NY State Senate Bill 2015-S4197

Senate Bill S4197

2015-2016 Legislative Session

Directs the commissioner of education to establish minimum standards for the maintenance and repair of school buildings

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to education
Mar 09, 2015	referred to education

2015-S4197 (ACTIVE) - Details

See Assembly Version of this Bill:: A3401
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§305 & 2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A5053
2017-2018: S1245, A5530
2019-2020: A4528
2021-2022: A7291

2015-S4197 (ACTIVE) - Summary

Directs the commissioner of education to establish minimum standards for the maintenance and repair of school buildings; eliminates the tax levy cap for expenditures related to school building maintenance and repair.

2015-S4197 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4197

TITLE OF BILL:

An act to amend the education law, in relation to directing the
commissioner of education to establish standards for the maintenance
and repair of school buildings and exempting expenditures for the
maintenance and repair of school buildings from the tax levy limit

PURPOSE OF THE BILL:

The purpose of this bill is to direct the commissioner of education to
establish minimum standards for the maintenance and repair of school
buildings so as to provide an appropriate and safe learning
environment within each such building. The bill would also exempt
expenditures by the school districts in order to meet the standards
established by the commissioner from the tax levy limit.

SUMMARY OF THE PROVISIONS OF THE BILL:

Section 1 amends section 305 of the education law by adding a new
subdivision 43 that directs the commissioner of education to establish
minimum standards for the maintenance and repair of school buildings
so as to provide an appropriate learning environment.

Subparagraphs (iii) and (iv) of paragraph I of subdivision 2.of

section 2023a of the education law, as added by section 2 of part A of
chapter 97 of the laws of 2011, ate amended and a new paragraph (v) is
added to read as follows: a tax levy necessary for expenditures for
the maintenance and repair of school buildings.

STATEMENT IN SUPPORT OF THE BILL:

The school districts of the state continue to struggle with budgetary
issues caused by the overall economy and the 2% property tax cap
enacted in 2011. This bill seeks to establish minimum standards for
the maintenance and repair of school buildings so as to provide an
appropriate and safe learning environment for the students and
teachers in the state. The bill also exempts such costs accrued by the
school districts in order to meet the new standards from the 2%
property tax cap.

BUDGETARY IMPLICATIONS OF THE BILL:

This bill will not impose any additional costs on the state.

PRIOR LEGISLATIVE HISTORY:

2013-14 A5053 referred to education

EFFECTIVE DATE:

The bill would take effect on the first of July next succeeding the
date on which it shall have become law, provided that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and
directed to be promulgated, amended and/or repealed on or before such


date; and provided further that the amendments to section 2023-a of
the education law made by section two of this act shall not affect the
repeal of such section and shall be deemed repealed.

2015-S4197 (ACTIVE) - Bill Text download pdf

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

                                  4197

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 9, 2015
                               ___________

Introduced  by  Sen. VALESKY -- 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 directing the  commis-
  sioner  of  education  to  establish standards for the maintenance and
  repair of school buildings and exempting expenditures for the  mainte-
  nance and repair of school buildings from the tax levy limit

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

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 53 to read as follows:
  53. THE COMMISSIONER SHALL, BY RULE, ESTABLISH MINIMUM  STANDARDS  FOR
THE  MAINTENANCE  AND  REPAIR  OF  SCHOOL  BUILDINGS SO AS TO PROVIDE AN
APPROPRIATE LEARNING ENVIRONMENT WITHIN EACH SUCH BUILDING.
  S 2. Subparagraphs (iii) and (iv) of paragraph i of subdivision  2  of
section  2023-a of the education law, as added by section 2 of part A of
chapter 97 of the laws of 2011, are amended and a new  subparagraph  (v)
is added to read as follows:
  (iii)  in  years in which the normal contribution rate of the New York
state teachers' retirement system, as defined by paragraph a of subdivi-
sion two of section five hundred seventeen of this chapter, increases by
more than two percentage points from  the  previous  year,  a  tax  levy
necessary  for  expenditures  for  the  coming  fiscal  year  for school
district employer contributions to the New York state teachers'  retire-
ment  system  caused by growth in the normal contribution rate minus two
percentage points; [and]
  (iv) a capital tax levy[.]; AND
  (V) A TAX LEVY NECESSARY FOR  EXPENDITURES  FOR  THE  MAINTENANCE  AND
REPAIR OF SCHOOL BUILDINGS.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law, provided  that,  effective
immediately,  any  rules  and  regulations  necessary  to  implement the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06825-01-5

S. 4197                             2

provisions of this act on its effective date are authorized and directed
to be promulgated, amended and/or repealed on or before such  date;  and
provided  further that the amendments to section 2023-a of the education
law  made by section two of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

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