NY State Assembly Bill 2009-A662

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2010	print number 662c
Apr 15, 2010	amend (t) and recommit to ways and means
Mar 25, 2010	print number 662b
Mar 25, 2010	amend (t) and recommit to ways and means
Feb 25, 2010	print number 662a
Feb 25, 2010	amend and recommit to ways and means
Jan 06, 2010	referred to ways and means
Jan 07, 2009	referred to ways and means

2009-A662 - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §§3 & 23, St Fin L; amd §§2022, 2601-a, 2003, 2004, 1608, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5918
2013-2014: A2748
2015-2016: A5695
2017-2018: A8556

2009-A662 - Summary

Changes the state fiscal year from April first to June first with such fiscal year ending the next following thirty-first day of May; changes time frames for school district elections and notice of elections and submission of a property tax report card.

2009-A662 - Sponsor Memo

2009-A662 - Bill Text download pdf

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

                                   662

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the state finance law, in relation to changing the state
  fiscal year from the first of April to the first of June

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

  Section 1. Section 3 of the state finance law, as added by  chapter  1
of the laws of 1943 and as separately renumbered by chapters 405 and 957
of the laws of 1981, is amended to read as follows:
  S  3.  Fiscal  year.  1.  The  current  fiscal year of the state which
commenced with the first  day  of  [July,  nineteen  hundred  forty-two]
APRIL,  TWO  THOUSAND  NINE, is hereby [abridged] EXTENDED and shall end
with the thirty-first day of [March, nineteen hundred forty-three]  MAY,
TWO  THOUSAND TEN.  For all purposes of determining annual increments of
state employees pursuant to the education law, the civil service law  or
other  state law, and for all purposes whenever by law some act is to be
performed or time is to be measured by the fiscal year of the state, the
current fiscal year, as so [abridged] EXTENDED, shall be deemed to be  a
full year unless the context clearly requires a contrary construction.
  On  and  after  the first day of [April, nineteen hundred forty-three]
JUNE, TWO THOUSAND TEN, the fiscal year of the state, for the purpose of
budget, appropriations, receipts and disbursements of state  moneys  and
all  other state affairs which are regulated in accordance with or based
on fiscal years, including the fiscal affairs of all state  departments,
commissions,  boards,  agencies,  offices  and institutions, shall begin
with the first day of [April] JUNE and end with the next following thir-
ty-first day of [March] MAY.
  2. All books and accounts in the offices of the  comptroller  and  the
department  of  taxation  and finance shall be kept by fiscal years. All
annual accounts required to be rendered to the comptroller  or  to  such

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

                                                           LBD00819-01-9

A. 662                              2

department  by  any  person  shall  be closed on the thirty-first day of
[March] MAY in each year, and be rendered as soon thereafter as  practi-
cable, if no time is specially prescribed by law.
  3.  Where any statute provides, in terms or effect, that any inventory
or account, or a report relating in whole or in  part  to  receipts  and
disbursements  of money, be made to the legislature or any state officer
annually, or for a year, by a department, commission, board, or  officer
under  the  state government, such inventory or account, and such report
so far as it relates to such receipts and disbursements,  shall  be  for
the  preceding  fiscal  year,  unless  the  calendar  year  be expressly
mentioned.
  4. Existing provisions of other laws  describing  or  referring  to  a
fiscal  year  of  the  state  as beginning [July] APRIL first and ending
[June thirtieth] MARCH THIRTY-FIRST,  or  making  any  requirement  with
respect  to  such fiscal year, or referring to any year so beginning and
ending which applies to inventories or accounts in state matters, or  to
reports relating to state money or property, shall be deemed modified by
and be construed in connection with this section, and be deemed to refer
to  a fiscal or to another year or period beginning and ending as [here-
in] prescribed IN THIS SECTION for a fiscal year.
  S 2. This act shall take effect immediately.

2009-A662A - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §§3 & 23, St Fin L; amd §§2022, 2601-a, 2003, 2004, 1608, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5918
2013-2014: A2748
2015-2016: A5695
2017-2018: A8556

2009-A662A - Summary

Changes the state fiscal year from April first to June first with such fiscal year ending the next following thirty-first day of May; changes time frames for school district elections and notice of elections and submission of a property tax report card.

2009-A662A - Sponsor Memo

2009-A662A - Bill Text download pdf

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

                                 662--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Ways  and  Means  -- recommitted to the Committee on Ways and
  Means in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the state finance law, in relation to changing the state
  fiscal year from the first of April to the first of June

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

  Section 1. Section 3 of the state finance law, as added by  chapter  1
of the laws of 1943 and as separately renumbered by chapters 405 and 957
of the laws of 1981, is amended to read as follows:
  S  3.  Fiscal  year.  1.  The  current  fiscal year of the state which
commenced with the first  day  of  [July,  nineteen  hundred  forty-two]
APRIL,  TWO  THOUSAND  TEN,  is hereby [abridged] EXTENDED and shall end
with the thirty-first day of [March, nineteen hundred forty-three]  MAY,
TWO  THOUSAND ELEVEN.  For all purposes of determining annual increments
of state employees pursuant to the education law, the civil service  law
or  other state law, and for all purposes whenever by law some act is to
be performed or time is to be measured by the fiscal year of the  state,
the  current  fiscal year, as so [abridged] EXTENDED, shall be deemed to
be  a  full  year  unless  the  context  clearly  requires  a   contrary
construction.
  On  and  after  the first day of [April, nineteen hundred forty-three]
JUNE, TWO THOUSAND ELEVEN, the fiscal year of the state, for the purpose
of budget, appropriations, receipts and disbursements  of  state  moneys
and  all  other  state affairs which are regulated in accordance with or
based on fiscal years, including the fiscal affairs of all state depart-
ments, commissions, boards, agencies, offices  and  institutions,  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00819-02-0

A. 662--A                           2

begin with the first day of [April] JUNE and end with the next following
thirty-first day of [March] MAY.
  2.  All  books  and accounts in the offices of the comptroller and the
department of taxation and finance shall be kept by  fiscal  years.  All
annual  accounts  required  to be rendered to the comptroller or to such
department by any person shall be closed  on  the  thirty-first  day  of
[March]  MAY in each year, and be rendered as soon thereafter as practi-
cable, if no time is specially prescribed by law.
  3. Where any statute provides, in terms or effect, that any  inventory
or  account,  or  a  report relating in whole or in part to receipts and
disbursements of money, be made to the legislature or any state  officer
annually,  or for a year, by a department, commission, board, or officer
under the state government, such inventory or account, and  such  report
so  far  as  it relates to such receipts and disbursements, shall be for
the preceding  fiscal  year,  unless  the  calendar  year  be  expressly
mentioned.
  4.  Existing  provisions  of  other  laws describing or referring to a
fiscal year of the state as beginning  [July]  APRIL  first  and  ending
[June  thirtieth]  MARCH  THIRTY-FIRST,  or  making any requirement with
respect to such fiscal year, or referring to any year so  beginning  and
ending  which applies to inventories or accounts in state matters, or to
reports relating to state money or property, shall be deemed modified by
and be construed in connection with this section, and be deemed to refer
to a fiscal or to another year or period beginning and ending as  [here-
in] prescribed IN THIS SECTION for a fiscal year.
  S 2. This act shall take effect immediately.

