STATE OF NEW YORK
________________________________________________________________________
2800
2013-2014 Regular Sessions
IN SENATE
January 23, 2013
___________
Introduced by Sen. BALL -- 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 exempting BOCES capi-
tal expenditures from limitations upon local 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. Paragraph c of subdivision 2 of section 2023-a of the
2 education law, as added by section 2 of part A of chapter 97 of the laws
3 of 2011, is amended to read as follows:
4 c. "Capital local expenditures" means the taxes associated with budg-
5 eted expenditures resulting from the financing, refinancing, acquisi-
6 tion, design, construction, reconstruction, rehabilitation, improvement,
7 furnishing and equipping of, or otherwise providing for school district
8 capital facilities or school district capital equipment and the school
9 district's share of such expenditures for board of cooperative educa-
10 tional services (BOCES) capital facilities and BOCES capital equipment,
11 including debt service and lease expenditures, and transportation capi-
12 tal debt service, subject to the approval of the qualified voters where
13 required by law.
14 § 2. Paragraph b of subdivision 4 of section 2023 of the education
15 law, as added by section 3 of part A of chapter 97 of the laws of 2011,
16 is amended to read as follows:
17 b. The resolution of the trustee, board of trustees, or board of
18 education adopting a contingency budget shall incorporate by reference a
19 statement specifying the projected percentage increase or decrease in
20 total spending for the school year, and explaining the reasons for
21 disregarding any portion of an increase in spending in formulating the
22 contingency budget; provided, however, that capital expenditures and
23 capital improvement projects by the board of cooperative educational
24 services (BOCES) shall not be included in total spending.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04896-01-3
S. 2800 2
1 § 3. This act shall take effect immediately; provided that the amend-
2 ments to paragraph c of subdivision 2 of section 2023-a of the education
3 law made by section one of this act shall be subject to the repeal of
4 such section and shall be deemed to be repealed therewith; and provided
5 further, that the amendments to paragraph b of subdivision 4 of section
6 2023 of the education law made by section two of this act shall be
7 subject to the expiration of such section and shall be deemed to expire
8 therewith.
