senate Bill S2669

2013-2014 Legislative Session

Requires municipalities to hold public hearings prior to overriding the tax levy limit

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Archive: Last Bill Status - STRICKEN


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2013 recommit, enacting clause stricken
Jan 23, 2013 referred to local government

S2669 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd ยง3-c, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S7121

S2669 - Bill Texts

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Requires municipalities to hold public hearings prior to overriding the tax levy limit.

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BILL NUMBER:S2669

TITLE OF BILL: An act to amend the general municipal law, in relation
to requiring the conducting of a public hearing prior to enacting a
local law or resolution to override the tax levy limit

PURPOSE: This legislation requires municipalities to hold public hear-
ings prior to overriding the tax levy limit.

SUMMARY OF PROVISIONS:

Section One - amends subdivision 5 of section 3-c of the general munici-
pal law, as added by section 1 of part A of chapter 97 of the laws of
2011, is amended so that a local government may adopt a budget that
requires a tax levy that is greater than the tax levy limit for the
coming fiscal year, not including any levy necessary to support the
expenditures pursuant to subparagraphs (i) through (iv) of paragraph g
of subdivision two of this section, only if the governing body of such
local government first holds a public hearing upon the proposal to
exceed the tax levy limit and enacts, by a vote of sixty percent of the
total voting power of such body, a local law to override such limit for
such coming fiscal year only, or in the case of a district or fire
district, a resolution, approved by a vote of sixty percent of the total
voting power of such body, to override such limit for such coming fiscal
year only.

Section Two - this act shall take effect immediately, provided that the
amendments to subdivision 5 of section 3-c of the general municipal law,
made by section one of this act, shall not affect the expiration and
repeal of such section one of this act, shall not affect the expiration
and repeal of such section pursuant to section 13 of part A of chapter
97 of the laws of 2011, as amended, and shall expire and be deemed
repealed therewith.

JUSTIFICATION: In 2011, the legislature passed a 2% property tax cap
that provided much needed tax relief to the people of New York State.
The 2% tax cap provided the incentive for municipalities and school
districts to have a serious dialogue regarding their budgets before
voting and "yes" to raising taxes.

Although municipalities and school districts have the authority to over-
ride the 2% property tax cap, this legislation will require them to have
a public hearing specifically designated to discussing the override.
This public hearing will give tax payers the opportunity to discuss
their concerns and opinions to their elected officials.

LEGISLATIVE HISTORY: 4/30/12 Referred to Local Government

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: This act shall take effect immediately, provided that
the amendments to subdivision 5 of section 3-c of the general municipal
law, made by section one of this act, shall not affect the expiration
and repeal of such section one of this act, shall not affect the expira-
tion and repeal of such section pursuant to section 13 of part A of
chapter 97 of the laws of 2011. as amended, and shall expire and be
deemed repealed therewith.

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

                                  2669

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to requiring  the
  conducting of a public hearing prior to enacting a local law or resol-
  ution to override the tax levy limit

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

  Section 1. Subdivision 5 of section 3-c of the general municipal  law,
as  added  by  section 1 of part A of chapter 97 of the laws of 2011, is
amended to read as follows:
  5. A local government may adopt a budget that requires a tax levy that
is greater than the tax levy limit  for  the  coming  fiscal  year,  not
including  any  levy  necessary  to support the expenditures pursuant to
subparagraphs (i) through (iv) of paragraph g of subdivision two of this
section, only if the governing body of such local government first HOLDS
A PUBLIC HEARING UPON THE PROPOSAL TO EXCEED  THE  TAX  LEVY  LIMIT  AND
enacts,  by  a  vote  of sixty percent of the total voting power of such
body, a local law to override such limit for  such  coming  fiscal  year
only,  or  in  the  case  of  a district or fire district, a resolution,
approved by a vote of sixty percent of the total voting  power  of  such
body, to override such limit for such coming fiscal year only.
  S  2. This act shall take effect immediately, provided that the amend-
ments to subdivision 5 of section 3-c of the general municipal law, made
by section one of this act, shall not affect the expiration  and  repeal
of  such  section  pursuant to section 13 of part A of chapter 97 of the
laws of 2011, as amended, and shall expire and be deemed repealed there-
with.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07361-01-3

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