2009-A662B - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §§3 & 23, St Fin L; amd §§2022, 2601-a, 2003, 2004, 1608, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5918
2013-2014: A2748
2015-2016: A5695
2017-2018: A8556

2009-A662B - Summary

Changes the state fiscal year from April first to June first with such fiscal year ending the next following thirty-first day of May; changes time frames for school district elections and notice of elections and submission of a property tax report card.

2009-A662B - Sponsor Memo

                                BILL NUMBER:A662B

TITLE  OF  BILL:   An act to amend the state finance law, in relation to
changing the state fiscal year from the first of April to the  first  of
June  and  requiring revisions of the consensus forecast of the economy,
estimates of receipts for the current and the ensuing state fiscal  year
and  the joint report of the director of the budget and the secretary of
the senate finance committee and the secretary of the assembly ways  and
means  committee,  and  directing the state comptroller to provide esti-
mates for receipts for the  current and ensuing state fiscal  year;  and
to  amend  the  education  law,  in relation to the timing and notice of
annual elections in school districts and the submission  of  a  property
tax report card

PURPOSE:    This  legislation  proposes to change the start of the state
fiscal year from April 1 to June 1 to ensure vital personal  income  tax
data due April 15 is fully assessed in the revenue forecasting and budg-
et  negotiations  processes.  Executive  and  legislative fiscal leaders
would be required to reconvene on or after April 15 and establish by May
1 a consensus forecast of the economy and estimates of  receipts.    The
May  1  joint  report would revise the initial consensus forecast of the
economy and estimates of receipts due by March 1.

Further, to accommodate school district trustees who need  to  know  how
much state aid they will receive in the ensuing fiscal year, the uniform
school budget voting day would be moved from the third Tuesday of May to

the  fourth  Tuesday  of  June. Reporting deadlines and requirements for
school budget notice advertisements and property tax report cards  would
be  advanced  to assist districts in adjusting to this new school budget
voting cycle.

SUMMARY OF PROVISIONS:  Section 1 of the bill amends  §3  of  the  state
finance law to change the start of the state fiscal year to June 1.

Section  2  of the bill amends subdivision 6 of §23 of the state finance
law to require the senate finance committee,  assembly  ways  and  means
committee  and  division  of budget to reconvene on or after April 15 to
revise the consensus forecast of the economy and estimates  of  receipts
for  the  current and ensuing fiscal years. By May 1, the senate finance
committee, assembly ways and means  committee  and  division  of  budget
shall issue a revised version of the joint executive-legislative consen-
sus report that was initially due March 1. In cases when a revised joint
executive-legislative consensus report is not issued by May 1, the comp-
troller,  on  or before May 5, shall provide estimates for receipts' for
the current and ensuing state fiscal years.

Section 3 of the bill amends subdivision 1 of §2022 of the education law
to change the uniform school budget voting day to the fourth Tuesday  of
June.

Section  4  of the bill amends subdivision 2 of §2601-a of the education
law to eliminate in 2011 the second Tuesday of May  as  the  alternative
uniform school budget voting day.

Section 5 of the bill amends subdivision 1 of §2003 of the education law
to  require  each  common  school district advertise in local newspapers
notices about school budget votes two times in the three weeks preceding
the annual meeting and election, with the first advertisement  appearing
18  days  prior to the vote. Each district shall also predominately post
on its official school web site this budget vote information  throughout
the three weeks next preceding the annual meeting, with the first publi-
cation appearing eighteen days before the meeting.

Section 6 of the bill amends subdivision 1 of §2004 of the education law
to  require  each  union free school district advertise notices in local
newspapers about school budget  votes  two  times  in  the  three  weeks
preceding the vote, with the first advertisement appearing 18 days prior
to the vote. Each district shall also predominately post on its official
school  web site this budget vote information throughout the three weeks
next preceding the annual meeting, with the first publication  appearing
eighteen days before the meeting.

Section  7  of  the bill amends paragraph b of subdivision 7 of §1608 of
the education law to require school districts to submit  their  property
tax  report cards to the department of education no later than the eigh-
teen days prior to the statewide uniform voting day.

Section 8 of the bill sets forth the effective date.

JUSTIFICATION:  Much has changed since the Legislature last changed  the
start  of  New  York State's fiscal year. When lawmakers in 1943 shifted
New York to an April 1 fiscal year, the State suffered from budgets that
were passed too early; the State typically ended its fiscal year on June
30 with huge surpluses that irked taxpayers; and the  Legislature  often
passed the Executive Budget with little to no changes. While the ration-
ale  for  changing  the fiscal year in 1943 had its merits, they are not
applicable to modern times.

A host of deficiencies in the budget process stem from the April 1 start
date. These problems range from poor revenue forecasting to difficulties
in establishing a firm revenue consensus between Executive and  Legisla-
tive  fiscal leaders. These problems often contribute to others later in
the process, such as a lack of transparency in the form of  a  shortened
conference  committee  process or inadequate consideration of the budget
before the vote on it.  Also, when actual revenues fall short  of  these
estimates,  the  Legislature  often  finds  itself  reconvening  to fill
multi-billion-dollar budget holes.

A June 1 fiscal year is a superior option for New York. It would  afford
legislators  six weeks to make use of the most recent quarterly personal
income tax data, which is due on April 15, To ensure this vital tax data
that is incorporated into the  budget  negotiation  process,  this  bill

would  require  Executive and Legislative fiscal leaders to reconvene on
or after April 15 and by May 1 issue a revised version of the  consensus
forecast  of  the economy and estimates of receipts they agreed upon two
months earlier.

Further,  to  ensure  school districts know how much state aid they will
receive in the ensuing fiscal  year,  the  third-Tuesday-in-May  uniform
school  budget  voting  day would be pushed past the start of the fiscal
year on June 1. This  bill  proposes  a  fourth-Tuesday-of-June  uniform
school  budget  voting  day. This later uniform voting day would provide
district trustees with ample time to prepare budgets with accurate state
aid figures and eliminate much of the guesswork they are often forced to
perform under an April 1 budget cycle.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect on January 1, 2011.

