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A07675 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7675--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2015
                                       ___________
 
        Introduced  by  M.  of  A. BUCHWALD, NOLAN, LAVINE -- (at request of the
          State Comptroller) -- read once  and  referred  to  the  Committee  on
          Education  --  recommitted to the Committee on Education in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend the education law, in relation to requiring notice of
          reserve funds and reserves funded by resolution and  to  require  that
          each school district post on its website, if any, a final annual budg-
          et and any multi-year financial plan adopted by the board of education
          or trustees
 
          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 7 of section 1608 of the  educa-
     2  tion law, as amended by section 4 of part A of chapter 97 of the laws of
     3  2011, is amended to read as follows:
     4    a.  Each  year,  commencing with the proposed budget for the two thou-
     5  sand--two thousand one school year, the trustee  or  board  of  trustees
     6  shall prepare a property tax report card, pursuant to regulations of the
     7  commissioner, and shall make it publicly available by transmitting it to
     8  local  newspapers  of general circulation, appending it to copies of the
     9  proposed budget made publicly available as required by  law,  making  it
    10  available  for distribution at the annual meeting, and otherwise dissem-
    11  inating it as required by  the  commissioner.  Such  report  card  shall
    12  include: (i) the amount of total spending and total estimated school tax
    13  levy  that  would  result  from  adoption of the proposed budget and the
    14  percentage increase or decrease in total spending and total  school  tax
    15  levy  from the school district budget for the preceding school year; and
    16  (ii) the district's tax levy limit determined pursuant  to  section  two
    17  thousand  twenty-three-a  of  this  title,  and the estimated school tax
    18  levy, excluding any levy necessary to support the expenditures  pursuant
    19  to  subparagraphs  (i) through (iv) of paragraph i of subdivision two of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10879-04-6

        A. 7675--A                          2
 
     1  section two thousand twenty-three-a of this  title,  that  would  result
     2  from adoption of the proposed budget; and (iii) the projected enrollment
     3  growth  for  the  school  year for which the budget is prepared, and the
     4  percentage  change  in  enrollment  from the previous year; and (iv) the
     5  percentage increase in the consumer price index, as defined in paragraph
     6  c of this subdivision; and (v) the projected amount of  the  unappropri-
     7  ated unreserved fund balance that will be retained if the proposed budg-
     8  et  is  adopted,  the projected amount of the reserved fund balance, the
     9  projected amount of the appropriated fund balance, the percentage of the
    10  proposed budget that the unappropriated unreserved fund balance  repres-
    11  ents,  the actual unappropriated unreserved fund balance retained in the
    12  school district budget for the preceding school year, and the percentage
    13  of the school district budget for the preceding  school  year  that  the
    14  actual unappropriated unreserved fund balance represents, and a schedule
    15  of  reserve  funds,  setting  forth  the  name  of  each reserve fund, a
    16  description of its purpose, the balance as of the  close  of  the  third
    17  quarter of the current school district fiscal year and a brief statement
    18  explaining any plans for the use of each such reserve fund for the ensu-
    19  ing fiscal year.
    20    §  1-a.  Paragraph a of subdivision 7 of section 1608 of the education
    21  law, as amended by chapter 238 of the laws of 2007, is amended  to  read
    22  as follows:
    23    a.  Each  year,  commencing with the proposed budget for the two thou-
    24  sand--two thousand one school year, the trustee  or  board  of  trustees
    25  shall prepare a property tax report card, pursuant to regulations of the
    26  commissioner, and shall make it publicly available by transmitting it to
    27  local  newspapers  of general circulation, appending it to copies of the
    28  proposed budget made publicly available as required by  law,  making  it
    29  available  for distribution at the annual meeting, and otherwise dissem-
    30  inating it as required by  the  commissioner.  Such  report  card  shall
    31  include: (i) the amount of total spending and total estimated school tax
    32  levy  that  would  result  from  adoption of the proposed budget and the
    33  percentage increase or decrease in total spending and total  school  tax
    34  levy  from the school district budget for the preceding school year; and
    35  (ii) the projected enrollment growth for the school year for  which  the
    36  budget  is  prepared,  and  the percentage change in enrollment from the
    37  previous year; and (iii) the percentage increase in the  consumer  price
    38  index,  as  defined  in  paragraph  c  of this subdivision; and (iv) the
    39  projected amount of the unappropriated unreserved fund balance that will
    40  be retained if the proposed budget is adopted, the projected  amount  of
    41  the reserved fund balance, the projected amount of the appropriated fund
    42  balance,  the  percentage of the proposed budget that the unappropriated
    43  unreserved fund balance represents, the actual unappropriated unreserved
    44  fund balance retained in the school district budget  for  the  preceding
    45  school  year,  and  the percentage of the school district budget for the
    46  preceding school year that the  actual  unappropriated  unreserved  fund
    47  balance  represents;  and (v) a schedule of reserve funds, setting forth
    48  the name of each reserve fund, a description of its purpose, the balance
    49  as of the close of the third quarter  of  the  current  school  district
    50  fiscal  year  and  a brief statement explaining any plans for the use of
    51  each such reserve fund for the ensuing fiscal year.
    52    § 2. Paragraph a of subdivision 7 of section  1716  of  the  education
    53  law,  as  amended  by  section  5 of part A of chapter 97 of the laws of
    54  2011, is amended to read as follows:
    55    a. Each year, commencing with the proposed budget for  the  two  thou-
    56  sand--two thousand one school year, the board of education shall prepare

