LBD14663-03-8
A. 9901 2
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. New York State is at a
very critical moment in its history. Many recent articles have cited
information provided by the United States Census Bureau that shows over
one million people have left the New York area since 2010, and this can
be attributed to the high cost of living forced on New York taxpayers
through high taxes and a lack of job opportunities. Our high taxes,
particularly our high property taxes, have contributed to New York
consistently being ranked near the bottom when compared to other states
for business tax climate and total combined tax burden. By doing little
to reform the structural reasons behind the high cost of living in New
York, the state government has failed to make life better for families
and businesses in every region.
To compound this problem, New York spends a high amount on public
assistance programs that are meant to help citizens escape poverty and
become self-sufficient, but include income thresholds that create what
are known as "benefit cliffs". These benefit cliffs occur when an indi-
vidual or family receiving public benefits hits a specified dollar
amount in income and immediately loses eligibility to receive a certain
public assistance benefit. When this happens, the state is creating a
situation where New Yorkers would actually see a reduction in real take-
home pay because the value of the public assistance benefit they will
lose is worth more than the increased income they would receive through
working. This means that low-income New Yorkers, through no fault of
their own, will find it difficult to accept a job, more hours, or an
increase in pay as the financial well-being of their family is threat-
ened by working more. Work should be incentivized, and no New Yorker
should ever be faced with a situation where working hard and earning a
larger salary can actually lead to a decrease in real take-home pay.
These problems require state government officials to make hard choic-
es, and make long-term structural changes in order to see real systemic
changes to our economy in the long run. Therefore, the legislature finds
it necessary to implement a ten-year state takeover of the local share
of Medicaid outside of New York City, create the Commission to Reform
Public Assistance Benefits to implement a new payment method to eradi-
cate the benefit cliffs, expand the state earned income tax credit from
thirty percent to forty-five percent of the federal credit amount, offer
the option for individuals to receive the state earned income tax credit
in monthly installments, expand the child and dependent care tax credit,
allow those receiving unemployment insurance to work part-time while
still receiving a partial unemployment benefit, assume the growth in
property taxes for school districts and local governments that remain
under the real property tax cap to take the burden off of homeowners,
create a property tax redesign team that will produce recurring savings
and subject New York City to the real property tax cap. These struc-
tural changes will help make New York more competitive, and a more
attractive place to build a business and raise a family. They will also
provide low-income New Yorkers with additional opportunities to better
their situation and rise out of poverty.
§ 2. This act enacts into law major components of legislation provid-
ing for a ten-year state takeover of the local share of Medicaid outside
of New York City, providing for a twenty-year state takeover of fifty
percent of the local share of Medicaid in New York City, creating the
Commission to Reform Public Assistance Benefits, expanding the state
A. 9901 3
earned income tax credit from thirty percent to forty-five percent of
the federal credit amount, offering the option for individuals to
receive the state earned income tax credit in monthly installments,
expanding the child and dependent care tax credit, allowing those
receiving unemployment insurance to work part-time while still receiving
a partial unemployment benefit, assuming the growth in property taxes
for school districts and local governments that remain under the real
property tax cap to take the burden off of homeowners, creating a prop-
erty tax redesign team required to produce recurring savings and
subjecting New York City to the real property tax cap. Each component is
wholly contained within a Part identified as Parts A through J. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section four of this act sets forth the general effective date of this
act.
PART A
Section 1. Subdivision (c) of section 1 of part C of chapter 58 of the
laws of 2005 relating to authorizing reimbursements for expenditures
made by or on behalf of social services districts for medical assistance
for needy persons and the administration thereof is amended and twelve
new subdivisions (c-2), (c-3), (c-4), (c-5), (c-6), (c-7), (c-8), (c-9),
(c-10), (c-11),(c-12) and (c-13) are added to read as follows:
(c) Commencing with the calendar year beginning January 1, 2006,
calendar year social services district medical assistance expenditure
amounts for each social services district shall be calculated by multi-
plying the results of the calculations performed pursuant to paragraph
(b) of this section by a non-compounded trend factor, as follows:
(i) 2006 (January 1, 2006 through December 31, 2006): 3.5%;
(ii) 2007 (January 1, 2007 through December 31, 2007): 6.75% (3.25%
plus the prior year's 3.5%);
(iii) 2008 (January 1, 2008 through December 31, 2008): 9.75% (3%
plus the prior year's 6.75%);
(iv) 2009 (January 1, 2009 through December 31, 2009), and each
succeeding calendar year THROUGH 2019: prior year's trend factor
percentage plus 3%.
(C-2) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2019 THROUGH DECEMBER 31, 2019, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 10% FROM THE 2018 EXPENDITURES. NO LESS
THAN 100% OF THE ANNUAL SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE
REDUCTION, COMPARED TO THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE,
SHALL BE USED FOR PROPERTY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES,
EFFECTIVE IN THE LOCAL GOVERNMENT'S 2020 FISCAL YEAR. THIS SECTION SHALL
NOT APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR MORE.
(C-3) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2020 THROUGH DECEMBER 31, 2020, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 20% FROM THE 2019 EXPENDITURES. NO LESS
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THAN 100% OF THE ANNUAL SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE
REDUCTION, COMPARED TO THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE,
SHALL BE USED FOR PROPERTY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES,
EFFECTIVE IN THE LOCAL GOVERNMENT'S 2021 FISCAL YEAR. THIS SECTION SHALL
NOT APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR MORE.
(C-4) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2021 THROUGH DECEMBER 31, 2021, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 30% FROM THE 2020 EXPENDITURES. NO LESS
THAN 100% OF THE ANNUAL SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE
REDUCTION, COMPARED TO THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE,
SHALL BE USED FOR PROPERTY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES,
EFFECTIVE IN THE LOCAL GOVERNMENT'S 2022 FISCAL YEAR. THIS SECTION SHALL
NOT APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR MORE.
