NY State Senate Bill 2017-S903

Senate Bill S903

2017-2018 Legislative Session

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

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 03, 2018	referred to education
Jan 05, 2017	referred to education

co-Sponsors

2017-S903 (ACTIVE) - Details

See Assembly Version of this Bill:: A2082
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5877, A8136
2019-2020: A8275

2017-S903 (ACTIVE) - 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.

2017-S903 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S903

 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 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 :

S5877A of 2015/16: Referred to Education Substantially similar
legislation was passed in the Senate - S8049, Section 1

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
Immediately.

2017-S903 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    903
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- 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 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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00982-01-7

 S. 903                              2
 
   § 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 S903

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

Phil Boyle

John E. Brooks

Rich Funke

Robert G. Ortt

2017-S903 (ACTIVE) - Details

2017-S903 (ACTIVE) - Summary

2017-S903 (ACTIVE) - Sponsor Memo

2017-S903 (ACTIVE) - Bill Text download pdf

Comments