S05795 Summary:

BILL NOS05795A
 
SAME ASSAME AS A07675-A
 
SPONSORMARCELLINO
 
COSPNSR
 
MLTSPNSR
 
Amd 1608, 1716, 2116-a & 2022, add 3653, Ed L
 
Relates to reporting school finances, reserve funds, final annual budgets and multi-year financial plans.
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S05795 Actions:

BILL NOS05795A
 
06/03/2015REFERRED TO EDUCATION
06/25/2015COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/25/2015ORDERED TO THIRD READING CAL.1897
06/25/2015PASSED SENATE
06/25/2015DELIVERED TO ASSEMBLY
06/25/2015referred to education
01/06/2016died in assembly
01/06/2016returned to senate
01/06/2016REFERRED TO EDUCATION
02/24/20161ST REPORT CAL.225
02/25/20162ND REPORT CAL.
02/29/2016ADVANCED TO THIRD READING
05/16/2016AMENDED ON THIRD READING 5795A
05/24/2016PASSED SENATE
05/24/2016DELIVERED TO ASSEMBLY
05/24/2016referred to education
06/08/2016substituted for a7675a
06/08/2016ordered to third reading rules cal.53
06/08/2016passed assembly
06/08/2016returned to senate
12/20/2016DELIVERED TO GOVERNOR
12/31/2016SIGNED CHAP.514
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S05795 Committee Votes:

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S05795 Floor Votes:

DATE:06/08/2016Assembly Vote  YEA/NAY: 124/16
AbbateYCrespoYGottfriedYLopezYPalumboYSimonY
AbinantiYCrouchYGrafYLupardoYPaulinYSimotasY
ArroyoYCurranNOGuntherYLupinacciYPeoples-StokesYSkartadosY
AubryYCusickYHarrisYMageeYPerryYSkoufisY
BarclayYCymbrowitzYHawleyNOMagnarelliYPichardoYSolagesY
BarrettYDavilaYHevesiYMalliotakisYPretlowYStecY
BarronYDenDekkerYHikindYMarkeyYQuartYSteckY
BenedettoYDilanYHooperYMayerYRaYStirpeY
BichotteYDinowitzYHunterYMcDonaldYRaiaYTediscoY
BlakeYDiPietroNOHyndmanERMcDonoughYRamosYTenneyNO
BlankenbushNODupreyYJaffeeYMcKevittYRichardsonYThieleY
BrabenecYEnglebrightYJean-PierreYMcLaughlinYRiveraYTitoneY
BraunsteinYFahyYJohnsYMillerYRobinsonYTitusER
BrennanERFarrellYJoynerERMontesanoNORodriguezYWalkerY
BrindisiYFinchYKatzERMorelleYRosenthalYWalterY
BronsonYFitzpatrickYKavanaghYMosleyYRozicYWeinsteinY
BuchwaldYFriendNOKearnsYMoyaYRussellYWeprinY
ButlerYGalefYKimERMurrayYRyanYWilliamsY
CahillYGanttYKolbNONojayNOSaladinoYWoernerY
CancelYGarbarinoYLalorNONolanERSantabarbaraYWozniakY
CastorinaNOGiglioYLavineYOaksNOSchimelYWrightY
CerettoYGjonajYLawrenceNOO'DonnellYSchimmingerNOZebrowskiY
ColtonYGlickYLentolYOrtizYSeawrightYMr SpkrY
CookYGoldfederYLiftonYOtisYSepulvedaER
CorwinNOGoodellYLinaresYPalmesanoNOSimanowitzY

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S05795 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5795--A
            Cal. No. 225
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 3, 2015
                                       ___________
 
        Introduced  by  Sen. MARCELLINO -- (at request of the State Comptroller)
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Education -- recommitted to the Committee  on  Educa-
          tion  in  accordance  with Senate Rule 6, sec. 8 -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10879-03-6