2009-A662B - Bill Text download pdf

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

                                 662--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Ways  and  Means  -- recommitted to the Committee on Ways and
  Means in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the state finance law, in relation to changing the state
  fiscal year from the first of April to the first of June and requiring
  revisions of the consensus  forecast  of  the  economy,  estimates  of
  receipts  for  the  current  and the ensuing state fiscal year and the
  joint report of the director of the budget and the  secretary  of  the
  senate  finance  committee  and the secretary of the assembly ways and
  means committee, and directing the state comptroller to provide  esti-
  mates for receipts for the  current and ensuing state fiscal year; and
  to  amend  the  education law, in relation to the timing and notice of
  annual elections in school districts and the submission of a  property
  tax report card

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

  Section 1. Section 3 of the state finance law, as added by  chapter  1
of the laws of 1943 and as separately renumbered by chapters 405 and 957
of the laws of 1981, is amended to read as follows:
  S  3.  Fiscal  year.  1.  The  current  fiscal year of the state which
commenced with the first  day  of  [July,  nineteen  hundred  forty-two]
APRIL,  TWO  THOUSAND  TEN,  is hereby [abridged] EXTENDED and shall end
with the thirty-first day of [March, nineteen hundred forty-three]  MAY,
TWO  THOUSAND ELEVEN.  For all purposes of determining annual increments
of state employees pursuant to the education law, the civil service  law
or  other state law, and for all purposes whenever by law some act is to
be performed or time is to be measured by the fiscal year of the  state,

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

                                                           LBD00819-07-0

A. 662--B                           2

the  current  fiscal year, as so [abridged] EXTENDED, shall be deemed to
be  a  full  year  unless  the  context  clearly  requires  a   contrary
construction.
  On  and  after  the first day of [April, nineteen hundred forty-three]
JUNE, TWO THOUSAND ELEVEN, the fiscal year of the state, for the purpose
of budget, appropriations, receipts and disbursements  of  state  moneys
and  all  other  state affairs which are regulated in accordance with or
based on fiscal years, including the fiscal affairs of all state depart-
ments, commissions, boards, agencies, offices  and  institutions,  shall
begin with the first day of [April] JUNE and end with the next following
thirty-first day of [March] MAY.
  2.  All  books  and accounts in the offices of the comptroller and the
department of taxation and finance shall be kept by  fiscal  years.  All
annual  accounts  required  to be rendered to the comptroller or to such
department by any person shall be closed  on  the  thirty-first  day  of
[March]  MAY in each year, and be rendered as soon thereafter as practi-
cable, if no time is specially prescribed by law.
  3. Where any statute provides, in terms or effect, that any  inventory
or  account,  or  a  report relating in whole or in part to receipts and
disbursements of money, be made to the legislature or any state  officer
annually,  or for a year, by a department, commission, board, or officer
under the state government, such inventory or account, and  such  report
so  far  as  it relates to such receipts and disbursements, shall be for
the preceding  fiscal  year,  unless  the  calendar  year  be  expressly
mentioned.
  4.  Existing  provisions  of  other  laws describing or referring to a
fiscal year of the state as beginning  [July]  APRIL  first  and  ending
[June  thirtieth]  MARCH  THIRTY-FIRST,  or  making any requirement with
respect to such fiscal year, or referring to any year so  beginning  and
ending  which applies to inventories or accounts in state matters, or to
reports relating to state money or property, shall be deemed modified by
and be construed in connection with this section, and be deemed to refer
to a fiscal or to another year or period beginning and ending as  [here-
in] prescribed IN THIS SECTION for a fiscal year.
  S  2. Subdivision 6 of section 23 of the state finance law, as amended
by chapter 1 of the laws of 2007, is amended to read as follows:
  6. Consensus economic and revenue forecasting conference; report.  (a)
(1) By the end of February in each year, prior to the report required by
paragraph  (b) of this subdivision, the chairperson and ranking minority
member of the senate finance  committee,  the  chairperson  and  ranking
minority  member of the assembly ways and means committee and the direc-
tor of the budget shall jointly convene a consensus economic and revenue
forecasting conference in the  form  of  a  joint  legislative-executive
hearing,  for  the purpose of assisting the governor and the legislature
in reaching the consensus revenue forecast required by paragraph (b)  of
this subdivision. The conveners of the conference shall invite the state
comptroller  and  such other participants to the conference as shall, in
their judgment, provide guidance on the current conditions in, and prob-
able outlook for the performance of, the economy of the state,  as  well
as the effect of such conditions and such performance on state receipts.
  (2)  ON OR AFTER APRIL FIFTEENTH, THE CHAIRPERSON AND RANKING MINORITY
MEMBER OF THE SENATE FINANCE  COMMITTEE,  THE  CHAIRPERSON  AND  RANKING
MINORITY  MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIREC-
TOR OF THE BUDGET SHALL JOINTLY RECONVENE TO REVISE THE CONSENSUS  FORE-
CAST  OF  THE  ECONOMY AND ESTIMATES OF RECEIPTS FOR THE CURRENT AND THE
ENSUING STATE FISCAL YEAR. THE REVISED CONSENSUS FORECAST OF THE ECONOMY

A. 662--B                           3

AND ESTIMATES OF RECEIPTS SHALL INCORPORATE THE MOST CURRENT TAX REVENUE
AND ANY OTHER PERTINENT FISCAL INFORMATION.
  (b)  (1)  On  or  before March first in each year, the director of the
budget and the secretary of the senate finance committee and the  secre-
tary of the assembly ways and means committee shall issue a joint report
containing a consensus forecast of the economy and estimates of receipts
for  the  current  and  the ensuing state fiscal year. Such estimates of
receipts shall include, but not be limited to: expected tax receipts  on
an  all-funds basis, projected lottery receipts, and anticipated miscel-
laneous receipts to be received in the general  fund.  The  estimate  of
receipts  for  the ensuing fiscal year contained in the report, shall be
all receipts from such sources described in this  subdivision  available
to make disbursements authorized by the appropriation bills submitted by
the governor pursuant to section three of article seven of the constitu-
tion for the ensuing fiscal year.
  (2)  ON  OR  BEFORE MAY FIRST IN EACH YEAR, THE DIRECTOR OF THE BUDGET
AND THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND THE  SECRETARY  OF
THE  ASSEMBLY  WAYS AND MEANS COMMITTEE SHALL ISSUE A REVISED VERSION OF
THE JOINT REPORT THAT WAS INITIALLY DUE BY MARCH FIRST AND THAT CONTAINS
A CONSENSUS FORECAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS.
  (c) (1) On a failure of the director of the budget, the  secretary  of
the  senate finance committee and the secretary of the assembly ways and
means committee to issue a joint report containing a consensus  forecast
as  provided in paragraph (b) of this subdivision, the state comptroller
shall, on or before March fifth, provide estimates of receipts  for  the
current and the ensuing state fiscal year. Such estimates shall include,
but  not  be  limited  to,  expected tax receipts on an all-funds basis,
projected lottery receipts, and miscellaneous receipts to be received in
the general fund. In rendering his or her estimate, as required in  this
paragraph,  the comptroller shall give due consideration to the inherent
risks in economic and revenue forecasting and the interest of the  state
to  maintain  budget balance throughout the fiscal year. The estimate of
receipts for the ensuing fiscal year provided by the state  comptroller,
shall  be all receipts from such sources available to make disbursements
authorized by the appropriation bills submitted by the governor pursuant
to section three of article seven of the constitution  for  the  ensuing
fiscal year.
  (2)  ON  A  FAILURE OF THE DIRECTOR OF THE BUDGET AND THE SECRETARY OF
THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS  AND
MEANS COMMITTEE TO ISSUE A JOINT REPORT REVISING THE MARCH FIRST CONSEN-
SUS  FORECAST  THE  STATE  COMPTROLLER  SHALL,  ON  OR BEFORE MAY FIFTH,
PROVIDE ESTIMATES FOR RECEIPTS FOR THE CURRENT AND ENSUING STATE  FISCAL
YEAR.  SUCH ESTIMATES SHALL INCORPORATE THE MOST CURRENT TAX REVENUE AND
ANY OTHER PERTINENT FISCAL INFORMATION.
  S 3. Subdivision 1 of section 2022 of the education law, as amended by
section 8 of part C of chapter 58 of the laws of  1998,  is  amended  to
read as follows:
  1.  Notwithstanding any law, rule or regulation to the contrary, PRIOR
TO TWO THOUSAND ELEVEN, the election of trustees or members of the board
of education, and the vote upon the appropriation of the necessary funds
to meet the estimated expenditures, in any common school district, union
free school district, central school district  or  central  high  school
district  shall  be held at the annual meeting and election on the third
Tuesday in May, provided, however, that such election shall be  held  on
the  second Tuesday in May if the commissioner at the request of a local
school board certifies no later than  March  first  that  such  election

