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Assembly Bill A4642

2009-2010 Legislative Session

Increases amount of surplus funds which may be retained by a school district as surplus funds from four percent to five percent

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Archive: Last Bill Status - In Assembly Committee

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2009-A4642 (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง1318, RPT L
Versions Introduced in 2011-2012 Legislative Session:
A4399

2009-A4642 (ACTIVE) - Summary

Increases the percentage of operating funds which may be retained by a school district as surplus funds for purposes of calculating the school tax levy from two percent to five percent.

2009-A4642 (ACTIVE) - Bill Text download pdf 

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

                                  4642

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced by M. of A. CROUCH, KOLB, RAIA, ERRIGO, GIGLIO -- Multi-Spon-
  sored  by -- M. of A.  OAKS -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in relation to  retention  of
  surplus funds for purposes of determining the school tax levy

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

  Section 1. Subdivision 1 of section 1318 of the real property tax law,
as amended by chapter 238 of the laws of 2007, is  amended  to  read  as
follows:
  1.  The warrant of the collecting officer shall be signed by the trus-
tee, or the trustees, or a majority of them, or the board  of  education
or a majority thereof. Such warrant shall state the amount of unexpended
surplus  funds  in the custody of the board and shall further state that
except as authorized or required by law, such unexpended  surplus  funds
have  been applied in determining the amount of the school tax levy. For
the two thousand seven--two thousand eight school year, surplus funds as
used in this subdivision shall mean any operating  funds  in  excess  of
three  percent  of the current school year budget, and shall not include
funds properly retained under other sections of law. For the  two  thou-
sand eight--two thousand nine school year, and thereafter, surplus funds
as  used in this subdivision shall mean any operating funds in excess of
[four] FIVE percent of the current school year  budget,  and  shall  not
include  funds  properly  retained  under  other  sections  of law. Such
warrant shall have the same force and effect as a warrant  issued  by  a
board  of  supervisors to a collecting officer in a town. The collecting
officer to whom it may be delivered  for  collection  shall  be  thereby
authorized  and  required  to  collect  from  every person named on such
school tax roll the sum set opposite his name, or the  amount  due  from
any  person  specified  therein,  in  the  same manner and with the same

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07014-01-9

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