STATE OF NEW YORK
________________________________________________________________________
989
2023-2024 Regular Sessions
IN SENATE
January 9, 2023
___________
Introduced by Sen. ORTT -- 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 school district tax
levies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 2023-a of the education law, as
2 added by section 2 of part A of chapter 97 of the laws of 2011, is
3 amended to read as follows:
4 6. (a) Notwithstanding any other provision of law to the contrary, in
5 the event 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, then such budget shall
11 be approved if [sixty percent] a majority of the votes cast thereon are
12 in the affirmative.
13 (b) Where the trustee, trustees or board of education proposes a budg-
14 et subject to the requirements of paragraph (a) of this subdivision, the
15 ballot for such budget shall include the following statement in substan-
16 tially the same form: "Adoption of this budget requires a tax levy
17 increase of which exceeds the statutory tax levy increase limit
18 of for this school fiscal year and therefore exceeds the state tax
19 cap and must be approved by [sixty percent] a majority of the qualified
20 voters present and voting."
21 § 2. Subdivision 9 of section 2023-a of the education law, as added by
22 section 2 of part A of chapter 97 of the laws of 2011, is amended to
23 read as follows:
24 9. Nothing in this section shall preclude the trustee, trustees, or
25 board of education of a school district, in their discretion, from
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04258-01-3
S. 989 2
1 submitting additional items of expenditures to the voters for approval
2 as separate propositions or the voters from submitting propositions
3 pursuant to sections two thousand eight and two thousand thirty-five of
4 this part; provided however, except in the case of a proposition submit-
5 ted for any expenditure contained within subparagraphs (i) through (iv)
6 of paragraph i of subdivision two of this section, if any proposition,
7 or propositions collectively that are subject to a vote on the same
8 date, would require an expenditure of money that would require a tax
9 levy and would result in the tax levy limit being exceeded for the
10 corresponding school year then such proposition shall be approved if
11 [sixty percent] a majority of the votes cast thereon are in the affirma-
12 tive.
13 § 3. This act shall take effect immediately.
