Bill Text: NY S09054 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the Oceanside LIPA power plant tax assessment challenge reserve fund to reserve against, lessen or prevent increases in the school district's real property tax levy and/or tax rate resulting from decreases in revenue or taxes or a significant shift in tax liability due to a tax certiorari settlement or judgment; defines terms; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-05-31 - referred to education [S09054 Detail]

Download: New_York-2021-S09054-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9054

                    IN SENATE

                                       May 5, 2022
                                       ___________

        Introduced  by Sen. KAMINSKY -- 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  establishing  the
          Oceanside LIPA power plant tax assessment challenge reserve fund

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

     1    Section 1. The education law is amended by adding a new  section  3654
     2  to read as follows:
     3    §  3654.  Oceanside  LIPA power plant tax assessment challenge reserve
     4  fund. 1. Definitions. As used in this section:
     5    (a) "Board of education" or "board" shall mean the board of  education
     6  of the Oceanside union free school district.
     7    (b)   "Oceanside LIPA power plant  tax  assessment  challenge  reserve
     8  fund" or "fund" shall mean the Oceanside LIPA power plant tax assessment
     9  challenge reserve fund  established  pursuant  to this section
    10    (c)   "School   district"   or   "district"   shall mean the Oceanside
    11  union free school district.
    12    2. The board of education is hereby authorized to establish  a  Ocean-
    13  side  LIPA  power plant tax assessment challenge reserve fund to reserve
    14  against, or lessen or prevent increases  in the school  district's  real
    15  property tax levy and/or tax rate resulting from decreases in revenue or
    16  taxes  or  a  significant shift in tax liability due to a tax certiorari
    17  settlement or judgment provided, however, that no  such  fund  shall  be
    18  established unless approved by a majority vote of the voters present and
    19  voting  on  a  separate  ballot proposition therefor at either a special
    20  district meeting which the board of education may call for such  purpose
    21  or  at  the  annual  district  meeting  and  election, to be noticed and
    22  conducted in either case in accordance with article  forty-one  of  this
    23  chapter. Such separate proposition shall set forth the maximum allowable
    24  balance  to  be deposited and held in the Oceanside LIPA power plant tax
    25  assessment challenge reserve fund. Moneys shall be paid into  and  with-
    26  drawn from the fund and the fund shall be administered as follows:
    27    (a)  The  board  of education is hereby authorized to receive payments
    28  into  its  Oceanside  LIPA  power plant tax assessment challenge reserve

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15685-01-2

        S. 9054                             2

     1  fund  from  any  available funds or sources of  revenue,  including  any
     2  surplus from an existing reserve fund.
     3    (b)   Moneys   may   be  withdrawn from the Oceanside LIPA power plant
     4  tax assessment challenge reserve fund by resolution of the board for any
     5  fiscal year, to be expended for any   lawful purpose, to    lessen    or
     6  prevent  increases in the district's tax levy. Withdrawals from the fund
     7  shall  be  disclosed  in  a   manner   consistent   with   the  required
     8  disclosures  of  similar  reserve  funds held by the district, including
     9  disclosures  required  by  the  property tax report card prepared by the
    10  district pursuant to   the   provisions   of   subdivision   seven    of
    11  section  seventeen  hundred  sixteen  of  this chapter.
    12    § 2. This act shall take effect immediately.
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