S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5012
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  MONTGOMERY,  SERRANO  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance
 
 AN ACT to amend the state finance law, in relation to changing the state
   fiscal year from the first of April to the first of June and requiring
   revisions  of  the  consensus  forecast  of  the economy, estimates of
   receipts for the current and the ensuing state  fiscal  year  and  the
   joint  report  of  the director of the budget and the secretary of the
   senate finance committee and the secretary of the  assembly  ways  and
   means  committee, and directing the state comptroller to provide esti-
   mates for receipts for the  current and ensuing state fiscal year; and
   to amend the education law, in relation to the timing  and  notice  of
   annual  elections in school districts and the submission of a property
   tax report card and the calculation of the  fiscal  year  for  certain
   school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the state finance law, as added by  chapter  1
 of the laws of 1943 and as separately renumbered by chapters 405 and 957
 of the laws of 1981, is amended to read as follows:
   §  3.  Fiscal  year.  1.  The  current  fiscal year of the state which
 commenced with the first  day  of  [July,  nineteen  hundred  forty-two]
 APRIL,  TWO  THOUSAND  EIGHTEEN, is hereby [abridged] EXTENDED and shall
 end with the thirty-first day of [March, nineteen  hundred  forty-three]
 MAY,  TWO  THOUSAND  NINETEEN.    For all purposes of determining annual
 increments of state employees pursuant to the education law,  the  civil
 service  law  or  other  state law, and for all purposes whenever by law
 some act is to be performed or time is to be measured by the fiscal year
 of the state, the current fiscal year, as so [abridged] EXTENDED,  shall
 be  deemed  to  be  a  full  year  unless the context clearly requires a
 contrary construction.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD01727-02-7
 S. 5012                             2
 
   On and after the first day of [April,  nineteen  hundred  forty-three]
 JUNE,  TWO  THOUSAND  NINETEEN,  the  fiscal  year of the state, for the
 purpose of budget, appropriations, receipts and disbursements  of  state
 moneys  and  all  other  state affairs which are regulated in accordance
 with or based on fiscal years, including the fiscal affairs of all state
 departments,  commissions,  boards,  agencies, offices and institutions,
 shall begin with the first day of [April] JUNE and  end  with  the  next
 following thirty-first day of [March] MAY.
   2.  All  books  and accounts in the offices of the comptroller and the
 department of taxation and finance shall be kept by  fiscal  years.  All
 annual  accounts  required  to be rendered to the comptroller or to such
 department by any person shall be closed  on  the  thirty-first  day  of
 [March]  MAY in each year, and be rendered as soon thereafter as practi-
 cable, if no time is specially prescribed by law.
   3. Where any statute provides, in terms or effect, that any  inventory
 or  account,  or  a  report relating in whole or in part to receipts and
 disbursements of money, be made to the legislature or any state  officer
 annually,  or for a year, by a department, commission, board, or officer
 under the state government, such inventory or account, and  such  report
 so  far  as  it relates to such receipts and disbursements, shall be for
 the preceding  fiscal  year,  unless  the  calendar  year  be  expressly
 mentioned.
   4.  Existing  provisions  of  other  laws describing or referring to a
 fiscal year of the state as beginning  [July]  APRIL  first  and  ending
 [June  thirtieth]  MARCH  THIRTY-FIRST,  or  making any requirement with
 respect to such fiscal year, or referring to any year so  beginning  and
 ending  which applies to inventories or accounts in state matters, or to
 reports relating to state money or property, shall be deemed modified by
 and be construed in connection with this section, and be deemed to refer
 to a fiscal or to another year or period beginning and ending as  [here-
 in] prescribed IN THIS SECTION for a fiscal year.
   §  2. Subdivision 6 of section 23 of the state finance law, as amended
 by chapter 1 of the laws of 2007, is amended to read as follows:
   6. Consensus economic and revenue forecasting conference; report.  (a)
 (I) By the end of February in each year, prior to the report required by
 paragraph  (b) of this subdivision, the chairperson and ranking minority
 member of the senate finance  committee,  the  chairperson  and  ranking
 minority  member of the assembly ways and means committee and the direc-
 tor of the budget shall jointly convene a consensus economic and revenue
 forecasting conference in the  form  of  a  joint  legislative-executive
 hearing,  for  the purpose of assisting the governor and the legislature
 in reaching the consensus revenue forecast required by paragraph (b)  of
 this subdivision. The conveners of the conference shall invite the state
 comptroller  and  such other participants to the conference as shall, in
 their judgment, provide guidance on the current conditions in, and prob-
 able outlook for the performance of, the economy of the state,  as  well
 as the effect of such conditions and such performance on state receipts.
