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.