NY State Senate Bill 2009-S45

Senate Bill S45

2009-2010 Legislative Session

Relates to the adoption of a school district budget upon the voters failing to approve a budget

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
Jan 06, 2010	referred to education
Jan 07, 2009	referred to education

2009-S45 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2022, Ed L

2009-S45 (ACTIVE) - Summary

Provides that in the event that the original proposed school budget is not approved by the voters, the sole trustee, trustees or board of education shall adopt a final budget and such proposed budget or a revised budget may not be resubmitted to the voters upon its defeat.

2009-S45 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S45

 TITLE OF BILL :
An act to amend the education law, in relation to the adoption of a
school district budget upon the voters failing to approve a proposed
school district budget


 PURPOSE :
The purpose of this legislation is to amend the education law to
require the adoption of a school district budget upon the voters
failing to approve a proposed school district budget.

 SUMMARY OF PROVISIONS :
Section one of the bill would amend subdivisions four and five of
section 2022 of the Education Law to require that the sole trustee,
trustees or board of education shall adopt a final budget also called
a contingency (or austerity) budget if the voters fail to approve the
proposed school district budget. Provisions allowing for the
resubmission of the original or a revised budget to the voters would
be removed from the law.

This legislation would not change the manner in which a final budget
is adopted when the proposed budget is not approved by the voters.

Section two is an effective date section.

 EXISTING LAW :
Currently, if a school district's budget proposal to the voters is
defeated the sale trustee, trustees or board of education may adopt a
final budget or resubmit to the voters the original or a revised
budget. Upon the defeat of the resubmitted budget, the sale trustee,
trustees or board of education must adopt a final budget. To prepare
and adopt the final budget, the board has the authority to levy a tax
for the sum necessary for teachers' salaries and other ordinary
contingent expenses.

 JUSTIFICATION :
Every effort must be made to provide the most responsible budget to
the taxpayers of a respective school district. Current law provides
that the budget votes for school districts take place on the same day
in May, thus, increasing awareness of the vote and trying to ensure
that as many voters as possible participate in the voting process.
When voters participate they should be assured that their votes are
definitive and there will not be any "second chances" if the outcome
of the budget vote is not the outcome desired by the board of
education.

 LEGISLATIVE HISTORY :
2005-2006 Education Committee (S.792-A)
2007-2008: Referred to Education (S.1541)

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect on the first of September next succeeding
the date on which it shall have become law.

2009-S45 (ACTIVE) - Bill Text download pdf

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

                                   45

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- 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 the adoption of a
  school district budget upon the voters failing to approve  a  proposed
  school district budget

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

  Section 1. Subdivisions 4 and 5 of section 2022 of the education  law,
subdivision  4  as  amended  by section 7 of part M of chapter 57 of the
laws of 2005 and subdivision 5 as added by section 23 of part A of chap-
ter 436 of the laws of 1997, are amended to read as follows:
  4. In the event that the original proposed budget is not  approved  by
the voters, the sole trustee, trustees or board of education [may] SHALL
adopt  a  final  budget pursuant to subdivision five of this section [or
resubmit to the voters the original or  a  revised  budget  pursuant  to
subdivision  three  of section two thousand seven of this part. Upon one
defeat of such resubmitted budget, the sole trustee, trustees  or  board
of  education shall adopt a final budget pursuant to subdivision five of
this section. Notwithstanding any other provision of law to the  contra-
ry,  the school district budget for any school year, or any part of such
budget or any propositions involving the expenditure of money  for  such
school  year  shall  not be submitted for a vote of the qualified voters
more than twice].
  5. If the  qualified  voters  fail  to  approve  the  proposed  school
district budget [upon resubmission or upon a determination not to resub-
mit for a second vote pursuant to subdivision four of this section], the
sole trustee, trustees or board of education, after applying thereto the
public  school  moneys  and  other moneys received or to be received for
that purpose, shall levy a tax for the sum necessary for teachers' sala-
ries and other ordinary  contingent  expenses  in  accordance  with  the

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

                                                           LBD00927-01-9

S. 45                               2

provisions  of this subdivision and section two thousand twenty-three of
this [article] PART.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

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