexpended surplus funds

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

     1    Section 1. Subdivision 1 of section 1318 of the real property tax law,
     2  as amended by chapter 238 of the laws of 2007, is  amended  to  read  as
     3  follows:
     4    1.  The warrant of the collecting officer shall be signed by the trus-
     5  tee, or the trustees, or a majority of them, or the board  of  education
     6  or a majority thereof. Such warrant shall state the amount of unexpended
     7  surplus  funds  in the custody of the board and shall further state that
     8  except as authorized or required by law, such unexpended  surplus  funds
     9  have  been applied in determining the amount of the school tax levy. For
    10  the two thousand seven--two thousand eight school year, surplus funds as
    11  used in this subdivision shall mean any operating  funds  in  excess  of
    12  three  percent  of the current school year budget, and shall not include
    13  funds properly retained under other sections of law. For the  two  thou-
    14  sand  eight--two thousand nine school year[, and thereafter] through the
    15  two thousand twenty-five--two thousand twenty-six school  year,  surplus
    16  funds  as  used  in  this  subdivision shall mean any operating funds in
    17  excess of four percent of the current school year budget, and shall  not
    18  include funds properly retained under other sections of law. For the two
    19  thousand twenty-five--two thousand twenty-six school year, and thereaft-
    20  er,  surplus  funds as used in this subdivision shall mean any operating
    21  funds in excess of six percent of the current school  year  budget,  and
    22  shall  not  include funds properly retained under other sections of law.
    23  Such warrant shall have the same force and effect as a warrant issued by
    24  a board of supervisors to a collecting officer in a town. The collecting
    25  officer to whom it may be delivered  for  collection  shall  be  thereby

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09879-05-3

        S. 7701                             2

     1  authorized  and  required  to  collect  from  every person named on such
     2  school tax roll the sum set opposite his or her name, or the amount  due
     3  from  any person specified therein, in the same manner and with the same
     4  powers that collecting officers in towns are authorized to collect taxes
     5  levied by the board of supervisors.
     6    § 2. This act shall take effect on the one hundred twentieth day after
     7  it shall have become a law.
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