   (II) ON OR AFTER APRIL SIXTEENTH, THE CHAIRPERSON AND RANKING MINORITY
 MEMBER  OF  THE  SENATE  FINANCE  COMMITTEE, THE CHAIRPERSON AND RANKING
 MINORITY MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE  DIREC-
 TOR  OF THE BUDGET SHALL JOINTLY RECONVENE TO REVISE THE CONSENSUS FORE-
 CAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS FOR THE  CURRENT  AND  THE
 ENSUING STATE FISCAL YEAR. THE REVISED CONSENSUS FORECAST OF THE ECONOMY
 AND ESTIMATES OF RECEIPTS SHALL INCORPORATE THE MOST CURRENT TAX REVENUE
 AND ANY OTHER PERTINENT FISCAL INFORMATION.
 S. 5012                             3
 
   (b)  (I)  On  or  before March first in each year, the director of the
 budget and the secretary of the senate finance committee and the  secre-
 tary of the assembly ways and means committee shall issue a joint report
 containing a consensus forecast of the economy and estimates of receipts
 for  the  current  and  the ensuing state fiscal year. Such estimates of
 receipts shall include, but not be limited to: expected tax receipts  on
 an  all-funds basis, projected lottery receipts, and anticipated miscel-
 laneous receipts to be received in the general  fund.  The  estimate  of
 receipts  for  the ensuing fiscal year contained in the report, shall be
 all receipts from such sources described in this  subdivision  available
 to make disbursements authorized by the appropriation bills submitted by
 the governor pursuant to section three of article seven of the constitu-
 tion for the ensuing fiscal year.
   (II)  ON  OR BEFORE MAY FIRST IN EACH YEAR, THE DIRECTOR OF THE BUDGET
 AND THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND THE  SECRETARY  OF
 THE  ASSEMBLY  WAYS AND MEANS COMMITTEE SHALL ISSUE A REVISED VERSION OF
 THE JOINT REPORT THAT WAS INITIALLY DUE BY MARCH FIRST AND THAT CONTAINS
 A CONSENSUS FORECAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS.
   (c) (I) On a failure of the director of the budget, the  secretary  of
 the  senate finance committee and the secretary of the assembly ways and
 means committee to issue a joint report containing a consensus  forecast
 as  provided in paragraph (b) of this subdivision, the state comptroller
 shall, on or before March fifth, provide estimates of receipts  for  the
 current and the ensuing state fiscal year. Such estimates shall include,
 but  not  be  limited  to,  expected tax receipts on an all-funds basis,
 projected lottery receipts, and miscellaneous receipts to be received in
 the general fund. In rendering his or her estimate, as required in  this
 paragraph,  the comptroller shall give due consideration to the inherent
 risks in economic and revenue forecasting and the interest of the  state
 to  maintain  budget balance throughout the fiscal year. The estimate of
 receipts for the ensuing fiscal year provided by the state  comptroller,
 shall  be all receipts from such sources available to make disbursements
 authorized by the appropriation bills submitted by the governor pursuant
 to section three of article seven of the constitution  for  the  ensuing
 fiscal year.
   (II)  ON  A FAILURE OF THE DIRECTOR OF THE BUDGET AND THE SECRETARY OF
 THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS  AND
 MEANS COMMITTEE TO ISSUE A JOINT REPORT REVISING THE MARCH FIRST CONSEN-
 SUS  FORECAST  THE  STATE  COMPTROLLER  SHALL,  ON  OR BEFORE MAY FIFTH,
 PROVIDE ESTIMATES FOR RECEIPTS FOR THE CURRENT AND ENSUING STATE  FISCAL
 YEAR.  SUCH ESTIMATES SHALL INCORPORATE THE MOST CURRENT TAX REVENUE AND
 ANY OTHER PERTINENT FISCAL INFORMATION.
