senate Bill S884

2013-2014 Legislative Session

Relates to expenditures from reserve funds by school districts

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

S884 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง3651, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S6716

S884 - Bill Texts

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Relates to requirements for expenditures from reserve funds by school districts; permits the governing body of a school district to expend up to 50% of such fund without voter approval; repeals such provisions on June 30, 2016.

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BILL NUMBER:S884

TITLE OF BILL:
An act
to amend the education law, in relation to expenditures from reserve
funds by school districts; and providing for the repeal of such
provisions upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
To provide the governing authorities of school districts the ability
to utilize up to one half of the total reserve funds of the district
for any lawful purpose upon a two-thirds majority vote of the
governing body.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 3651 of the Education Law by adding a new
subdivision 3-b which provides that the governing authorities of a
school district may utilize up to one half of the total reserve funds
of the district for any lawful purpose upon a two-thirds majority
vote of the governing body.

Section 2: Effective date.

JUSTIFICATION:
Currently the governing authority of a school district is required to
put a proposition before the voters of a school district before
expending funds from a reserve fund. It can be a cumbersome and
costly process to hold such a vote. This legislation would allow for
the governing authority to access up to one half of the reserve fund
with a two-thirds majority vote of the governing body.

LEGISLATIVE HISTORY:

S.6716 of 2012: Died in Senate Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on and after June 30. 2016.

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

                                   884

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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  expenditures  from
  reserve  funds  by  school  districts; and providing for the repeal of
  such provisions upon the expiration thereof

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

  Section  1.  Section  3651 of the education law is amended by adding a
new subdivision 3-b to read as follows:
  3-B. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  THE  GOVERNING  AUTHORITIES  OF  A  SCHOOL  DISTRICT  MAY,  BY
TWO-THIRDS MAJORITY VOTE, UTILIZE UP TO ONE-HALF THE TOTAL RESERVE FUNDS
ESTABLISHED BY SUCH DISTRICT FOR ANY LAWFUL PURPOSE AND MAY  MOVE  FUNDS
BETWEEN  RESERVE  ACCOUNTS  AS NECESSARY SUBJECT TO THE REQUIREMENTS SET
FORTH IN THIS SUBDIVISION. THE SUPERINTENDENT OF A SCHOOL  DISTRICT,  OR
OTHER  PERSON WITH OVERALL RESPONSIBILITY FOR THE SCHOOL DISTRICT SHALL,
AT LEAST FORTY-FIVE DAYS PRIOR TO VOTING BY THE  SCHOOL  AUTHORITIES  TO
UTILIZE  A  PORTION OF THE RESERVES AS PROVIDED FOR IN THIS SUBDIVISION,
PLACE SUCH PROPOSAL ON THE AGENDA OF A SCHOOL BOARD MEETING  AND  PUBLI-
CIZE  THROUGH  AN  INFORMATIONAL STATEMENT TO THE MEDIA SENT TO AT LEAST
THE OFFICIAL NEWSPAPER OF THE SCHOOL DISTRICT, AND OTHERWISE TO MEDIA IN
GENERAL CIRCULATION, ANY PROPOSAL  TO  BE  VOTED  ON  BY  THE  GOVERNING
AUTHORITIES  OF  THE SCHOOL DISTRICT TO UTILIZE A PORTION OF ANY RESERVE
FUND FOR A LAWFUL PURPOSE, AND THE NATURE OF THAT PURPOSE WITH  AS  MUCH
DETAIL  AS IS REASONABLY AVAILABLE TO THE SUPERINTENDENT OR OTHER PERSON
WITH OVERALL RESPONSIBILITY FOR THE SCHOOL DISTRICT. SUCH  INFORMATIONAL
STATEMENT SHALL ALSO BE PROVIDED TO THE COMMISSIONER AND THE STATE COMP-
TROLLER IN SUCH FORM AS THE COMMISSIONER AND COMPTROLLER SHALL REQUIRE.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on and after June 30, 2016.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03212-01-3

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