A. 662--B                           4

would  conflict  with religious observances.  COMMENCING IN TWO THOUSAND
ELEVEN, THE ELECTION OF TRUSTEES OR MEMBERS OF THE BOARD  OF  EDUCATION,
AND  THE  VOTE UPON THE APPROPRIATION OF THE NECESSARY FUNDS TO MEET THE
ESTIMATED EXPENDITURES, IN ANY COMMON SCHOOL DISTRICT, UNION FREE SCHOOL
DISTRICT,  CENTRAL SCHOOL DISTRICT OR CENTRAL HIGH SCHOOL DISTRICT SHALL
BE HELD AT THE ANNUAL MEETING AND ELECTION  ON  THE  FOURTH  TUESDAY  IN
JUNE. When such election or vote is taken by recording the ayes and noes
of  the  qualified  voters attending, a majority of the qualified voters
present and voting, by a hand or voice vote, may determine  to  take  up
the question of voting the necessary funds to meet the estimated expend-
itures  for a specific item separately, and the qualified voters present
and voting may increase the amount  of  any  estimated  expenditures  or
reduce the same, except for teachers' salaries, and the ordinary contin-
gent  expenses  of  the  schools. The sole trustee, board of trustees or
board of education of every common, union free, central or central  high
school  district  and  every  city school district to which this article
applies shall hold a budget hearing not less than seven  nor  more  than
fourteen  days  prior  to  the  annual  meeting  and election or special
district meeting at which a school budget vote  will  occur,  and  shall
prepare  and  present  to  the  voters at such budget hearing a proposed
school district budget for the ensuing school year.
  S 4. Subdivision 2 of section 2601-a of the education law, as  amended
by  section 6 of part M of chapter 57 of the laws of 2005, is amended to
read as follows:
  2. The board of education shall conduct all annual and special  school
district  meetings  for the purpose of adopting a school district budget
in the same manner as a union free school district  in  accordance  with
the  provisions  of article forty-one of this title, except as otherwise
provided by this section. [The] PRIOR TO TWO THOUSAND ELEVEN, THE annual
meeting and election of each such city school district shall be held  on
the third Tuesday of May in each year, provided, however that such annu-
al  meeting  and  election shall be held on the second Tuesday in May if
the commissioner at the request of a local  school  board  certifies  no
later  than March first that such election would conflict with religious
observances, and any school budget revote shall be held on the date  and
in  the  same manner specified in subdivision three of section two thou-
sand seven of this title. PRIOR TO TWO THOUSAND ELEVEN, THE ANNUAL MEET-
ING AND ELECTION OF EACH SUCH CITY SCHOOL DISTRICT SHALL BE HELD ON  THE
THIRD  TUESDAY  OF  MAY IN EACH YEAR, PROVIDED, HOWEVER THAT SUCH ANNUAL
MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY  IF  THE
COMMISSIONER  AT  THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO LATER
THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS OBSER-
VANCES, AND ANY SCHOOL BUDGET REVOTE SHALL BE HELD ON THE  DATE  AND  IN
THE  SAME  MANNER SPECIFIED IN SUBDIVISION THREE OF SECTION TWO THOUSAND
SEVEN OF THIS TITLE. The provisions of this article, and where  applica-
ble  subdivisions  nine and nine-a of section twenty-five hundred two of
this title, governing the qualification and registration of voters,  and
procedures  for  the  nomination and election of members of the board of
education shall continue to apply, and shall  govern  the  qualification
and  registration  of  voters  and voting procedures with respect to the
adoption of a school district budget.
  S 5. Subdivision 1 of section 2003 of the education law, as amended by
chapter 64 of the laws of 1993, is amended to read as follows:
  1. The district clerk of each common school district shall give notice
of the availability of the statement of  expenditures  pursuant  to  the
provisions  of  section  sixteen hundred eight of this chapter and shall

