A01239 Summary:

Amd S2023-a, Ed L
Relates to school boards approving a budget that exceeds the tax levy limit by a sixty percent vote; subsequently it must be approved by a majority of the qualified voters.
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A01239 Actions:

01/08/2015referred to education
01/06/2016referred to education
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A01239 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the education law, in relation to school boards   PURPOSE OR GENERAL IDEA OF BILL: This bill establishes a more uniform budget process for school districts, aligning the process with other local municipalities such as towns, cities and villages.   SUMMARY OF PROVISIONS: 1)a. The proposed budget of a school district that exceeds the "tax cap" must be passed with a super-majority vote of the school board. b. The proposed budget of school district that exceeds the "tax cap" must be passed by a majority of the qualified voters of the school district. 2)This act will take place immediately   JUSTIFICATION: Since the inception of the "tax cap," local school districts have faced a more arduous budget process than their counterparts in other local governments. School districts, which are easily facing the most fiscal distress of any of the local levels of government in New York State, must first pass a budget through their elected board of education that breaks the cap with a super-majority and then a vote of their constitu- ency with a super-majority. Conversely, local governments that propose to break the "tax cap" must only have a super-majority vote of the board and no vote of their constituency. In an effort to make the budget proc- ess of all local governments more uniform, reduce redundancy, and reduce the complexity of school budget votes, while still preserving the long- standing right of voters to approve their school district budget by a majority vote, this legislation proposes that the vote of the constitu- ency be a majority vote and not a super-majority vote.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediate.
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A01239 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     January 8, 2015
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Education
        AN ACT to amend the education law, in relation to school boards
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 2023-a
     2  of the education law, as added by section 2 of part A of chapter  97  of
     3  the laws of 2011, are amended to read as follows:
     4    (a)  Notwithstanding  any  other provision of law to the contrary, [in
     5  the event] where the trustee, trustees or board of education of a school
     6  district that is subject to the provisions of this  section  proposes  a
     7  budget  that will require a tax levy that exceeds the tax levy limit for
     8  the corresponding school year,  not  including  any  levy  necessary  to
     9  support  the  expenditures pursuant to subparagraphs (i) through (iv) of
    10  paragraph i of subdivision two of this  section,  such  proposed  budget
    11  shall be approved by sixty percent of the votes of the trustee, trustees
    12  or  board  of  education,  then  such budget shall be approved if [sixty
    13  percent] a majority of the votes cast [thereon] by qualified voters  are
    14  in the affirmative.
    15    (b) Where the trustee, trustees or board of education proposes a budg-
    16  et subject to the requirements of paragraph (a) of this subdivision, the
    17  ballot for such budget shall include the following statement in substan-
    18  tially  the  same  form:  "Adoption  of  this budget requires a tax levy
    19  increase of         which exceeds the statutory tax levy increase  limit
    20  of       for this school fiscal year and therefore exceeds the state tax
    21  cap and must be approved by [sixty percent] a majority of the  qualified
    22  voters present and voting."
    23    §  2.  This act shall take effect immediately, provided, however, that
    24  the amendments to paragraphs (a) and (b) of  subdivision  6  of  section
    25  2023-a  of  the  education law made by section one of this act shall not
    26  affect the repeal of such section and shall be  deemed  repealed  there-
    27  with.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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