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.
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A04975 Actions:

BILL NO    A04975 

02/10/2015 referred to education
01/06/2016 referred to education
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A04975 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4975
 
SPONSOR: Schimel
  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.
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A04975 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4975
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    §  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
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