NY State Senate Bill 2015-S5877A

Senate Bill S5877A

2015-2016 Legislative Session

Relates to the effect of failed propositions on voter approval for remaining propositions not collectively exceeding the tax levy limit

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2016	print number 5877a
Mar 02, 2016	amend and recommit to education
Jan 06, 2016	referred to education
Jun 10, 2015	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S5877 - Details

See Assembly Version of this Bill:: A8136
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S903, A2082
2019-2020: A8275

2015-S5877 - Summary

Provides that in certain instances the school district budget will be approved if the majority of the votes cast are in the affirmative and if the budget, without the separate proposition or propositions, does not exceed the tax levy limit.

2015-S5877 - Sponsor Memo

                                BILL NUMBER:S5877

TITLE OF BILL:

An act to amend the education law, in relation to the effect of failed
propositions on voter approval for remaining propositions not
collectively exceeding the tax levy limit

PURPOSE:

Relates to the effect of failed propositions on voter approval for
remaining propositions not collectively exceeding the tax levy limit.

SUMMARY OF PROVISIONS:

Amends Subdivision 9 of Section 2023-a of the Education Law to provide
that when a school budget proposition is below the tax levy limit, and
the ballot includes one or more separate propositions which, if
enacted with the budget proposition, would collectively require a tax
levy exceeding the limit, only those separate propositions which would
cause the limit to be exceeded would be subject to the 60%
supermajority requirement for approval.

JUSTIFICATION:

School district budget election ballots often include separate

spending propositions in addition to the school district budget
proposal. These additional, separate propositions can be added by the
school district or even by the voters themselves. The budget proposal
and the additional propositions are listed separately on the ballot
and voted on independently.

If any of these separate propositions would require additional
spending that exceeds the tax cap, then the Education Department
currently requires that all propositions on the ballot must obtain a
60% supermajority for approval, even if the other propositions would
not exceed the cap.

For example, in 2015 the Patchogue-Medford School District in Suffolk
County presented a 2015-16 school budget proposal below the tax cap.
However, a group of residents successfully added a separate
proposition to the ballot to increase bus service. Approval of the
proposition would have required an increase in the tax levy that would
have exceeded the tax cap. Therefore, the Education Department
required that both the budget proposal and the expanded transportation
proposition required a supermajority for approval. The voters approved
the budget proposal, but by less than a supermajority, while the
transportation proposition was defeated outright. The school district
must now hold a revote.

This is clearly a misinterpretation of the Legislature's intent. This
bill clarifies that if the school budget proposal is below the cap,
the supermajority requirement only applies to those additional
propositions which would cause the cap to be exceeded.

LEGISLATIVE HISTORY:


2015: New Legislation

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

Immediately.

2015-S5877 - Bill Text download pdf

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

    S. 5877                                                  A. 8136

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 10, 2015
                               ___________

IN SENATE -- Introduced by Sen. CROCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

IN  ASSEMBLY  --  Introduced by M. of A. THIELE, MURRAY -- read once and
  referred to the Committee on Education

AN ACT to amend the education law, in relation to the effect  of  failed
  propositions  on voter approval for remaining propositions not collec-
  tively exceeding 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  9 of section 2023-a of the education law, as
added by section 2 of part A of chapter 97  of  the  laws  of  2011,  is
amended to read as follows:
  9.  Nothing  in  this section shall preclude the trustee, trustees, or
board of education of a  school  district,  in  their  discretion,  from
submitting  additional  items of expenditures to the voters for approval
as separate propositions or  the  voters  from  submitting  propositions
pursuant  to sections two thousand eight and two thousand thirty-five of
this part; provided however, except in the case of a proposition submit-
ted for any expenditure contained within subparagraphs (i) through  (iv)
of  paragraph  i of subdivision two of this section, if any proposition,
or propositions collectively that are subject to  a  vote  on  the  same
date,  would  require  an  expenditure of money that would require a tax
levy and would result in the tax  levy  limit  being  exceeded  for  the
corresponding  school  year  then  such proposition shall be approved if
sixty percent of the votes cast thereon are in the affirmative.  IN  THE
EVENT  THAT  SUCH PROPOSITION IS NOT APPROVED AND THE REMAINING PROPOSI-
TION OR PROPOSITIONS COLLECTIVELY WOULD NOT EXCEED THE  TAX  LEVY  LIMIT
FOR  THE CORRESPONDING SCHOOL YEAR, SUCH REMAINING PROPOSITION OR PROPO-
SITIONS SHALL BE DEEMED TO HAVE BEEN APPROVED IF FIFTY  PERCENT  OF  THE
VOTES CAST THEREON ARE IN THE AFFIRMATIVE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11373-01-5

S. 5877                             2                            A. 8136

  S  2. This act shall take effect immediately; provided that the amend-
ments to section 2023-a of the education law made by section one of this
act shall not affect the repeal of such  section  and  shall  be  deemed
repealed therewith.

co-Sponsors

2015-S5877A (ACTIVE) - Details

See Assembly Version of this Bill:: A8136
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S903, A2082
2019-2020: A8275

2015-S5877A (ACTIVE) - Summary

2015-S5877A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5877A

 TITLE OF BILL :

An act to amend the education law, in relation to the effect of failed
propositions on voter approval for remaining propositions not
collectively exceeding the tax levy limit

 PURPOSE :

Relates to the effect of failed propositions on voter approval for
remaining propositions not collectively exceeding the tax levy limit.