A. 662--B                           5

also give notice of the time and place of the annual meeting by publish-
ing a notice [four] TWO  times  within  the  [seven]  THREE  weeks  next
preceding  such  annual  meeting,  the  first publication to be at least
[forty-five]  EIGHTEEN  days  before  said meeting, in two newspapers if
there shall be two, or in one newspaper  if  there  shall  be  but  one,
having  general  circulation  within  such district. But if no newspaper
shall then have general circulation therein, the said  notice  shall  be
posted  in  at  least  twenty of the most public places in said district
forty-five days before the time of such meeting.    THE  CLERK  OF  EACH
COMMON SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE SCHOOL DISTRICT'S
OFFICIAL  WEBSITE  THE  NOTICE  OF  THE AVAILABILITY OF THE STATEMENT OF
EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SIXTEEN HUNDRED EIGHT
OF THIS CHAPTER,  AND  SHALL  ALSO  POST  PREDOMINATELY  ON  THE  SCHOOL
DISTRICT'S  OFFICIAL  WEBSITE  THE  TIME AND PLACE OF THE ANNUAL MEETING
THROUGHOUT THE THREE WEEKS NEXT PRECEDING  SUCH  DISTRICT  MEETING,  THE
FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
  S 6. Subdivision 1 of section 2004 of the education law, as amended by
chapter 68 of the laws of 1994, is amended to read as follows:
  1.   The clerk of each union free school district shall give notice of
the availability of  the  statement  of  expenditures  pursuant  to  the
provisions  of  section  seventeen  hundred  sixteen of this chapter and
shall also give notice of the time and place of the annual  meeting  and
the notice required by section seventeen hundred sixteen of this chapter
by  publishing  a notice [four] TWO times within the [seven] THREE weeks
next preceding such district meeting, the first  publication  to  be  at
least  [forty-five] EIGHTEEN days before said meeting, in two newspapers
if there shall be two, or in one newspaper if there shall  be  but  one,
having  general  circulation  within  such district. But if no newspaper
shall then have general circulation therein, the said  notice  shall  be
posted  in  at  least  twenty of the most public places in said district
forty-five days before the time of such meeting.    THE  CLERK  OF  EACH
UNION  FREE  SCHOOL  DISTRICT  SHALL  POST  PREDOMINATELY  ON THE SCHOOL
DISTRICT'S OFFICIAL WEBSITE THE NOTICE OF THE AVAILABILITY OF THE STATE-
MENT OF EXPENDITURES PURSUANT TO THE  PROVISIONS  OF  SECTION  SEVENTEEN
HUNDRED SIXTEEN OF THIS CHAPTER AND SHALL ALSO POST PREDOMINATELY ON THE
SCHOOL  DISTRICT'S  OFFICIAL  WEBSITE  THE  TIME AND PLACE OF THE ANNUAL
MEETING THROUGHOUT THE THREE WEEKS NEXT PRECEDING SUCH DISTRICT MEETING,
THE FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
  S 7. Paragraph b of subdivision 7 of section  1608  of  the  education
law,  as  amended  by  section  4 of part H of chapter 83 of the laws of
2002, is amended to read as follows:
  b. A copy of the property tax report  card  prepared  for  the  annual
district  meeting  shall  be  submitted  to the department in the manner
prescribed by the department by the end of the business day next follow-
ing approval of the report card by the trustee or board of trustees, but
no later than [twenty-four] EIGHTEEN days prior to the statewide uniform
voting day. The department  shall  compile  such  data  for  all  school
districts  whose  budgets  are subject to a vote of the qualified voters
and shall make such compilation available electronically  at  least  ten
days prior to the statewide uniform voting day.
  S 8. This act shall take effect January 1, 2011.

2009-A662C (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §§3 & 23, St Fin L; amd §§2022, 2601-a, 2003, 2004, 1608, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5918
2013-2014: A2748
2015-2016: A5695
2017-2018: A8556

2009-A662C (ACTIVE) - Summary

Changes the state fiscal year from April first to June first with such fiscal year ending the next following thirty-first day of May; changes time frames for school district elections and notice of elections and submission of a property tax report card.

2009-A662C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A662C

TITLE  OF  BILL:   An act to amend the state finance law, in relation to
changing the state fiscal year from the first of April to the  first  of
June  and  requiring revisions of the consensus forecast of the economy,
estimates of receipts for the current and the ensuing state fiscal  year
and  the joint report of the director of the budget and the secretary of
the senate finance committee and the secretary of the assembly ways  and
means  committee,  and  directing the state comptroller to provide esti-
mates for receipts for the  current and ensuing state fiscal  year;  and
to  amend  the  education  law,  in relation to the timing and notice of
annual elections in school districts and the submission  of  a  property
tax  report  card  and  the  calculation  of the fiscal year for certain
school districts

PURPOSE:  This legislation proposes to change the  start  of  the  state
fiscal  year  from April 1 to June 1 to ensure vital personal income tax
data due April 15 is fully assessed in the revenue forecasting and budg-
et negotiations processes.  Executive  and  legislative  fiscal  leaders
would be required to reconvene on or after April 15 and establish by May
1  a  consensus  forecast of the economy and estimates of receipts.  The
May 1 joint report would revise the initial consensus  forecast  of  the
economy and estimates of receipts due by March 1.  PURPOSE:  Further, to
accommodate school district trustees who need to know how much state aid
they  will receive in the ensuing fiscal year, the uniform school budget
voting day would be moved from the third Tuesday of May  to  the  fourth

Tuesday  of June. To make accommodations for budget revotes, the uniform
rcvoting day shall be moved to the fourth Tuesday of July from the third
Tuesday of June. Also, school districts' fiscal year state date shall be
shifted to August 1 from July 1. Reporting  deadlines  and  requirements
for  school  budget  notice advertisements and property tax report cards
would be advanced to assist districts in adjusting to  this  new  school
budget voting cycle.

SUMMARY  OF  PROVISIONS:   Section 1 of the bill amends section 3 of the
state finance law to change the start of the state fiscal year  to  June
1.

Section  2  of  the bill amends subdivision 6 of section 23 of the state
finance law to require the senate finance committee, assembly  ways  and
means  committee,  and division of budget to reconvene on or after April
15 to revise the consensus forecast of  the  economy  and  estimates  of
receipts  for the current and ensuing fiscal years. By May 1, the senate
finance committee, assembly ways and means committee,  and  division  of
budget  shall issue a revised version of the joint executive-legislative
consensus report that was initially due March 1. In cases when a revised
joint executive-legislative consensus report is not issued by May 1, the
comptroller, on or before May 5, shall provide  estimates  for  receipts
for the current and ensuing state fiscal years.

Section 3 of the bill amends subdivision 1 of section 2022 of the educa-
tion  law  to  change the uniform school budget voting day to the fourth
Tuesday of June, rather than in May as provided currently.

Section  4  of  the  bill  amends subdivision 2 of section 2601-a of the
education law to eliminate in 2011 and thereafter the second Tuesday  of
May as the alternative uniform school budget voting day.

Section 5 of the bill amends subdivision 1 of section 2003 of the educa-
tion  law  to  require each common school district to advertise in local
newspapers notices about school budget votes  two  times  in  the  three
weeks  preceding  the annual meeting and election, with the first adver-
tisement appearing eighteen days prior to the vote. Each district  shall
also predominately post on its official school web site this budget vote
information  throughout  the three weeks next preceding the annual meet-
ing, with the first publication appearing eighteen days before the meet-
ing.

Section 6 of the bill amends subdivision 1 of section 2004 of the educa-
tion law to require each union free school district to advertise notices
in local newspapers about school budget votes two  times  in  the  three
weeks  preceding  the vote, with the first advertisement appearing eigh-
teen days prior to the vote. Each district shall also predominately post
on its official school web site this budget vote information  throughout
the three weeks next preceding the annual meeting, with the first publi-
cation appearing eighteen days before the meeting.

Section  7  of  the  bill amends paragraph b of subdivision 7 of section
1608 of the education law to require school districts  to  submit  their
property  tax  report cards to the department of education no later than
the eighteen days prior to the statewide uniform voting day.

Section 8 of the bill amends section 2515 of the education  law  to  set
the  fiscal  year  in  city  school  districts  of cities with less than
125,000 inhabitants to begin August 1st and end July 31st,  rather  than
beginning July 1st and ending June 30th as provided currently.

Section 9 of the bill amends subdivision 3 of section 2006 of the educa-
tion  law  to  set  the uniform school budget revoting day as the fourth
Tuesday of July and an alternative day as the third Tuesday of July  for
common school districts.

