Relates to school boards approving a budget that exceeds the tax levy limit by a sixty percent vote; subsequently it must be approved by a majority of the qualified voters.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1239
SPONSOR: Steck
 
TITLE OF BILL: An act to amend the education law, in relation to
school boards
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes a more uniform budget process for school
districts, aligning the process with other local municipalities such as
towns, cities and villages.
 
SUMMARY OF PROVISIONS:
1)a. The proposed budget of a school district that exceeds the "tax cap"
must be passed with a super-majority vote of the school board. b. The
proposed budget of school district that exceeds the "tax cap" must be
passed by a majority of the qualified voters of the school district.
2)This act will take place immediately
 
JUSTIFICATION:
Since the inception of the "tax cap," local school districts have faced
a more arduous budget process than their counterparts in other local
governments. School districts, which are easily facing the most fiscal
distress of any of the local levels of government in New York State,
must first pass a budget through their elected board of education that
breaks the cap with a super-majority and then a vote of their constitu-
ency with a super-majority. Conversely, local governments that propose
to break the "tax cap" must only have a super-majority vote of the board
and no vote of their constituency. In an effort to make the budget proc-
ess of all local governments more uniform, reduce redundancy, and reduce
the complexity of school budget votes, while still preserving the long-
standing right of voters to approve their school district budget by a
majority vote, this legislation proposes that the vote of the constitu-
ency be a majority vote and not a super-majority vote.
 
LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
1239
2015-2016 Regular Sessions
IN ASSEMBLY
January 8, 2015
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to school boards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 6 of section 2023-a
2 of the education law, as added by section 2 of part A of chapter 97 of
3 the laws of 2011, are amended to read as follows:
4 (a) Notwithstanding any other provision of law to the contrary, [in
5 the event] where the trustee, trustees or board of education of a school
6 district that is subject to the provisions of this section proposes a
7 budget that will require a tax levy that exceeds the tax levy limit for
8 the corresponding school year, not including any levy necessary to
9 support the expenditures pursuant to subparagraphs (i) through (iv) of
10 paragraph i of subdivision two of this section, such proposed budget
11 shall be approved by sixty percent of the votes of the trustee, trustees
12 or board of education, then such budget shall be approved if [sixty
13 percent] a majority of the votes cast [thereon] by qualified voters are
14 in the affirmative.
15 (b) Where the trustee, trustees or board of education proposes a budg-
16 et subject to the requirements of paragraph (a) of this subdivision, the
17 ballot for such budget shall include the following statement in substan-
18 tially the same form: "Adoption of this budget requires a tax levy
19 increase of which exceeds the statutory tax levy increase limit
20 of for this school fiscal year and therefore exceeds the state tax
21 cap and must be approved by [sixty percent] a majority of the qualified
22 voters present and voting."
23 § 2. This act shall take effect immediately, provided, however, that
24 the amendments to paragraphs (a) and (b) of subdivision 6 of section
25 2023-a of the education law made by section one of this act shall not
26 affect the repeal of such section and shall be deemed repealed there-
27 with.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04462-02-5