Relates to school district unexpended surplus funds; provides that for the 2027--2028 school year and thereafter, surplus funds shall mean any operating funds in excess of six percent of the current school year budget, and shall not include funds properly retained under other sections of law.
STATE OF NEW YORK
________________________________________________________________________
6157
2025-2026 Regular Sessions
IN ASSEMBLY
February 26, 2025
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Education
AN ACT to amend the real property tax law, in relation to school
district unexpended surplus funds
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1318 of the real property tax law,
2 as amended by chapter 238 of the laws of 2007, is amended to read as
3 follows:
4 1. The warrant of the collecting officer shall be signed by the trus-
5 tee, or the trustees, or a majority of them, or the board of education
6 or a majority thereof. Such warrant shall state the amount of unexpended
7 surplus funds in the custody of the board and shall further state that
8 except as authorized or required by law, such unexpended surplus funds
9 have been applied in determining the amount of the school tax levy. For
10 the two thousand seven--two thousand eight school year, surplus funds as
11 used in this subdivision shall mean any operating funds in excess of
12 three percent of the current school year budget, and shall not include
13 funds properly retained under other sections of law. For the two thou-
14 sand eight--two thousand nine school year[, and thereafter] through the
15 two thousand twenty-seven--two thousand twenty-eight school year,
16 surplus funds as used in this subdivision shall mean any operating funds
17 in excess of four percent of the current school year budget, and shall
18 not include funds properly retained under other sections of law. For the
19 two thousand twenty-seven--two thousand twenty-eight school year, and
20 thereafter, surplus funds as used in this subdivision shall mean any
21 operating funds in excess of six percent of the current school year
22 budget, and shall not include funds properly retained under other
23 sections of law. Such warrant shall have the same force and effect as a
24 warrant issued by a board of supervisors to a collecting officer in a
25 town. The collecting officer to whom it may be delivered for collection
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03809-01-5
A. 6157 2
1 shall be thereby authorized and required to collect from every person
2 named on such school tax roll the sum set opposite [his] their name, or
3 the amount due from any person specified therein, in the same manner and
4 with the same powers that collecting officers in towns are authorized to
5 collect taxes levied by the board of supervisors.
6 § 2. This act shall take effect on the one hundred twentieth day after
7 it shall have become a law.