        A. 7675--A                          3
 
     1  a property tax report card, pursuant to regulations of the commissioner,
     2  and shall make it publicly available by transmitting it to local newspa-
     3  pers  of  general  circulation,  appending  it to copies of the proposed
     4  budget  made  publicly available as required by law, making it available
     5  for distribution at the annual meeting, and otherwise  disseminating  it
     6  as required by the commissioner. Such report card shall include: (i) the
     7  amount  of total spending and total estimated school tax levy that would
     8  result from adoption of the proposed budget and the percentage  increase
     9  or  decrease in total spending and total school tax levy from the school
    10  district budget for the preceding school year; and (ii)  the  district's
    11  tax   levy   limit   determined   pursuant   to   section  two  thousand
    12  twenty-three-a of this title, and the estimated school tax levy, exclud-
    13  ing any levy necessary to support the expenditures pursuant to  subpara-
    14  graphs (i) through (iv) of paragraph i of subdivision two of section two
    15  thousand  twenty-three-a  of this title, that would result from adoption
    16  of the proposed budget; and (iii) the projected  enrollment  growth  for
    17  the  school  year  for  which the budget is prepared, and the percentage
    18  change in enrollment from the previous year;  and  (iv)  the  percentage
    19  increase  in the consumer price index, as defined in paragraph c of this
    20  subdivision; and (v) the projected amount of  the  unappropriated  unre-
    21  served  fund  balance  that  will  be retained if the proposed budget is
    22  adopted, the projected amount of the reserved fund balance, the project-
    23  ed amount of the  appropriated  fund  balance,  the  percentage  of  the
    24  proposed  budget that the unappropriated unreserved fund balance repres-
    25  ents, the actual unappropriated unreserved fund balance retained in  the
    26  school  district  budget  for  the  preceding school year, a schedule of
    27  reserve  funds,  setting  forth  the  name  of  each  reserve  fund,   a
    28  description  of  its  purpose,  the balance as of the close of the third
    29  quarter of the current school district fiscal year and a brief statement
    30  explaining any plans for the use of each such reserve fund for the ensu-
    31  ing fiscal year and the percentage of the school district budget for the
    32  preceding school year that the  actual  unappropriated  unreserved  fund
    33  balance represents.
    34    §  2-a.  Paragraph a of subdivision 7 of section 1716 of the education
    35  law, as amended by chapter 238 of the laws of 2007, is amended  to  read
    36  as follows:
    37    a.  Each  year,  commencing with the proposed budget for the two thou-
    38  sand--two thousand one school year, the board of education shall prepare
    39  a property tax report card, pursuant to regulations of the commissioner,
    40  and shall make it publicly available by transmitting it to local newspa-
    41  pers of general circulation, appending it  to  copies  of  the  proposed
    42  budget  made  publicly available as required by law, making it available
    43  for distribution at the annual meeting, and otherwise  disseminating  it
    44  as required by the commissioner. Such report card shall include: (i) the
    45  amount  of total spending and total estimated school tax levy that would
    46  result from adoption of the proposed budget and the percentage  increase
    47  or  decrease in total spending and total school tax levy from the school
    48  district budget for the preceding school year; and  (ii)  the  projected
    49  enrollment  growth for the school year for which the budget is prepared,
    50  and the percentage change in enrollment  from  the  previous  year;  and
    51  (iii) the percentage increase in the consumer price index, as defined in
    52  paragraph  c  of  this subdivision; and (iv) the projected amount of the
    53  unappropriated unreserved fund balance that  will  be  retained  if  the
    54  proposed  budget  is  adopted, the projected amount of the reserved fund
    55  balance, the projected amount of  the  appropriated  fund  balance,  the
    56  percentage  of  the  proposed  budget that the unappropriated unreserved