   § 3. Subdivision 1 of section 2022 of the education law, as amended by
 section 7 of part A of chapter 97 of the laws of  2011,  is  amended  to
 read as follows:
   1.  Notwithstanding any law, rule or regulation to the contrary, PRIOR
 TO TWO THOUSAND NINETEEN the election of  trustees  or  members  of  the
 board of education, and the vote upon the appropriation of the necessary
 funds to meet the estimated expenditures, in any common school district,
 union  free  school  district,  central  school district or central high
 school district shall be held at the annual meeting and election on  the
 third  Tuesday  in  May,  provided, however, that such election shall be
 held on the second Tuesday in May if the commissioner at the request  of
 a  local  school  board  certifies  no  later than March first that such
 election would conflict with religious observances.   COMMENCING IN  TWO
 THOUSAND  NINETEEN,  THE ELECTION OF TRUSTEES OR MEMBERS OF THE BOARD OF
 S. 5012                             4
 
 EDUCATION, AND THE VOTE UPON THE APPROPRIATION OF THE NECESSARY FUNDS TO
 MEET THE ESTIMATED EXPENDITURES, IN ANY COMMON  SCHOOL  DISTRICT,  UNION
 FREE  SCHOOL  DISTRICT,  CENTRAL  SCHOOL DISTRICT OR CENTRAL HIGH SCHOOL
 DISTRICT  SHALL BE HELD AT THE ANNUAL MEETING AND ELECTION ON THE FOURTH
 TUESDAY IN JUNE. The sole trustee, board of trustees or board of  educa-
 tion  of  every  common,  union  free,  central  or  central high school
 district and every city school district to which  this  article  applies
 shall  hold  a budget hearing not less than seven nor more than fourteen
 days prior to the annual meeting and election or special district  meet-
 ing  at  which  a  school  budget vote will occur, and shall prepare and
 present to the voters at such budget hearing a proposed school  district
 budget for the ensuing school year.
   §  4. Subdivision 2 of section 2601-a of the education law, as amended
 by section 9 of part A of chapter 97 of the laws of 2011, is amended  to
 read as follows:
   2.  The board of education shall conduct all annual and special school
 district meetings for the purpose of adopting a school  district  budget
 in  the  same  manner as a union free school district in accordance with
 the provisions of article forty-one of this title, except  as  otherwise
 provided  by  this  section.  [The]  PRIOR TO TWO THOUSAND NINETEEN, THE
 annual meeting and election of each such city school district  shall  be
 held  on  the  third Tuesday of May in each year, provided, however that
 such annual meeting and election shall be held on the second Tuesday  in
 May if the commissioner at the request of a local school board certifies
 no  later  than March first that such election would conflict with reli-
 gious observances, and any school budget revote shall  be  held  on  the
 date  and  in  the same manner specified in subdivision three of section
 two thousand seven of this title.  PRIOR TO TWO THOUSAND  NINETEEN,  THE
 ANNUAL  MEETING  AND ELECTION OF EACH SUCH CITY SCHOOL DISTRICT SHALL BE
 HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR,  PROVIDED,  HOWEVER  THAT
 SUCH  ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN
 MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES
 NO LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT  WITH  RELI-
 GIOUS  OBSERVANCES,  AND  ANY  SCHOOL BUDGET REVOTE SHALL BE HELD ON THE
 DATE AND IN THE SAME MANNER SPECIFIED IN SUBDIVISION  THREE  OF  SECTION
 TWO  THOUSAND  SEVEN  OF THIS TITLE. The provisions of this article, and
 where applicable subdivisions nine and  nine-a  of  section  twenty-five
 hundred  two of this title, governing the qualification and registration
 of voters, and procedures for the nomination and election of members  of
 the  board  of  education  shall continue to apply, and shall govern the
 qualification and registration of  voters  and  voting  procedures  with
 respect to the adoption of a school district budget.
   § 5. Subdivision 1 of section 2003 of the education law, as amended by
 chapter 64 of the laws of 1993, is amended to read as follows:
   1. The district clerk of each common school district shall give notice
 of  the  availability  of  the statement of expenditures pursuant to the
 provisions of section sixteen hundred eight of this [chapter] TITLE  and
 shall  also  give  notice of the time and place of the annual meeting by
 publishing a notice [four] TWO times within the [seven] THREE weeks next
 preceding such annual meeting, the first  publication  to  be  at  least
 [forty-five]  EIGHTEEN  days  before  said meeting, in two newspapers if
 there shall be two, or in one newspaper  if  there  shall  be  but  one,
 having  general  circulation  within  such district. But if no newspaper
 shall then have general circulation therein, the said  notice  shall  be
 posted  in  at  least  twenty of the most public places in said district
 forty-five days before the time of such meeting.    THE  CLERK  OF  EACH
 S. 5012                             5
 
 COMMON SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE SCHOOL DISTRICT'S
 OFFICIAL  WEBSITE  THE  NOTICE  OF  THE AVAILABILITY OF THE STATEMENT OF
 EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SIXTEEN HUNDRED EIGHT
 OF  THIS  TITLE,  AND  SHALL  ALSO  POST  PREDOMINATELY  ON  THE  SCHOOL
 DISTRICT'S OFFICIAL WEBSITE THE TIME AND PLACE  OF  THE  ANNUAL  MEETING
 THROUGHOUT  THE  THREE  WEEKS  NEXT PRECEDING SUCH DISTRICT MEETING, THE
 FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
   § 6. Subdivision 1 of section 2004 of the education law, as amended by
 chapter 68 of the laws of 1994, is amended to read as follows:
   1. The clerk of each union free school district shall give  notice  of
 the  availability  of  the  statement  of  expenditures  pursuant to the
 provisions of section seventeen hundred sixteen of this [chapter]  TITLE
 and  shall  also give notice of the time and place of the annual meeting
 and the notice required by section seventeen  hundred  sixteen  of  this
 [chapter]  TITLE  by  publishing  a  notice  [four] TWO times within the
 [seven] THREE weeks next preceding  such  district  meeting,  the  first
 publication  to be at least [forty-five] EIGHTEEN days before said meet-
 ing, in two newspapers if there shall be two, or  in  one  newspaper  if
 there shall be but one, having general circulation within such district.
