Senate Bill S2547A

2011-2012 Legislative Session

Defines non-residents for the purpose of admission to a school district

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Archive: Last Bill Status - In Senate Committee Education Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2012	print number 2547a
Jan 05, 2012	amend and recommit to education
Jan 04, 2012	referred to education
Jan 25, 2011	referred to education

Bill Amendments

co-Sponsors

2011-S2547 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3202, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S6839

2011-S2547 - Summary

Redefines "nonresidents of a school district" to include persons over five and under twenty-one years of age who do not actually reside in the district or reside on real property in the district which is wholly exempt from real property taxes for school district purposes and students who reside on real property which is fifty percent or more exempt from taxation pursuant to the real property tax law and such property is the residence of ten or more students who attend a public school in the district.

2011-S2547 - Sponsor Memo

                                BILL NUMBER:S2547

TITLE OF BILL:
An act
to amend the education law, in relation to defining nonresidents of
a district for purposes of admission

PURPOSE:
To improve the fairness of the public education finance system.

SUMMARY OF PROVISIONS:
Authorizes schools to charge tuition in the event 10 or more children
reside on property which is 50% or more tax exempt pursuant to
Sections 420-A and 420-B of the Real Property Tax Law. Prohibits the
charging of tuition to students who reside on various charitable type
properties.

EXISTING LAW:
Allows for significant abuse in the real property tax system. For
example, while Senior citizens, who are otherwise eligible to obtain
tax exemptions, can be made to pay real property taxes - even for
property they have owned for decades and even with social security as
their only income. On the other hand, multi-million dollar non-profits
can move into a community, purchase dozens, if not hundreds of acres,
engage in commercial enterprises through separately formed
corporations, and still be wholly exempt from property taxes.

These non-profit organizations can send their children to public
schools - often increasing local class sizes, thereby requiring the
hiring of more teachers.

JUSTIFICATION:
This legislation is about bringing equity not only to the real
property tax system, but also to the education finance system. The
current method of school finance pits students against property
taxpayers. In some communities, the problem is exacerbated when large
non-profits move into a community, purchase hundreds of acres, and
send dozens of children to a small school district. This forces
higher property taxes on the taxpaying public and further forces
property taxpayer to choose between the educational needs of their
community and the capacity to pay.

LEGISLATIVE HISTORY:
S.6839  of 2010: Referred to Education
S.1125B of 2003: Referred to Education

FISCAL IMPLICATIONS:
Increased revenue to some school districts which decide to charge
tuition.

EFFECTIVE DATE:
This act shall take effect on September 1, 2012.

2011-S2547 - Bill Text download pdf

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

                                  2547

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 25, 2011
                               ___________

Introduced  by  Sens. BONACIC, LARKIN -- 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 defining  nonresidents
  of a district for purposes of admission

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section  3202  of  the  education  law  is
amended to read as follows:
  2.  A.  Nonresidents  of  a  district,  if otherwise competent, may be
admitted into the school or schools of a  district  or  city,  upon  the
consent of the trustees or the board of education, upon terms prescribed
by such trustees or board, WHICH MAY INCLUDE THE PAYMENT OF TUITION. THE
TERM  "NONRESIDENTS  OF A DISTRICT" SHALL INCLUDE, BUT NOT BE LIMITED TO
PERSONS OVER FIVE AND UNDER TWENTY-ONE YEARS OF AGE WHO ARE  NOT  OTHER-
WISE DESCRIBED IN THIS SECTION, WHO:
  (I) DO NOT ACTUALLY RESIDE IN THE DISTRICT; OR
  (II) RESIDE ON REAL PROPERTY IN THE DISTRICT WHICH IS:
  (1)  FIFTY  PERCENT  OR  MORE EXEMPT FROM TAXATION FOR SCHOOL DISTRICT
PURPOSES PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED TWENTY-A  OR
SECTION FOUR HUNDRED TWENTY-B OF THE REAL PROPERTY TAX LAW; AND
  (2)  THE  RESIDENCE OF TEN OR MORE STUDENTS WHO ATTEND A PUBLIC SCHOOL
IN THE DISTRICT.
  B. PROVIDED, HOWEVER, THAT THE  PROVISIONS  OF  SUBPARAGRAPH  (II)  OF
PARAGRAPH  A  OF  THIS  SUBDIVISION  SHALL  NOT AUTHORIZE THE PAYMENT OF
TUITION IN AN AMOUNT IN EXCESS OF THE PROPERTY  TAXES  THAT  WOULD  HAVE
BEEN  PAID  WERE  THE  PROPERTY FULLY TAXABLE AND IN ANY EVENT SHALL NOT
APPLY TO PROPERTY WHICH:
  (I) WAS CONSTRUCTED AND REMAINS OCCUPIED PURSUANT TO THE PROVISIONS OF
THE PUBLIC HOUSING LAW OR THE PRIVATE HOUSING FINANCE LAW;
  (II) IS OWNED OR OPERATED BY AN AUTHORIZED AGENCY AS DEFINED IN SUBDI-
VISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE  SOCIAL  SERVICES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01492-01-1

