A04975 Summary:

BILL NO    A04975 

SAME AS    No same as 

SPONSOR    Schimel

COSPNSR    Jaffee, Crouch

MLTSPNSR   Duprey, Lawrence, Simon

Amd 2023-a, Ed L

Authorizes school districts to increase school budgets by up to two percent
without a supermajority vote.
Go to top

A04975 Actions:

BILL NO    A04975 

02/10/2015 referred to education
Go to top

A04975 Memo:

BILL NUMBER:A4975

TITLE OF BILL:  An act to amend the education law, in relation to
authorizing school districts to increase school budgets by up to two
percent without a supermajority vote

PURPOSE: The bill would enable school districts to increase their
budget over the tax levy limit without a supermajority vote as long as
the increase does not exceed 2 percent.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 6 of section 2023-a of the education law,
requires a school district budget that exceeds the tax levy limit by
more than two percent to be approved by sixty percent of the votes
cast in the affirmative.

Section 2 sets the effective date.

JUSTIFICATION: Chapter 97 of the laws of 2011 imposed a tax levy limit
on school district tax levies. Although many refer to this law as a 2
percent tax cap this is not an accurate depiction of the law. Under
the tax levy limit, the amount of taxes that may be levied by or on
behalf of a school district cannot increase by more than 2 percent, or
the rate of inflation, whichever is lower. As a result of low
inflation in recent months, the allowable levy growth factor for the
school year 2014-2015 was 1.46 percent, which is significantly lower
than 2 percent. In terms of revenue, the difference between a tax levy
limit of 1.46 percent and 2 percent is hundreds of thousands of
dollars, which can be used to prevent staff cuts, the elimination of
extracurricular activities and other important educational programs.
Under the current law, a school district that proposes a budget with a
tax levy increase of 1.55 percent and has a tax levy limit of 1.46
percent must override the cap by 60 percent of the vote. This
legislation would change existing law so that a school district's
budget would only be subject to an override if the tax levy exceeds
the tax levy limit by more than two percent.

LEGISLATIVE HISTORY: 2014: A.9857

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:  This act shall take effect immediately.
Go to top

A04975 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4975

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 10, 2015
                                      ___________

       Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
         tee on Education

       AN ACT to amend the education law, in  relation  to  authorizing  school
         districts  to  increase  school budgets by up to two percent without a
         supermajority vote

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Paragraph  (a)  of subdivision 6 of section 2023-a of the
    2  education law, as added by section 2 of part A of chapter 97 of the laws
    3  of 2011, is amended to read as follows:
    4    (a) Notwithstanding any other provision of law to the contrary, in the
    5  event the trustee, trustees or board of education of a  school  district
    6  that is subject to the provisions of this section proposes a budget that
    7  will  require  a tax levy that exceeds the tax levy limit for the corre-
    8  sponding school year BY MORE THAN TWO PERCENT, not  including  any  levy
    9  necessary  to  support  the  expenditures  pursuant to subparagraphs (i)
   10  through (iv) of paragraph i of subdivision two  of  this  section,  then
   11  such budget shall be approved if sixty percent of the votes cast thereon
   12  are in the affirmative.
   13    S  2.  This act shall take effect immediately; provided, however, that
   14  the amendments to paragraph (a) of subdivision 6 of  section  2023-a  of
   15  the  education  law made by section one of this act shall not affect the
   16  repeal of such section and shall be deemed repealed therewith.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06187-01-5
Go to top
Page display time = 0.0747 sec