NY State Senate Bill 2021-S8724

Senate Bill S8724

2021-2022 Legislative Session

Exempts the costs associated with expenditures resulting from the purchase of BOCES services and programs from the real property tax levy limit

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 05, 2022	referred to education

2021-S8724 (ACTIVE) - Details

See Assembly Version of this Bill:: A241
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A9887
2023-2024: S1574, A4152

2021-S8724 (ACTIVE) - Summary

Exempts the costs associated with expenditures resulting from the purchase of BOCES services and programs from the real property tax levy limit.

2021-S8724 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8724

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the education law, in relation to exempting the costs
associated with expenditures resulting from the purchase of BOCES
services and programs from the real property tax levy limit

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to exempt BOCES services and programs
from limitations upon local school district tax levies.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 2023-a of the
education law to exempt BOCES services and programs from limitations
upon local school district tax levies.

Section 2 states this act shall take effect May 2021.

 
JUSTIFICATION:

Boards of Cooperative Educational Services (BOCES) is a public organiza-
tion created in 1948 by the NYS Legislature in order to provide shared
educational programs and services to school districts.  BOCES are
created when two or more school districts have similar needs that can be
met by a shared program.

With BOCES as a catalyst, school districts are creative in developing
shared programs that serve children from all districts regardless of
enrollment, income, or size of tax base. Sharing is an economical way
for districts to offer programs they otherwise would not be able to
afford. The State Education Department does not approve BOCES programs
unless there are qualified, certified teachers and appropriate licensed
professionals--the programs quality of services are as superior to their
general education peers. BOCES provides cost efficient services to
school districts, services that oftentimes they would not otherwise be
able to access. Rural school districts also gain from the economies of
scale that BOCES provides.

Since BOCES provides educational programs and services through shared
services when two or more school districts contract to work together,
promote their local economy through relevant Career and Technical Educa-
tional (CTE) programs and provide savings to property tax payers through
these economies of scale they should be exempt from local school
district tax levies.

 
LEGISLATIVE HISTORY:

2020: A9B87 - Referred to Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
May 1, 2021

2021-S8724 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8724
 
                             I N  S E N A T E
 
                               April 5, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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  the  costs
   associated  with  expenditures  resulting  from  the purchase of BOCES
   services and programs from the real property tax levy limit

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  i  of  subdivision  2 of section 2023-a of the
 education law, as added by section 2 of part A of chapter 97 of the laws
 of 2011, is amended to read as follows:
   i. "Tax levy limit" means the amount of taxes  a  school  district  is
 authorized to levy pursuant to this section, provided, however, that the
 tax levy limit shall not include the following:
   (i)  a tax levy necessary for expenditures resulting from court orders
 or judgments against the school district arising out of tort actions for
 any amount that exceeds five percent of the  total  tax  levied  in  the
 prior school year;
   (ii)  in years in which the system average actuarial contribution rate
 of the New York state and local employees' retirement system, as defined
 by paragraph ten of subdivision a of section nineteen-a of  the  retire-
 ment  and  social  security  law,  increases by more than two percentage
 points from the previous year, a tax levy necessary for expenditures for
 the coming fiscal year for school district employer contributions to the
 New York state and local employees' retirement system caused  by  growth
 in  the  system average actuarial contribution rate minus two percentage
 points;
   (iii) in years in which the normal contribution rate of the  New  York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 sion two of section five hundred seventeen of this chapter, increases by
 more  than  two  percentage  points  from  the previous year, a tax levy
 necessary for  expenditures  for  the  coming  fiscal  year  for  school
 district  employer contributions to the New York state teachers' retire-
 ment system caused by growth in the normal contribution rate  minus  two
 percentage points; [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01703-03-2
 S. 8724                             2
 
   (iv) a capital tax levy; AND
   (V)  A TAX LEVY NECESSARY FOR EXPENDITURES RESULTING FROM THE PURCHASE
 OF BOCES SERVICES AND PROGRAMS.
   § 2. This act shall take effect on the first of  May  next  succeeding
 the date on which it shall have become a law.

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