S. 2547                             2

LAW  OR PROPERTY DESCRIBED IN SUBDIVISION FIFTEEN, SEVENTEEN OR EIGHTEEN
OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
  (III) IS OWNED BY THE STATE OR ANY MUNICIPALITY THEREOF WHICH PRIMARI-
LY  HOUSES  CHILDREN DESCRIBED IN SUBDIVISION TWO, FOUR-A, FOUR-B, FIVE,
SIX, SEVEN, EIGHT OR NINE OF SECTION THREE HUNDRED  SEVENTY-ONE  OF  THE
SOCIAL SERVICES LAW; OR
  (IV)  PRIMARILY  HOUSES  DESTITUTE  CHILDREN. FOR THE PURPOSES OF THIS
SUBPARAGRAPH A CHILD IS DESTITUTE IF THE CHILD, THROUGH  NO  NEGLECT  ON
THE  PART  OF  HIS  OR HER PARENT, GUARDIAN OR CUSTODIAN IS DESTITUTE OR
HOMELESS, OR IN A STATE OF WANT OR SUFFERING DUE TO LACK  OF  SUFFICIENT
FOOD, CLOTHING, OR SHELTER, OR MEDICAL OR SURGICAL CARE, OR IS UNDER THE
AGE  OF  EIGHTEEN  AND IS ABSENT FROM HIS OR HER LEGAL RESIDENCE WITHOUT
THE CONSENT OF THE PARENT, LEGAL GUARDIAN OR CUSTODIAN, OR IS  A  PERSON
UNDER THE AGE OF EIGHTEEN WHO IS WITHOUT A PLACE OF SHELTER WHERE SUPER-
VISION AND CARE ARE AVAILABLE. PROVIDED, HOWEVER, THAT A DESTITUTE CHILD
SHALL  NOT  BE  ONE WHOSE PARENT OR LEGAL GUARDIAN ARE WITHOUT FINANCIAL
MEANS BECAUSE SUCH PERSON OR  PERSONS  CHOOSE  NOT  TO  ACCEPT  MONETARY
COMPENSATION  FOR  WORK THEY DO OR WHO CHOOSES TO GIVE SUCH COMPENSATION
AWAY OR ASSIGN IT TO THE BENEFIT OF ANOTHER, INCLUDING ANOTHER PERSON OR
OTHER LEGAL ENTITY.
  S 2. This act shall take effect on September 1, 2012.

co-Sponsors

2011-S2547A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3202, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S6839

2011-S2547A (ACTIVE) - Summary

2011-S2547A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2547A

TITLE OF BILL:
An act
to amend the education law, in relation to defining nonresidents of
a district for purposes of admission

PURPOSE:
To improve the fairness of the public education finance system.

SUMMARY OF PROVISIONS:
Authorizes schools to charge tuition in the event 10 or more children
reside on property which is 50% or more tax exempt pursuant to
Sections 420-A and 420-B of the Real Property Tax Law. Prohibits the
charging of tuition to students who reside on various charitable
type properties.

EXISTING LAW:
Allows for significant abuse in the real property tax system. For
example, while Senior citizens, who are otherwise eligible to obtain
tax exemptions, can be made to pay real property taxes - even for
propel1y they have owned for decades and even with social security as
their only income. On the other hand, multi-million dollar non-profits
can move into a community, purchase dozens, if not hundreds of acres,
engage in commercial enterprises through separately formed
corporations, and still be wholly exempt from property taxes.

These non-profit organizations can send their children to public
schools - often increasing local class sizes,
thereby requiring the hiring of more teachers.

JUSTIFICATION:
This legislation is about bringing equity not only to the real
propel1y tax system, but also to the education finance system. The
current method of school finance pits students against property
taxpayers. In some communities, the problem is exacerbated when large
non-profits move into a community, purchase hundreds of acres, and
send dozens of children to a small school district. This forces
higher propel1y taxes on the taxpaying public and further forces
property taxpayer to choose between the educational needs of their
community and the capacity to pay.

LEGISLATIVE HISTORY:
S.6839  of 2010: Referred to Education
S.1125B of 2003: Referred to Education

FISCAL IMPLICATIONS:
Increased revenue to some school districts which decide to charge
tuition.

EFFECTIVE DATE:
This act shall take effect on September 1, 2013.

