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Assembly Bill A4399

2011-2012 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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2011-A4399 (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง1318, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A4642

2011-A4399 (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.

2011-A4399 (ACTIVE) - Bill Text download pdf 

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

                                  4399

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. CROUCH, KOLB, RAIA, GIGLIO, 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
powers that collecting officers in towns are authorized to collect taxes
levied by the board of supervisors.
  S 2. This act shall take effect immediately.

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

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