Increases the percentage of operating funds which may be retained by a school district as surplus funds for purposes of calculating the school tax levy from two percent to five percent.
STATE OF NEW YORK
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4399
2011-2012 Regular Sessions
IN ASSEMBLY
February 3, 2011
___________
Introduced by M. of A. CROUCH, KOLB, RAIA, GIGLIO, OAKS -- read once and
referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to retention of
surplus funds for purposes of determining the school tax levy
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, surplus funds
15 as used in this subdivision shall mean any operating funds in excess of
16 [four] five percent of the current school year budget, and shall not
17 include funds properly retained under other sections of law. Such
18 warrant shall have the same force and effect as a warrant issued by a
19 board of supervisors to a collecting officer in a town. The collecting
20 officer to whom it may be delivered for collection shall be thereby
21 authorized and required to collect from every person named on such
22 school tax roll the sum set opposite his name, or the amount due from
23 any person specified therein, in the same manner and with the same
24 powers that collecting officers in towns are authorized to collect taxes
25 levied by the board of supervisors.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04895-01-1
