senate Bill S45

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Committee

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to education
Jan 07, 2009 referred to education

S45 - Bill Details

Current Committee:
Law Section:
Education Law

S45 - Bill Texts

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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 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.

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.

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.

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

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

None to the State.

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