senate Bill S4183

Relates to disregarding certain payments from the calculation of total spending for the purposes of adopting contingency budgets

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Mar / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION

Summary

Provides that certain payments by a board of cooperative educational services for construction or rental of facilities shall be disregarded from the calculation of total spending for the purposes of adopting contingency budgets.

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Bill Details

See Assembly Version of this Bill:
A8000
Versions:
S4183
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง2023, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S4400A, A7765A

Sponsor Memo

BILL NUMBER:S4183

TITLE OF BILL:
An act to amend the education law, in relation to disregarding certain
payments required to be made by a board of cooperative educational
services from the calculation of total spending for the purposes of
adopting contingency budgets

PURPOSE:
This bill permits school districts that are operating on a contingency
budget to exclude the expenditure for BOCES capital projects from the
statutory cap on contingency budgets.

SUMMARY:
Subdivision 4 of Section 2023 of the Education law is amended in the
following ways:

Section 1. amends the final subparagraph (vii) of paragraph b which
outlines the types of expenditures which are to be disregarded in deter-
mining total spending when factoring a levy under contingency budget
circumstances to add "; and".

Section 2. renumbers the last subparagraph (vii) of paragraph b because
of a redundancy in numbering in the current law. It corrects the number
to read "viii" and adds "; and" to the end of the subparagraph to allow
for an additional subparagraph.

Section 2. also amends paragraph b to include an additional subparagraph
"ix". The new subparagraph adds BOCES capital projects as, outlined in
the BOCES law, to the list of expenditures which are to be disregarded
in determining total spending when factoring a levy under contingency
budget circumstances.

Section 3. This act shall take effect immediately.

JUSTIFICATION:
In difficult financial times school districts find it increasingly
common to see the qualified voters of their district reject a proposed
school budget. Protections in Section 2023 of the Education Law author-
ize the school district to create a contingency budget. Districts can
increase the contingency budget over the prior year's budget to cover
regularly increasing costs by 120% of the Consumer Price Index or 4%,
whichever is less.

Paragraph b of Subdivision 4 of the same section outlines the types of
expenditures which are to be disregarded in determining total spending
when factoring an allowable levy under contingency budget circumstances.
Current law provides the exclusion of capital expenditures resulting
from the construction, acquisition, reconstruction, rehabilitation or
improvement of school facilities, including debt service and lease

expenditures, subject to the approval of the qualified voters where
required by law.

However, the law doesn't currently provide the same exclusion for the
same capital expenditures when they are part of a BOCES capital project.

This bill allows BOCES capital expenses to be excluded from the types of
expenditures which determine total spending in a contingency budget;
therefore excluding the expenses from the statutory cap on contingency
budgets.

It is clear and reasonable that the intent of Section 2023 of the Educa-
tion Law was to exclude capital projects from the types of expenditures
which determine total spending in a contingency budget. Without this
exclusion in law, school districts which are hurting the most are forced
to payout of their administrative budget for BOCES capital projects.

It's important to consider the mandates each piece of legislation we
pass imposes on our schools especially as they may relate to budgeting.
By enacting this legislation, we provide school districts which are in
some of the most desperate need, a necessary tool for survival under
contingency budgets.

LEGISLATIVE HISTORY:
S4400-A of 2010 - Reported to Finance

FISCAL IMPACT:
None to State.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4183

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- 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  disregarding  certain
  payments  required  to  be  made by a board of cooperative educational
  services from the calculation of total spending for  the  purposes  of
  adopting contingency budgets

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (vii) of  paragraph  b  of  subdivision  4  of
section  2023 of the education law, as added by section 1 of part D-2 of
chapter 57 of the laws of 2007, is amended to read as follows:
  (vii) expenditures for payments to charter schools pursuant to section
twenty-eight hundred fifty-six of this chapter[.]; AND
  S 2. Subparagraph (vii) of paragraph b of  subdivision  4  of  section
2023  of the education law, as added by chapter 422 of the laws of 2007,
is amended and a new subparagraph (ix) is added to read as follows:
  [(vii)] (VIII) expenditures for self-supporting programs. For purposes
of this subparagraph, "self-supporting programs" shall mean any programs
that are entirely funded by private funds that cover all  the  costs  of
the program[.]; AND
  (IX) THE AMOUNT ALLOCATED TO THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH
G  OF  SUBDIVISION  FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE
FOR, ANY PAYMENT BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES  TO  THE
DORMITORY  AUTHORITY  OR  ANY PAYMENT REQUIRED BY A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES TO ACQUIRE OR CONSTRUCT A SCHOOL  FACILITY  OF  THE
BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES, AND ANY PAYMENTS FOR RENTAL
OF FACILITIES BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01834-01-1

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