2011-S2547A (ACTIVE) - Bill Text download pdf

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

                                 2547--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 25, 2011
                               ___________

Introduced  by  Sens. BONACIC, LARKIN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Education  --
  recommitted  to  the  Committee on Education in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the education law, in relation to defining nonresidents
  of a district for purposes of admission

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  3202 of the education law is
amended to read as follows:
  2. A. Nonresidents of a  district,  if  otherwise  competent,  may  be
admitted  into  the  school  or  schools of a district or city, upon the
consent of the trustees or the board of education, upon terms prescribed
by such trustees or board, WHICH MAY INCLUDE THE PAYMENT OF TUITION. THE
TERM "NONRESIDENTS OF A DISTRICT" SHALL INCLUDE, BUT NOT BE  LIMITED  TO
PERSONS  OVER  FIVE AND UNDER TWENTY-ONE YEARS OF AGE WHO ARE NOT OTHER-
WISE DESCRIBED IN THIS SECTION, WHO:
  (I) DO NOT ACTUALLY RESIDE IN THE DISTRICT; OR
  (II) RESIDE ON REAL PROPERTY IN THE DISTRICT WHICH IS:
  (1) FIFTY PERCENT OR MORE EXEMPT FROM  TAXATION  FOR  SCHOOL  DISTRICT
PURPOSES  PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED TWENTY-A OR
SECTION FOUR HUNDRED TWENTY-B OF THE REAL PROPERTY TAX LAW; AND
  (2) THE RESIDENCE OF TEN OR MORE STUDENTS WHO ATTEND A  PUBLIC  SCHOOL
IN THE DISTRICT.
  B.  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF SUBPARAGRAPH (II) OF
PARAGRAPH A OF THIS SUBDIVISION  SHALL  NOT  AUTHORIZE  THE  PAYMENT  OF
TUITION  IN  AN  AMOUNT  IN EXCESS OF THE PROPERTY TAXES THAT WOULD HAVE
BEEN PAID WERE THE PROPERTY FULLY TAXABLE AND IN  ANY  EVENT  SHALL  NOT
APPLY TO PROPERTY WHICH:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01492-02-2

S. 2547--A                          2

  (I) WAS CONSTRUCTED AND REMAINS OCCUPIED PURSUANT TO THE PROVISIONS OF
THE PUBLIC HOUSING LAW OR THE PRIVATE HOUSING FINANCE LAW;
  (II) IS OWNED OR OPERATED BY AN AUTHORIZED AGENCY AS DEFINED IN SUBDI-
VISION  TEN  OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES
LAW OR PROPERTY DESCRIBED IN SUBDIVISION FIFTEEN, SEVENTEEN OR  EIGHTEEN
OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
  (III) IS OWNED BY THE STATE OR ANY MUNICIPALITY THEREOF WHICH PRIMARI-
LY  HOUSES  CHILDREN DESCRIBED IN SUBDIVISION TWO, FOUR-A, FOUR-B, FIVE,
SIX, SEVEN, EIGHT OR NINE OF SECTION THREE HUNDRED  SEVENTY-ONE  OF  THE
SOCIAL SERVICES LAW; OR
  (IV)  PRIMARILY  HOUSES  DESTITUTE  CHILDREN. FOR THE PURPOSES OF THIS
SUBPARAGRAPH A CHILD IS DESTITUTE IF THE CHILD, THROUGH  NO  NEGLECT  ON
THE  PART  OF  HIS  OR HER PARENT, GUARDIAN OR CUSTODIAN IS DESTITUTE OR
HOMELESS, OR IN A STATE OF WANT OR SUFFERING DUE TO LACK  OF  SUFFICIENT
FOOD, CLOTHING, OR SHELTER, OR MEDICAL OR SURGICAL CARE, OR IS UNDER THE
AGE  OF  EIGHTEEN  AND IS ABSENT FROM HIS OR HER LEGAL RESIDENCE WITHOUT
THE CONSENT OF THE PARENT, LEGAL GUARDIAN OR CUSTODIAN, OR IS  A  PERSON
UNDER THE AGE OF EIGHTEEN WHO IS WITHOUT A PLACE OF SHELTER WHERE SUPER-
VISION AND CARE ARE AVAILABLE. PROVIDED, HOWEVER, THAT A DESTITUTE CHILD
SHALL  NOT  BE  ONE WHOSE PARENT OR LEGAL GUARDIAN ARE WITHOUT FINANCIAL
MEANS BECAUSE SUCH PERSON OR  PERSONS  CHOOSE  NOT  TO  ACCEPT  MONETARY
COMPENSATION  FOR  WORK THEY DO OR WHO CHOOSES TO GIVE SUCH COMPENSATION
AWAY OR ASSIGN IT TO THE BENEFIT OF ANOTHER, INCLUDING ANOTHER PERSON OR
OTHER LEGAL ENTITY.
  S 2. This act shall take effect on September 1, 2013.

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Senate Bill S2547A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

co-Sponsors

2011-S2547 - Details

2011-S2547 - Summary

2011-S2547 - Sponsor Memo

2011-S2547 - Bill Text download pdf

co-Sponsors

2011-S2547A (ACTIVE) - Details

2011-S2547A (ACTIVE) - Summary

2011-S2547A (ACTIVE) - Sponsor Memo

2011-S2547A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

co-Sponsors

William Larkin

2011-S2547 - Details

2011-S2547 - Summary

2011-S2547 - Sponsor Memo

2011-S2547 - Bill Text download pdf

co-Sponsors

William Larkin

2011-S2547A (ACTIVE) - Details

2011-S2547A (ACTIVE) - Summary

2011-S2547A (ACTIVE) - Sponsor Memo

2011-S2547A (ACTIVE) - Bill Text download pdf

Comments