 But  if  no  newspaper  shall then have general circulation therein, the
 said notice shall be posted in at least twenty of the most public places
 in said district forty-five days before the time of such meeting.    THE
 CLERK OF EACH UNION FREE SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE
 SCHOOL DISTRICT'S OFFICIAL WEBSITE THE NOTICE OF THE AVAILABILITY OF THE
 STATEMENT  OF  EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SEVEN-
 TEEN HUNDRED SIXTEEN OF THIS TITLE AND SHALL ALSO POST PREDOMINATELY  ON
 THE  SCHOOL DISTRICT'S OFFICIAL WEBSITE THE TIME AND PLACE OF THE ANNUAL
 MEETING THROUGHOUT THE THREE WEEKS NEXT PRECEDING SUCH DISTRICT MEETING,
 THE FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
   § 7. Paragraph b of subdivision 7 of section  1608  of  the  education
 law,  as  amended  by  section  4 of part H of chapter 83 of the laws of
 2002, is amended to read as follows:
   b. A copy of the property tax report  card  prepared  for  the  annual
 district  meeting  shall  be  submitted  to the department in the manner
 prescribed by the department by the end of the business day next follow-
 ing approval of the report card by the trustee or board of trustees, but
 no later than [twenty-four] EIGHTEEN days prior to the statewide uniform
 voting day. The department  shall  compile  such  data  for  all  school
 districts  whose  budgets  are subject to a vote of the qualified voters
 and shall make such compilation available electronically  at  least  ten
 days prior to the statewide uniform voting day.
   § 8. Section 2515 of the education law, as added by chapter 171 of the
 laws of 1996, is amended to read as follows:
   §  2515.  Fiscal  year.  The fiscal year for  city school districts of
 cities with less than one hundred twenty-five thousand inhabitants shall
 be the period commencing with [July] AUGUST first and ending with  [June
 thirtieth] JULY THIRTY-FIRST next following.
   §  9.  Subdivision 3 of section 2006 of the education law, as added by
 section 4 of part M of chapter 57 of the laws of  2005,  is  amended  to
 read as follows:
   3.  Whenever  the  voters shall have defeated the budget of the school
 district at the annual meeting and election, the  trustees  may  call  a
 special  district  meeting  for a school budget revote to be held on the
 [third] FOURTH Tuesday of [June] JULY, provided, however that such budg-
 et revote shall be held on the [second] THIRD Tuesday in [June] JULY  if
 the  commissioner  at  the  request of a local school board certifies no
 S. 5012                             6
 
 later than March first that such  vote  would  conflict  with  religious
 observances. The trustees shall give the notices required by subdivision
 one  of  section  two  thousand  three  of this part and this section by
 publishing  such  notices  once  in  each week within the two weeks next
 preceding such special meeting, the first publication  to  be  at  least
 fourteen days before such meeting, with any required posting to be four-
 teen days before the time of such meeting.
   §  10.  Paragraph  b of subdivision 3 of section 2007 of the education
 law, as amended by section 5 of part M of chapter  57  of  the  laws  of
 2005, is amended to read as follows:
   b.  A  school  budget  revote  called  pursuant to paragraph a of this
 subdivision shall be held on the [third] FOURTH Tuesday of [June]  JULY,
 provided,  however that such budget revote shall be held on the [second]
 THIRD Tuesday in [June] JULY if the commissioner at  the  request  of  a
 local  school  board  certifies no later than March first that such vote
 would conflict with religious observances.
   § 11. This act shall take effect January 1,  2019;  provided,  however
 that  the  amendments  to  sections 2022 and 2601-a of the education law
 made by sections three and four of this act shall not affect the expira-
 tion of such sections and shall be deemed to expire therewith.