NY State Senate Bill 2011-S570

Senate Bill S570

2011-2012 Legislative Session

Limits a school district contingency budget to the lowest proposed defeated budget for the applicable school year

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to education
Jan 05, 2011	referred to education

2011-S570 (ACTIVE) - Details

See Assembly Version of this Bill:: A5529
Law Section:: Education Law
Laws Affected:: Amd §2023, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6144, A9195
2013-2014: A5793
2015-2016: A2216
2017-2018: A5567
2019-2020: A4526

2011-S570 (ACTIVE) - Summary

Limits a school district contingency budget to the lowest proposed defeated budget for the applicable school year.

2011-S570 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S570

TITLE OF BILL:
An act
to amend the education law, in relation to limiting the contingency
budget of a school district

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prevent school districts from proposing a
contingency budget that is greater than the lowest proposed budget
defeated by the voters of that district.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends subdivision 4 of section 2023 of the Education
Law, adding a new criterion for school districts to follow when
proposing a contingency budget.

JUSTIFICATION:
Every year, school districts across the state (with the exception of
large city and special act school districts) put forth budgets for
voter approval for the following school year. Should a proposed
budget be rejected by voters, the school district may put forth a
second budget for voter approval or adopt a contingency budget not
subject to voter approval. A district whose second proposed budget is
rejected also revert to a contingency budget.

Section 2023 of the Education Law requires that contingency budgets
conform to certain limitations. Among those limitations are that any
spending increase under a contingency budget not exceed the lesser of
4% or the Consumer Price Index x 120 percent. Despite these
limitations, it is unclear whether a school district could propose a
contingency budget that is greater than a proposed budget rejected by
the voters. This situation appeared to be developing in the
Schenectady school district during the 2009 school budget voting
process, but was averted after a canvas of the voting machines
revealed a narrow victory on the second school budget vote by the
district's voters.

This bill will prevent situations like the one in Schenectady from
arising again by clarifying that a contingency budget can't be
greater than the lowest school budget proposed by the district and
defeated by the voters.

PRIOR LEGISLATIVE HISTORY:
2010 - S.6144 - Referred to Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of May next succeeding the
date on which it shall have become law.

2011-S570 (ACTIVE) - Bill Text download pdf

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

                                   570

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 limiting  the  contin-
  gency budget of a school district

  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;  OR  (III)  THE
DOLLAR  AMOUNT OF THE LOWEST, PROPOSED, DEFEATED BUDGET FOR THE APPLICA-
BLE SCHOOL YEAR. FOR THE PURPOSES OF THIS PARAGRAPH, THE SAME  TYPES  OF
EXPENDITURES  EXCLUDED  FROM  THE  CALCULATION OF TOTAL SPENDING FOR THE
PROPOSED BUDGET SHALL BE EXCLUDED WHEN CALCULATING THE TOTAL SPENDING IN
THE CONTINGENCY BUDGET.
  S 2. This act shall take effect on the first of  May  next  succeeding
the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04849-01-1

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