S T A T E O F N E W Y O R K
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3521--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to capping property tax
increases on schools at the lesser of two percent or the current
consumer price index in contingency budgets
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 4 of section 2023 of the educa-
tion law, as added by section 24 of part A of chapter 436 of the laws of
1997, is amended to read as follows:
a. The contingency budget shall not result in 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) 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) four percent] TAX LEVY OF MORE
THAN TWO PERCENT OR THE CURRENT CONSUMER PRICE INDEX, WHICHEVER IS
LOWER.
S 2. Section 2023 of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. UPON THE APPROVAL OF THE EMPLOYEES OF SUCH AFFECTED SCHOOL
DISTRICT, THE CONTINGENCY BUDGET SHALL NOT RESULT IN A PERCENTAGE
INCREASE IN TOTAL SPENDING FOR LABOR COSTS OVER THE DISTRICT'S TOTAL
SPENDING FOR LABOR COSTS UNDER THE SCHOOL DISTRICT BUDGET FOR THE PRIOR
SCHOOL YEAR.
S 3. Subdivisions 1 and 2 of section 1608 of the education law, subdi-
vision 1 as amended by section 5 of part A of chapter 436 of the laws of
1997 and subdivision 2 as amended by chapter 640 of the laws of 2008,
are amended and a new subdivision 1-a is added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03305-02-1
A. 3521--A 2
1. It shall be the duty of the trustees of each common school district
to present at the annual budget hearing a detailed statement in writing
of the amount of money which will be required for the ensuing year for
school purposes, specifying the several purposes and the amount for
each. The amount for each purpose estimated necessary for payments to
boards of cooperative educational services shall be shown in full, with
no deduction of estimated state aid. The amount of state aid provided
and its percentage relationship to the total expenditures shall also be
shown. AFTER THE TRUSTEES HAVE PRESENTED THE PROPOSED SPENDING PLAN FOR
THE ENSUING SCHOOL YEAR, THE PUBLIC SHALL HAVE AN OPPORTUNITY TO ADDRESS
THE TRUSTEES WITH ANY CONCERNS, QUESTIONS OR SUGGESTIONS REGARDING THE
DETAILS OF SUCH SPENDING PLAN. THE TRUSTEES SHALL TAKE SUCH CONCERNS OR
SUGGESTIONS INTO CONSIDERATION WHEN AMENDING SUCH SPENDING PLAN. This
section shall not be construed to prevent the trustees from presenting
such statement at a budget hearing held not less than seven nor more
than fourteen days prior to a special meeting called for the purpose,
PROVIDED THAT THE GENERAL PUBLIC SHALL BE GIVEN NOTICE IN ADVANCE OF
SUCH SPECIAL MEETING AND SHALL BE GIVEN AN OPPORTUNITY TO ADDRESS THE
TRUSTEES WITH ANY CONCERNS, QUESTIONS OR SUGGESTIONS REGARDING THE
DETAILS OF THE PROPOSED SPENDING PLAN, nor from presenting a supplemen-
tary and amended statement or estimate at any time.
1-A. IT SHALL BE THE DUTY OF THE TRUSTEES TO PREPARE AND MAKE AVAIL-
ABLE COPIES OF ANY AMENDED STATEMENTS OR ESTIMATES OF THE PROPOSED ANNU-
AL BUDGET, UPON REQUEST AND AT THE SCHOOL DISTRICT OFFICES, AT ANY
PUBLIC LIBRARY OR FREE ASSOCIATION LIBRARY WITHIN THE DISTRICT AND ON
THE SCHOOL DISTRICT'S INTERNET WEBSITE, IF ONE EXISTS, TO RESIDENTS
WITHIN THE DISTRICT PRIOR TO THE ELECTION OR SPECIAL DISTRICT MEETING AT
WHICH THE BUDGET VOTE WILL OCCUR.
2. Such statement, AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
shall be completed at least seven days before the budget hearing at
which it is to be presented and copies thereof shall be prepared and
made available, upon request and at the school district offices, at any
public library or free association library within the district and on
the school district's internet website, if one exists, to residents
within the district during the period of fourteen days immediately
preceding the annual meeting and election or special district meeting at
which the budget vote will occur and at such meeting or hearing. The
board shall also as a part of the notice required by section two thou-
sand three of this chapter give notice of the date, time and place of
the budget hearing and that a copy of such statement may be obtained by
any resident in the district at each schoolhouse in the district in
which school is maintained during certain designated hours on each day
other than a Saturday, Sunday or holiday during the fourteen days imme-
diately preceding such meeting. The board shall include notice of the
availability of such statement at least once during the school year in
any district-wide mailing distributed. THE BOARD SHALL INCLUDE NOTICE
OF THE GENERAL PUBLIC'S OPPORTUNITY TO ADDRESS THE TRUSTEES WITH ANY
CONCERNS, QUESTIONS OR SUGGESTIONS CONCERNING THE PROPOSED SPENDING
BUDGET AT THE ANNUAL BUDGET MEETING OR SPECIAL MEETING.
S 4. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. THE COMMISSIONER SHALL ESTABLISH AND IMPLEMENT A PROGRAM THAT
ENCOURAGES SCHOOL DISTRICTS TO ENTER INTO A PROGRAM OF SHARED EDUCA-
TIONAL SERVICES WITH A SCHOOL DISTRICT'S MUNICIPALITY AND/OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES OR COUNTY GOVERNMENT. SUCH PROGRAM
SHALL BENEFIT FROM MATCHING FUNDS FROM PRIVATE SOURCES AS INCENTIVES TO
A. 3521--A 3
THOSE SCHOOL DISTRICTS THAT DEMONSTRATE SUCCESSFUL PARTICIPATION IN A
PROGRAM OF SHARED EDUCATIONAL SERVICES AND POSITIVE FINANCIAL GAIN AS A
RESULT OF SUCH PARTICIPATION. THE COMMISSIONER SHALL BE AUTHORIZED TO
PROMULGATE ANY REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SUBDIVISION.
S 5. This act shall take effect immediately.