S T A T E O F N E W Y O R K
________________________________________________________________________
9058
2009-2010 Regular Sessions
I N A S S E M B L Y
June 23, 2009
___________
Introduced by M. of A. TEDISCO, AMEDORE -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to enacting the "school
budget vote fairness act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "school budget vote fairness act".
S 2. Paragraph a of subdivision 4 of section 2023 of the education
law, as added by section 24 of part A of chapter 436 of the laws of
1997, is amended and a new paragraph b-2 is added to read as follows:
a. The contingency budget shall not result in: (I) a percentage
increase in total spending over the district's total spending under the
school district budget for the prior school year that exceeds the lesser
of: [(i)] (A) the result obtained when one hundred twenty percent is
multiplied by the percentage increase in the consumer price index, with
the result rounded to two decimal places; or [(ii)] (B) four percent; OR
(II) TOTAL SPENDING GREATER THAN AN AMOUNT EQUAL TO ONE PERCENT LESS
THAN THE TOTAL SPENDING SET FORTH IN THE SECOND BUDGET PREPARED BY THE
SCHOOL DISTRICT AND REJECTED BY THE VOTERS OF SUCH SCHOOL DISTRICT.
B-2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IN
DETERMINING THE TOTAL SPENDING FROM EXPENDITURES THAT WILL BE INCLUDED
IN A CONTINGENCY BUDGET, ESTIMATES, INCLUDING BUT NOT LIMITED TO, ESTI-
MATES WITH REGARD TO INCREASES OR CHANGES IN SCHOOL DISTRICT ENROLLMENT
OR DEMOGRAPHICS, USED TO DETERMINE ITEMS ELIGIBLE FOR EXCLUSION PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, SHALL NOT BE CHANGED, INCREASED OR
MODIFIED IN ANY WAY FROM ESTIMATES USED FOR SUCH EXCLUSION ITEMS IN
DETERMINING THE SCHOOL DISTRICT BUDGET ORIGINALLY PREPARED BY SUCH
SCHOOL DISTRICT AND REJECTED BY THE VOTERS OF SUCH SCHOOL DISTRICT.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14432-03-9