        S. 5795--A                          2
 
     1  levy,  excluding any levy necessary to support the expenditures pursuant
     2  to subparagraphs (i) through (iv) of paragraph i of subdivision  two  of
     3  section  two  thousand  twenty-three-a  of this title, that would result
     4  from adoption of the proposed budget; and (iii) the projected enrollment
     5  growth  for  the  school  year for which the budget is prepared, and the
     6  percentage change in enrollment from the previous  year;  and  (iv)  the
     7  percentage increase in the consumer price index, as defined in paragraph
     8  c  of  this subdivision; and (v) the projected amount of the unappropri-
     9  ated unreserved fund balance that will be retained if the proposed budg-
    10  et is adopted, the projected amount of the reserved  fund  balance,  the
    11  projected amount of the appropriated fund balance, the percentage of the
    12  proposed  budget that the unappropriated unreserved fund balance repres-
    13  ents, the actual unappropriated unreserved fund balance retained in  the
    14  school district budget for the preceding school year, and the percentage
    15  of  the  school  district  budget for the preceding school year that the
    16  actual unappropriated unreserved fund balance represents, and a schedule
    17  of reserve funds, setting  forth  the  name  of  each  reserve  fund,  a
    18  description  of  its  purpose,  the balance as of the close of the third
    19  quarter of the current school district fiscal year and a brief statement
    20  explaining any plans for the use of each such reserve fund for the ensu-
    21  ing fiscal year.
    22    § 1-a. Paragraph a of subdivision 7 of section 1608 of  the  education
    23  law,  as  amended by chapter 238 of the laws of 2007, is amended to read
    24  as follows:
    25    a. Each year, commencing with the proposed budget for  the  two  thou-
    26  sand--two  thousand  one  school  year, the trustee or board of trustees
    27  shall prepare a property tax report card, pursuant to regulations of the
    28  commissioner, and shall make it publicly available by transmitting it to
    29  local newspapers of general circulation, appending it to copies  of  the
    30  proposed  budget  made  publicly available as required by law, making it
    31  available for distribution at the annual meeting, and otherwise  dissem-
    32  inating  it  as  required  by  the  commissioner. Such report card shall
    33  include: (i) the amount of total spending and total estimated school tax
    34  levy that would result from adoption of  the  proposed  budget  and  the
    35  percentage  increase  or decrease in total spending and total school tax
    36  levy from the school district budget for the preceding school year;  and
    37  (ii)  the  projected enrollment growth for the school year for which the
    38  budget is prepared, and the percentage change  in  enrollment  from  the
    39  previous  year;  and (iii) the percentage increase in the consumer price
    40  index, as defined in paragraph c  of  this  subdivision;  and  (iv)  the
    41  projected amount of the unappropriated unreserved fund balance that will
    42  be  retained  if the proposed budget is adopted, the projected amount of
    43  the reserved fund balance, the projected amount of the appropriated fund
    44  balance, the percentage of the proposed budget that  the  unappropriated
    45  unreserved fund balance represents, the actual unappropriated unreserved
    46  fund  balance  retained  in the school district budget for the preceding
    47  school year, and the percentage of the school district  budget  for  the
    48  preceding  school  year  that  the actual unappropriated unreserved fund
    49  balance represents; and (v) a schedule of reserve funds,  setting  forth
    50  the name of each reserve fund, a description of its purpose, the balance
    51  as  of  the  close  of  the third quarter of the current school district
    52  fiscal year and a brief statement explaining any plans for  the  use  of
    53  each such reserve fund for the ensuing fiscal year.
    54    §  2.  Paragraph  a  of subdivision 7 of section 1716 of the education
    55  law, as amended by section 5 of part A of chapter  97  of  the  laws  of
    56  2011, is amended to read as follows:

        S. 5795--A                          3
 
     1    a.  Each  year,  commencing with the proposed budget for the two thou-
     2  sand--two thousand one school year, the board of education shall prepare
     3  a property tax report card, pursuant to regulations of the commissioner,
     4  and shall make it publicly available by transmitting it to local newspa-
     5  pers  of  general  circulation,  appending  it to copies of the proposed
     6  budget made publicly available as required by law, making  it  available
     7  for  distribution  at the annual meeting, and otherwise disseminating it
     8  as required by the commissioner. Such report card shall include: (i) the
     9  amount of total spending and total estimated school tax levy that  would
    10  result  from adoption of the proposed budget and the percentage increase
    11  or decrease in total spending and total school tax levy from the  school
    12  district  budget  for the preceding school year; and (ii) the district's
    13  tax  levy  limit   determined   pursuant   to   section   two   thousand
    14  twenty-three-a of this title, and the estimated school tax levy, exclud-
    15  ing  any levy necessary to support the expenditures pursuant to subpara-
    16  graphs (i) through (iv) of paragraph i of subdivision two of section two
    17  thousand twenty-three-a of this title, that would result  from  adoption
    18  of  the  proposed  budget; and (iii) the projected enrollment growth for
    19  the school year for which the budget is  prepared,  and  the  percentage
    20  change  in  enrollment  from  the previous year; and (iv) the percentage
    21  increase in the consumer price index, as defined in paragraph c of  this
    22  subdivision;  and  (v)  the projected amount of the unappropriated unre-
    23  served fund balance that will be retained  if  the  proposed  budget  is
    24  adopted, the projected amount of the reserved fund balance, the project-
    25  ed  amount  of  the  appropriated  fund  balance,  the percentage of the
    26  proposed budget that the unappropriated unreserved fund balance  repres-
    27  ents,  the actual unappropriated unreserved fund balance retained in the
    28  school district budget for the preceding  school  year,  a  schedule  of
    29  reserve   funds,  setting  forth  the  name  of  each  reserve  fund,  a
    30  description of its purpose, the balance as of the  close  of  the  third
    31  quarter of the current school district fiscal year and a brief statement
    32  explaining any plans for the use of each such reserve fund for the ensu-
    33  ing fiscal year and the percentage of the school district budget for the
    34  preceding  school  year  that  the actual unappropriated unreserved fund
    35  balance represents.
    36    § 2-a. Paragraph a of subdivision 7 of section 1716 of  the  education
    37  law,  as  amended by chapter 238 of the laws of 2007, is amended to read
    38  as follows:
    39    a. Each year, commencing with the proposed budget for  the  two  thou-
    40  sand--two thousand one school year, the board of education shall prepare
    41  a property tax report card, pursuant to regulations of the commissioner,
    42  and shall make it publicly available by transmitting it to local newspa-
    43  pers  of  general  circulation,  appending  it to copies of the proposed
    44  budget made publicly available as required by law, making  it  available
    45  for  distribution  at the annual meeting, and otherwise disseminating it
    46  as required by the commissioner. Such report card shall include: (i) the
    47  amount of total spending and total estimated school tax levy that  would
    48  result  from adoption of the proposed budget and the percentage increase
    49  or decrease in total spending and total school tax levy from the  school
    50  district  budget  for  the preceding school year; and (ii) the projected
    51  enrollment growth for the school year for which the budget is  prepared,
    52  and  the  percentage  change  in  enrollment from the previous year; and
    53  (iii) the percentage increase in the consumer price index, as defined in
    54  paragraph c of this subdivision; and (iv) the projected  amount  of  the
    55  unappropriated  unreserved  fund  balance  that  will be retained if the
    56  proposed budget is adopted, the projected amount of  the  reserved  fund

        S. 5795--A                          4

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