BILL NO A04975
SAME AS No same as
COSPNSR Jaffee, Crouch
MLTSPNSR Duprey, Simon
Amd 2023-a, Ed L
Authorizes school districts to increase school budgets by up to two percent
without a supermajority vote.
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.
S T A T E O F N E W Y O R K
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
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.