        A. 7675--A                          4
 
     1  fund balance  represents,  the  actual  unappropriated  unreserved  fund
     2  balance  retained in the school district budget for the preceding school
     3  year, a schedule of reserve  funds,  setting  forth  the  name  of  each
     4  reserve  fund, a description of its purpose, the balance as of the close
     5  of the third quarter of the current school district fiscal  year  and  a
     6  brief  statement  explaining  any plans for the use of each such reserve
     7  fund for the ensuing fiscal  year  and  the  percentage  of  the  school
     8  district  budget  for the preceding school year that the actual unappro-
     9  priated unreserved fund balance represents.
    10    § 3. The education law is amended by adding a new section 3653 to read
    11  as follows:
    12    § 3653. Reserves funded  by  resolution.  In  addition  to  any  other
    13  requirements,  no  monies  shall be paid or transferred into any reserve
    14  fund, established pursuant to this chapter or any other chapter of  law,
    15  for  the  purpose of increasing the funding of such reserve fund, unless
    16  expressly authorized by a resolution of the board of education or  trus-
    17  tees of a school district.
    18    §  4.  Section  2116-a of the education law is amended by adding a new
    19  subdivision 3-b to read as follows:
    20    3-b. Each school district shall  in  a  timely  fashion  post  on  its
    21  website,  if  any,  the  annual external audit report and the corrective
    22  action plan prepared in response to any findings contained in the annual
    23  external audit report or management letter, or any  final  audit  report
    24  issued by the state comptroller.
    25    §  5.  Section  2022  of  the education law is amended by adding a new
    26  subdivision 7 to read as follows:
    27    7. Each school district shall post on its website,  if  any,  a  final
    28  annual  budget and any multi-year financial plan adopted by the board of
    29  education or trustees.
    30    § 6. This act shall take effect on the first of July  next  succeeding
    31  the date on which it shall have become a law; provided, however, that:
    32    a.  the  amendment  to paragraph a of subdivision 7 of section 1608 of
    33  the education law made by section one of this act shall  be  subject  to
    34  the expiration and reversion of such paragraph pursuant to section 13 of
    35  part  A  of  chapter  97 of the laws of 2011, as amended, when upon such
    36  date the provisions of section one-a of this act shall take effect;
    37    b. the amendment to paragraph a of subdivision 7 of  section  1716  of
    38  the  education  law  made by section two of this act shall be subject to
    39  the expiration and reversion of such paragraph pursuant to section 13 of
    40  part A of chapter 97 of the laws of 2011, as  amended,  when  upon  such
    41  date the provisions of section two-a of this act shall take effect; and
    42    c. provided, further, that the amendment to section 2022 of the educa-
    43  tion  law  made by section five of this act shall survive the expiration
    44  and reversion of such section pursuant to section 13 of part A of  chap-
    45  ter 97 of the laws of 2011, as amended.
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