S T A T E O F N E W Y O R K
________________________________________________________________________
3239
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
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Introduced by M. of A. ENGLEBRIGHT, P. RIVERA -- read once and referred
to the Committee on Real Property Taxation
AN ACT to amend the education law, in relation to authorizing establish-
ment of tax stabilization reserve funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 44 to
read as follows:
ARTICLE 44
TAX STABILIZATION RESERVE FUNDS
SECTION 2150. TAX STABILIZATION RESERVE FUNDS.
S 2150. TAX STABILIZATION RESERVE FUNDS. NOTWITHSTANDING ANY INCON-
SISTENT PROVISION OF LAW, THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT
SHALL BE AUTHORIZED TO TRANSFER ANY MONIES IDENTIFIED AS AN UNAPPROPRI-
ATED FUND BALANCE IN EXCESS OF TWO PERCENT OF THE CURRENT BUDGET PERMIT-
TED TO BE RETAINED FOR MEETING CONTINGENT EXPENSES TO A SPECIAL FUND
WHICH SHALL BE KNOWN AS A TAX STABILIZATION RESERVE FUND. MONIES IN
SUCH FUND SHALL BE DEPOSITED IN ONE OR MORE OF THE BANKS OR TRUST COMPA-
NIES DESIGNATED IN THE MANNER PROVIDED BY LAW AS DEPOSITORIES OF THE
FUNDS FOR ANY GIVEN DISTRICT. THE MONIES IN SUCH FUND SO DEPOSITED SHALL
BE KEPT IN A SEPARATE BANK ACCOUNT. BOARDS OF EDUCATION MAY INVEST THE
MONIES IN SUCH FUNDS IN A MANNER PROVIDED BY SECTION ELEVEN OF THE
GENERAL MUNICIPAL LAW. ANY INTEREST EARNED ON THE MONIES SO DEPOSITED OR
INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH FUND. MONIES IN SUCH
FUND MAY BE APPROPRIATED IN ACCORDANCE WITH A PLAN TO STABILIZE THE
SCHOOL DISTRICT'S PROPERTY TAX RATE BY MAKING USE OF SUCH FUNDS TO
OFFSET TAX LEVY NEEDS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06749-01-9