 SUMMARY OF PROVISIONS :

Amends Subdivision 9 of Section 2023-a of the Education Law to provide
that when a school budget proposition is below the tax levy limit, and
the ballot includes one or more separate propositions which, if
enacted with the budget proposition, would collectively require a tax
levy exceeding the limit, only those separate propositions which would
cause the limit to be exceeded would be subject to the 60%
supermajority requirement for approval.

 JUSTIFICATION :

School district budget election ballots often include separate

spending propositions in addition to the school district budget
proposal. These additional, separate propositions can be added by the
school district or even by the voters themselves. The budget proposal
and the additional propositions are listed separately on the ballot
and voted on independently.

If any of these separate propositions would require additional
spending that exceeds the tax cap, then the Education Department
currently requires that all propositions on the ballot must obtain a
60% supermajority for approval, even if the other propositions would
not exceed the cap.

For example, in 2015 the Patchogue-Medford School District in Suffolk
County presented a 2015-16 school budget proposal below the tax cap.
However, a group of residents successfully added a separate
proposition to the ballot to increase bus service. Approval of the
proposition would have required an increase in the tax levy that would
have exceeded the tax cap. Therefore, the Education Department
required that both the budget proposal and the expanded transportation
proposition required a supermajority for approval. The voters approved
the budget proposal, but by less than a supermajority, while the
transportation proposition was defeated outright. The school district
must now hold a revote.

This is clearly a misinterpretation of the Legislature's intent. This
bill clarifies that if the school budget proposal is below the cap,
the supermajority requirement only applies to those additional
propositions which would cause the cap to be exceeded.

 LEGISLATIVE HISTORY :

2015: New Legislation

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
Immediately.

2015-S5877A (ACTIVE) - Bill Text download pdf

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

    S. 5877--A                                            A. 8136--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 10, 2015
                               ___________

IN  SENATE -- Introduced by Sens. CROCI, BOYLE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  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

IN ASSEMBLY -- Introduced by M. of A.  THIELE,  MURRAY,  GARBARINO,  RA,
  LAVINE,  LUPINACCI, RAIA -- read once and referred to the Committee on
  Education -- recommitted to the Committee on Education  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to the effect  of  failed
  propositions  on voter approval for remaining propositions not collec-
  tively exceeding 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  9 of section 2023-a of the education law, as
added by section 2 of part A of chapter 97  of  the  laws  of  2011,  is
amended to read as follows:
  9.  Nothing  in  this section shall preclude the trustee, trustees, or
board of education of a  school  district,  in  their  discretion,  from
submitting  additional  items of expenditures to the voters for approval
as separate propositions or  the  voters  from  submitting  propositions
pursuant  to sections two thousand eight and two thousand thirty-five of
this part; provided however, except in the case of a proposition submit-
ted for any expenditure contained within subparagraphs (i) through  (iv)
of  paragraph  i of subdivision two of this section, if any proposition,
or propositions collectively that are subject to  a  vote  on  the  same
date,  would  require  an  expenditure of money that would require a tax
levy and would result in the tax  levy  limit  being  exceeded  for  the
corresponding  school  year  then  such proposition shall be approved if

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11373-02-6

S. 5877--A                          2                         A. 8136--A

sixty percent of the votes cast thereon are in the affirmative.  IN  THE
EVENT  THAT  THE  TRUSTEE,  TRUSTEES,  OR BOARD OF EDUCATION OF A SCHOOL
DISTRICT OR THE  VOTERS  SUBMIT  ADDITIONAL  ITEMS  OF  EXPENDITURE  FOR
APPROVAL  AS  A  SEPARATE  PROPOSITION OR PROPOSITIONS AND SUCH SEPARATE
PROPOSITION OR PROPOSITIONS COLLECTIVELY WITH THE BUDGET EXCEED THE  TAX
LEVY LIMIT, THE BUDGET SHALL BE APPROVED IF A MAJORITY OF THE VOTES CAST
THEREON  ARE  IN THE AFFIRMATIVE AND IF THE BUDGET, WITHOUT THE SEPARATE
PROPOSITION OR PROPOSITIONS, DOES NOT EXCEED THE TAX LEVY LIMIT.
  S 2. This act shall take effect immediately; provided that the  amend-
ments to section 2023-a of the education law made by section one of this
act  shall  not  affect  the  repeal of such section and shall be deemed
repealed therewith.

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Senate Bill S5877A

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

co-Sponsors

Phil Boyle

2015-S5877 - Details

2015-S5877 - Summary

2015-S5877 - Sponsor Memo

2015-S5877 - Bill Text download pdf

co-Sponsors

Phil Boyle

George Latimer

Robert G. Ortt

2015-S5877A (ACTIVE) - Details

2015-S5877A (ACTIVE) - Summary

2015-S5877A (ACTIVE) - Sponsor Memo

2015-S5877A (ACTIVE) - Bill Text download pdf

Comments