Section  10  of  the bill amends paragraph b of subdivision 3 of section
2007 of the education law to set the uniform school budget revoting  day
as  the fourth Tuesday of July and an alternative day as the third Tues-
day of July for union free school districts.

Section 11 of the bill sets forth the effective date.

JUSTIFICATION:  Much has changed since the Legislature last changed  the
start  of  New  York State's fiscal year, When lawmakers in 1943 shifted
New York to an April 1 fiscal year, the State suffered from budgets that

were passed too early; the State typically ended its fiscal year on June
30 with huge surpluses that irked taxpayers; and the  Legislature  often
passed the Executive Budget with little to no changes. While the ration-
ale  for  changing  the fiscal year in 1943 had its merits, they are not
applicable to modern times.

A host of deficiencies in the budget process stem from the April 1 start
date. These problems range from poor revenue forecasting to difficulties
in establishing a Thin revenue consensus between Executive and  Legisla-
tive  fiscal leaders, These problems often contribute to others later in
the process, such as a lack of transparency in the form of  a  shortened
conference  committee  process or inadequate consideration of the budget
before the vote on it.  Also, when actual revenues fall short  of  these
estimates,  the  Legislature  often  finds  itself  reconvening  to fill
multi-billion-dollar budget holes.

A June 1 fiscal year is a superior option for New York. ft would  afford
legislators  six weeks to make use of the most recent quarterly personal
income tax data, which is due on April 15. To ensure this vital tax data
that is incorporated into the  budget  negotiation  process,  this  bill
would  require  Executive and Legislative fiscal leaders to reconvene on
or after April 15 and by May 1 issue a revised version of the  consensus
forecast  of  the economy and estimates of receipts they agreed upon two
months earlier.

Further, to ensure school districts know how much state  aid  they  will
receive  in  the  ensuing  fiscal year, the third-Tuesday-in-May uniform
school budget voting day would be pushed past the start  of  the  fiscal
year  on  June  1.  This  bill proposes a fourth-Tuesday-of-June uniform
school budget voting day. This later uniform voting  day  would  provide
district trustees with ample time to prepare budgets with accurate state
aid figures and eliminate much of the guesswork they are often forced to
perform  under  an  April 1 budget cycle. To address conflicts caused by
the fiscal year state date shall be moved to August 1  and  the  uniform
revoting  day  shall  be  shifted to the fourth Tuesday of July from the
third Tuesday of June.

FISCAL IMPACT ON THE STATE: Minimal.

EFFECTIVE DATE: This act shall take effect on January 1, 2011.

2009-A662C (ACTIVE) - Bill Text download pdf

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

                                 662--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Ways  and  Means  -- recommitted to the Committee on Ways and
  Means in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  again  reported  from  said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the state finance law, in relation to changing the state
  fiscal year from the first of April to the first of June and requiring
  revisions of the consensus  forecast  of  the  economy,  estimates  of
  receipts  for  the  current  and the ensuing state fiscal year and the
  joint report of the director of the budget and the  secretary  of  the
  senate  finance  committee  and the secretary of the assembly ways and
  means committee, and directing the state comptroller to provide  esti-
  mates for receipts for the  current and ensuing state fiscal year; and
  to  amend  the  education law, in relation to the timing and notice of
  annual elections in school districts and the submission of a  property
  tax  report  card  and  the calculation of the fiscal year for certain
  school districts

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

  Section  1.  Section 3 of the state finance law, as added by chapter 1
of the laws of 1943 and as separately renumbered by chapters 405 and 957
of the laws of 1981, is amended to read as follows:
  S 3. Fiscal year. 1. The  current  fiscal  year  of  the  state  which
commenced  with  the  first  day  of  [July, nineteen hundred forty-two]
APRIL, TWO THOUSAND TEN, is hereby [abridged]  EXTENDED  and  shall  end
with  the thirty-first day of [March, nineteen hundred forty-three] MAY,
TWO THOUSAND ELEVEN.  For all purposes of determining annual  increments

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

                                                           LBD00819-09-0

A. 662--C                           2

of  state employees pursuant to the education law, the civil service law
or other state law, and for all purposes whenever by law some act is  to
be  performed or time is to be measured by the fiscal year of the state,
the  current  fiscal year, as so [abridged] EXTENDED, shall be deemed to
be  a  full  year  unless  the  context  clearly  requires  a   contrary
construction.
  On  and  after  the first day of [April, nineteen hundred forty-three]
JUNE, TWO THOUSAND ELEVEN, the fiscal year of the state, for the purpose
of budget, appropriations, receipts and disbursements  of  state  moneys
and  all  other  state affairs which are regulated in accordance with or
based on fiscal years, including the fiscal affairs of all state depart-
ments, commissions, boards, agencies, offices  and  institutions,  shall
begin with the first day of [April] JUNE and end with the next following
thirty-first day of [March] MAY.
  2.  All  books  and accounts in the offices of the comptroller and the
department of taxation and finance shall be kept by  fiscal  years.  All
annual  accounts  required  to be rendered to the comptroller or to such
department by any person shall be closed  on  the  thirty-first  day  of
[March]  MAY in each year, and be rendered as soon thereafter as practi-
cable, if no time is specially prescribed by law.
  3. Where any statute provides, in terms or effect, that any  inventory
or  account,  or  a  report relating in whole or in part to receipts and
disbursements of money, be made to the legislature or any state  officer
annually,  or for a year, by a department, commission, board, or officer
under the state government, such inventory or account, and  such  report
so  far  as  it relates to such receipts and disbursements, shall be for
the preceding  fiscal  year,  unless  the  calendar  year  be  expressly
mentioned.
  4.  Existing  provisions  of  other  laws describing or referring to a
fiscal year of the state as beginning  [July]  APRIL  first  and  ending
[June  thirtieth]  MARCH  THIRTY-FIRST,  or  making any requirement with
respect to such fiscal year, or referring to any year so  beginning  and
ending  which applies to inventories or accounts in state matters, or to
reports relating to state money or property, shall be deemed modified by
and be construed in connection with this section, and be deemed to refer
to a fiscal or to another year or period beginning and ending as  [here-
in] prescribed IN THIS SECTION for a fiscal year.
  S  2. Subdivision 6 of section 23 of the state finance law, as amended
by chapter 1 of the laws of 2007, is amended to read as follows:
  6. Consensus economic and revenue forecasting conference; report.  (a)
(1) By the end of February in each year, prior to the report required by
paragraph  (b) of this subdivision, the chairperson and ranking minority
member of the senate finance  committee,  the  chairperson  and  ranking
minority  member of the assembly ways and means committee and the direc-
tor of the budget shall jointly convene a consensus economic and revenue
forecasting conference in the  form  of  a  joint  legislative-executive
hearing,  for  the purpose of assisting the governor and the legislature
in reaching the consensus revenue forecast required by paragraph (b)  of
this subdivision. The conveners of the conference shall invite the state
comptroller  and  such other participants to the conference as shall, in
their judgment, provide guidance on the current conditions in, and prob-
able outlook for the performance of, the economy of the state,  as  well
as the effect of such conditions and such performance on state receipts.
  (2)  ON OR AFTER APRIL FIFTEENTH, THE CHAIRPERSON AND RANKING MINORITY
MEMBER OF THE SENATE FINANCE  COMMITTEE,  THE  CHAIRPERSON  AND  RANKING
MINORITY  MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIREC-

A. 662--C                           3

TOR OF THE BUDGET SHALL JOINTLY RECONVENE TO REVISE THE CONSENSUS  FORE-
CAST  OF  THE  ECONOMY AND ESTIMATES OF RECEIPTS FOR THE CURRENT AND THE
ENSUING STATE FISCAL YEAR. THE REVISED CONSENSUS FORECAST OF THE ECONOMY
AND ESTIMATES OF RECEIPTS SHALL INCORPORATE THE MOST CURRENT TAX REVENUE
AND ANY OTHER PERTINENT FISCAL INFORMATION.
  (b)  (1)  On  or  before March first in each year, the director of the
budget and the secretary of the senate finance committee and the  secre-
tary of the assembly ways and means committee shall issue a joint report
containing a consensus forecast of the economy and estimates of receipts
for  the  current  and  the ensuing state fiscal year. Such estimates of
receipts shall include, but not be limited to: expected tax receipts  on
an  all-funds basis, projected lottery receipts, and anticipated miscel-
laneous receipts to be received in the general  fund.  The  estimate  of
receipts  for  the ensuing fiscal year contained in the report, shall be
all receipts from such sources described in this  subdivision  available
to make disbursements authorized by the appropriation bills submitted by
the governor pursuant to section three of article seven of the constitu-
tion for the ensuing fiscal year.
  (2)  ON  OR  BEFORE MAY FIRST IN EACH YEAR, THE DIRECTOR OF THE BUDGET
AND THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND THE  SECRETARY  OF
THE  ASSEMBLY  WAYS AND MEANS COMMITTEE SHALL ISSUE A REVISED VERSION OF
THE JOINT REPORT THAT WAS INITIALLY DUE BY MARCH FIRST AND THAT CONTAINS
A CONSENSUS FORECAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS.
  (c) (1) On a failure of the director of the budget, the  secretary  of
the  senate finance committee and the secretary of the assembly ways and
means committee to issue a joint report containing a consensus  forecast
as  provided in paragraph (b) of this subdivision, the state comptroller
shall, on or before March fifth, provide estimates of receipts  for  the
current and the ensuing state fiscal year. Such estimates shall include,
but  not  be  limited  to,  expected tax receipts on an all-funds basis,
projected lottery receipts, and miscellaneous receipts to be received in
the general fund. In rendering his or her estimate, as required in  this
paragraph,  the comptroller shall give due consideration to the inherent
risks in economic and revenue forecasting and the interest of the  state
to  maintain  budget balance throughout the fiscal year. The estimate of
receipts for the ensuing fiscal year provided by the state  comptroller,
shall  be all receipts from such sources available to make disbursements
authorized by the appropriation bills submitted by the governor pursuant
to section three of article seven of the constitution  for  the  ensuing
fiscal year.
  (2)  ON  A  FAILURE OF THE DIRECTOR OF THE BUDGET AND THE SECRETARY OF
THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS  AND
MEANS COMMITTEE TO ISSUE A JOINT REPORT REVISING THE MARCH FIRST CONSEN-
SUS  FORECAST  THE  STATE  COMPTROLLER  SHALL,  ON  OR BEFORE MAY FIFTH,
PROVIDE ESTIMATES FOR RECEIPTS FOR THE CURRENT AND ENSUING STATE  FISCAL
YEAR.  SUCH ESTIMATES SHALL INCORPORATE THE MOST CURRENT TAX REVENUE AND
ANY OTHER PERTINENT FISCAL INFORMATION.
  S 3. Subdivision 1 of section 2022 of the education law, as amended by
section 8 of part C of chapter 58 of the laws of  1998,  is  amended  to
read as follows:
  1.  Notwithstanding any law, rule or regulation to the contrary, PRIOR
TO TWO THOUSAND ELEVEN, the election of trustees or members of the board
of education, and the vote upon the appropriation of the necessary funds
to meet the estimated expenditures, in any common school district, union
free school district, central school district  or  central  high  school
district  shall  be held at the annual meeting and election on the third

A. 662--C                           4

Tuesday in May, provided, however, that such election shall be  held  on
the  second Tuesday in May if the commissioner at the request of a local
school board certifies no later than  March  first  that  such  election
would  conflict  with religious observances.  COMMENCING IN TWO THOUSAND
ELEVEN, THE ELECTION OF TRUSTEES OR MEMBERS OF THE BOARD  OF  EDUCATION,
AND  THE  VOTE UPON THE APPROPRIATION OF THE NECESSARY FUNDS TO MEET THE
ESTIMATED EXPENDITURES, IN ANY COMMON SCHOOL DISTRICT, UNION FREE SCHOOL
DISTRICT, CENTRAL SCHOOL DISTRICT OR CENTRAL HIGH SCHOOL DISTRICT  SHALL
BE  HELD  AT  THE  ANNUAL  MEETING AND ELECTION ON THE FOURTH TUESDAY IN
JUNE. When such election or vote is taken by recording the ayes and noes
of the qualified voters attending, a majority of  the  qualified  voters
present  and  voting,  by a hand or voice vote, may determine to take up
the question of voting the necessary funds to meet the estimated expend-
itures for a specific item separately, and the qualified voters  present
and  voting  may  increase  the  amount of any estimated expenditures or
reduce the same, except for teachers' salaries, and the ordinary contin-
gent expenses of the schools. The sole trustee,  board  of  trustees  or
board  of education of every common, union free, central or central high
school district and every city school district  to  which  this  article
applies  shall  hold  a budget hearing not less than seven nor more than
fourteen days prior to  the  annual  meeting  and  election  or  special
district  meeting  at  which  a school budget vote will occur, and shall
prepare and present to the voters at  such  budget  hearing  a  proposed
school district budget for the ensuing school year.
  S  4. Subdivision 2 of section 2601-a of the education law, as amended
by section 6 of part M of chapter 57 of the laws of 2005, is amended  to
read as follows:
  2.  The board of education shall conduct all annual and special school
district meetings for the purpose of adopting a school  district  budget
in  the  same  manner as a union free school district in accordance with
the provisions of article forty-one of this title, except  as  otherwise
provided by this section. [The] PRIOR TO TWO THOUSAND ELEVEN, THE annual
meeting  and election of each such city school district shall be held on
the third Tuesday of May in each year, provided, however that such annu-
al meeting and election shall be held on the second Tuesday  in  May  if
the  commissioner  at  the  request of a local school board certifies no
later than March first that such election would conflict with  religious
observances,  and any school budget revote shall be held on the date and
in the same manner specified in subdivision three of section  two  thou-
sand seven of this title. PRIOR TO TWO THOUSAND ELEVEN, THE ANNUAL MEET-
ING  AND ELECTION OF EACH SUCH CITY SCHOOL DISTRICT SHALL BE HELD ON THE
THIRD TUESDAY OF MAY IN EACH YEAR, PROVIDED, HOWEVER  THAT  SUCH  ANNUAL
MEETING  AND  ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY IF THE
COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES  NO  LATER
THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS OBSER-
VANCES,  AND  ANY  SCHOOL BUDGET REVOTE SHALL BE HELD ON THE DATE AND IN
THE SAME MANNER SPECIFIED IN SUBDIVISION THREE OF SECTION  TWO  THOUSAND
SEVEN  OF THIS TITLE. The provisions of this article, and where applica-
ble subdivisions nine and nine-a of section twenty-five hundred  two  of
this  title, governing the qualification and registration of voters, and
procedures for the nomination and election of members of  the  board  of
education  shall  continue  to apply, and shall govern the qualification
and registration of voters and voting procedures  with  respect  to  the
adoption of a school district budget.
  S 5. Subdivision 1 of section 2003 of the education law, as amended by
chapter 64 of the laws of 1993, is amended to read as follows:

A. 662--C                           5

  1. The district clerk of each common school district shall give notice
of  the  availability  of  the statement of expenditures pursuant to the
provisions of section sixteen hundred eight of this  chapter  and  shall
also give notice of the time and place of the annual meeting by publish-
ing  a  notice  [four]  TWO  times  within  the [seven] THREE weeks next
preceding such annual meeting, the first  publication  to  be  at  least
[forty-five]  EIGHTEEN  days  before  said meeting, in two newspapers if
there shall be two, or in one newspaper  if  there  shall  be  but  one,
having  general  circulation  within  such district. But if no newspaper
shall then have general circulation therein, the said  notice  shall  be
posted  in  at  least  twenty of the most public places in said district
forty-five days before the time of such meeting.    THE  CLERK  OF  EACH
COMMON SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE SCHOOL DISTRICT'S
OFFICIAL  WEBSITE  THE  NOTICE  OF  THE AVAILABILITY OF THE STATEMENT OF
EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SIXTEEN HUNDRED EIGHT
OF THIS CHAPTER,  AND  SHALL  ALSO  POST  PREDOMINATELY  ON  THE  SCHOOL
DISTRICT'S  OFFICIAL  WEBSITE  THE  TIME AND PLACE OF THE ANNUAL MEETING
THROUGHOUT THE THREE WEEKS NEXT PRECEDING  SUCH  DISTRICT  MEETING,  THE
FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
  S 6. Subdivision 1 of section 2004 of the education law, as amended by
chapter 68 of the laws of 1994, is amended to read as follows:
  1.   The clerk of each union free school district shall give notice of
the availability of  the  statement  of  expenditures  pursuant  to  the
provisions  of  section  seventeen  hundred  sixteen of this chapter and
shall also give notice of the time and place of the annual  meeting  and
the notice required by section seventeen hundred sixteen of this chapter
by  publishing  a notice [four] TWO times within the [seven] THREE weeks
next preceding such district meeting, the first  publication  to  be  at
least  [forty-five] EIGHTEEN days before said meeting, in two newspapers
if there shall be two, or in one newspaper if there shall  be  but  one,
having  general  circulation  within  such district. But if no newspaper
shall then have general circulation therein, the said  notice  shall  be
posted  in  at  least  twenty of the most public places in said district
forty-five days before the time of such meeting.    THE  CLERK  OF  EACH
UNION  FREE  SCHOOL  DISTRICT  SHALL  POST  PREDOMINATELY  ON THE SCHOOL
DISTRICT'S OFFICIAL WEBSITE THE NOTICE OF THE AVAILABILITY OF THE STATE-
MENT OF EXPENDITURES PURSUANT TO THE  PROVISIONS  OF  SECTION  SEVENTEEN
HUNDRED SIXTEEN OF THIS CHAPTER AND SHALL ALSO POST PREDOMINATELY ON THE
SCHOOL  DISTRICT'S  OFFICIAL  WEBSITE  THE  TIME AND PLACE OF THE ANNUAL
MEETING THROUGHOUT THE THREE WEEKS NEXT PRECEDING SUCH DISTRICT MEETING,
THE FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
  S 7. Paragraph b of subdivision 7 of section  1608  of  the  education
law,  as  amended  by  section  4 of part H of chapter 83 of the laws of
2002, is amended to read as follows:
  b. A copy of the property tax report  card  prepared  for  the  annual
district  meeting  shall  be  submitted  to the department in the manner
prescribed by the department by the end of the business day next follow-
ing approval of the report card by the trustee or board of trustees, but
no later than [twenty-four] EIGHTEEN days prior to the statewide uniform
voting day. The department  shall  compile  such  data  for  all  school
districts  whose  budgets  are subject to a vote of the qualified voters
and shall make such compilation available electronically  at  least  ten
days prior to the statewide uniform voting day.
  S 8. Section 2515 of the education law, as added by chapter 171 of the
laws of 1996, is amended to read as follows:

A. 662--C                           6

  S  2515.  Fiscal  year.  The fiscal year for  city school districts of
cities with less than one hundred twenty-five thousand inhabitants shall
be the period commencing with [July] AUGUST first and ending with  [June
thirtieth] JULY THIRTY-FIRST next following.
  S  9.  Subdivision 3 of section 2006 of the education law, as added by
section 4 of part M of chapter 57 of the laws of  2005,  is  amended  to
read as follows:
  3.  Whenever  the  voters shall have defeated the budget of the school
district at the annual meeting and election, the  trustees  may  call  a
special  district  meeting  for a school budget revote to be held on the
[third] FOURTH Tuesday of [June] JULY, provided, however that such budg-
et revote shall be held on the [second] THIRD Tuesday in [June] JULY  if
the  commissioner  at  the  request of a local school board certifies no
later than March first that such  vote  would  conflict  with  religious
observances. The trustees shall give the notices required by subdivision
one  of  section  two  thousand  three  of this part and this section by
publishing such notices once in each week  within  the  two  weeks  next
preceding  such  special  meeting,  the first publication to be at least
fourteen days before such meeting, with any required posting to be four-
teen days before the time of such meeting.
  S 10. Paragraph b of subdivision 3 of section 2007  of  the  education
law,  as  amended  by  section  5 of part M of chapter 57 of the laws of
2005, is amended to read as follows:
  b. A school budget revote called  pursuant  to  paragraph  a  of  this
subdivision  shall be held on the [third] FOURTH Tuesday of [June] JULY,
provided, however that such budget revote shall be held on the  [second]
THIRD  Tuesday  in  [June]  JULY if the commissioner at the request of a
local school board certifies no later than March first  that  such  vote
would conflict with religious observances.
  S 11. This act shall take effect January 1, 2011.

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