(C-5) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2022 THROUGH DECEMBER 31, 2022, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 40% FROM THE 2021 EXPENDITURES. NO LESS
THAN 100% OF THE ANNUAL SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE
REDUCTION, COMPARED TO THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE,
SHALL BE USED FOR PROPERTY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES,
EFFECTIVE IN THE LOCAL GOVERNMENT'S 2023 FISCAL YEAR. THIS SECTION SHALL
NOT APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR MORE.
(C-6) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2023 THROUGH DECEMBER 31, 2023, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 50% FROM THE 2022 EXPENDITURES; AND SHALL
REMAIN ELIMINATED EACH YEAR THEREAFTER. NO LESS THAN 100% OF THE ANNUAL
SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE REDUCTION, COMPARED TO
THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE, SHALL BE USED FOR PROPER-
TY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES, EFFECTIVE IN THE LOCAL
GOVERNMENT'S 2024 FISCAL YEAR. THIS SECTION SHALL NOT APPLY TO A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
(C-7) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 60% FROM THE 2023 EXPENDITURES; AND SHALL
REMAIN ELIMINATED EACH YEAR THEREAFTER. NO LESS THAN 100% OF THE ANNUAL
SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE REDUCTION, COMPARED TO
THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE, SHALL BE USED FOR PROPER-
TY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES, EFFECTIVE IN THE LOCAL
GOVERNMENT'S 2025 FISCAL YEAR. THIS SECTION SHALL NOT APPLY TO A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
(C-8) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2025 THROUGH DECEMBER 31, 2025, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 70% FROM THE 2024 EXPENDITURES; AND SHALL
REMAIN ELIMINATED EACH YEAR THEREAFTER. NO LESS THAN 100% OF THE ANNUAL
SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE REDUCTION, COMPARED TO
THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE, SHALL BE USED FOR PROPER-
TY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES, EFFECTIVE IN THE LOCAL
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GOVERNMENT'S 2026 FISCAL YEAR. THIS SECTION SHALL NOT APPLY TO A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
(C-9) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2026 THROUGH DECEMBER 31, 2026, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 80% FROM THE 2025 EXPENDITURES; AND SHALL
REMAIN ELIMINATED EACH YEAR THEREAFTER. NO LESS THAN 100% OF THE ANNUAL
SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE REDUCTION, COMPARED TO
THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE, SHALL BE USED FOR PROPER-
TY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES, EFFECTIVE IN THE LOCAL
GOVERNMENT'S 2027 FISCAL YEAR. THIS SECTION SHALL NOT APPLY TO A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
(C-10) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2027 THROUGH DECEMBER 31, 2027, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 90% FROM THE 2026 EXPENDITURES; AND SHALL
REMAIN ELIMINATED EACH YEAR THEREAFTER. NO LESS THAN 100% OF THE ANNUAL
SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE REDUCTION, COMPARED TO
THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE, SHALL BE USED FOR PROPER-
TY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES, EFFECTIVE IN THE LOCAL
GOVERNMENT'S 2028 FISCAL YEAR. THIS SECTION SHALL NOT APPLY TO A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
(C-11) NOTWITHSTANDING THE PROVISIONS OF SECTION 368-A OF THE SOCIAL
SERVICES LAW, OR ANY OTHER PROVISION OF LAW, COMMENCING WITH THE PERIOD
JANUARY 1, 2028 THROUGH DECEMBER 31, 2028, CALENDAR YEAR SOCIAL SERVICES
DISTRICT MEDICAL ASSISTANCE EXPENDITURE AMOUNTS FOR EACH SOCIAL SERVICES
DISTRICT SHALL BE REDUCED BY 100% FROM THE 2027 EXPENDITURES; AND SHALL
REMAIN ELIMINATED EACH YEAR THEREAFTER. NO LESS THAN 100% OF THE ANNUAL
SAVINGS FROM THIS MEDICAL ASSISTANCE EXPENDITURE REDUCTION, COMPARED TO
THE PRIOR YEAR MEDICAL ASSISTANCE EXPENDITURE, SHALL BE USED FOR PROPER-
TY TAX LEVY REDUCTIONS, OR PROPERTY TAX REBATES, EFFECTIVE IN THE LOCAL
GOVERNMENT'S 2029 FISCAL YEAR. THIS SECTION SHALL NOT APPLY TO A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
(C-12) NOTWITHSTANDING THE PROVISIONS OF SECTION SEVEN OF THIS ACT,
ANY COUNTY THAT OPTED INTO THE LOCAL SALES TAX INTERCEPT METHODOLOGY
SHALL RECEIVE A PROPORTIONATE REDUCTION IN THE SALES TAX INTERCEPT AS
DESCRIBED IN SUBDIVISIONS (C-2), (C-3), (C-4), (C-5), (C-6), (C-7),
(C-8), (C-9), (C-10) AND (C-11) OF THIS SECTION AND USE THESE RECAPTURED
FUNDS FOR PROPERTY TAX REDUCTIONS IN THE SAME MANNER AS OTHER LOCAL
JURISDICTIONS AS DESCRIBED.
(C-13) THE MINIMUM AMOUNT OF ANNUAL PROPERTY TAX LEVY REDUCTIONS
RESULTING FROM SAVINGS ACHIEVED AS DEFINED IN SUBDIVISIONS (C-2), (C-3),
(C-4), (C-5), (C-6), (C-7), (C-8), (C-9), (C-10) AND (C-11) OF THIS
SECTION, SHALL BE DETERMINED BY THE STATE COMPTROLLER AND TRANSMITTED TO
EACH LOCAL GOVERNMENT ONE HUNDRED EIGHTY DAYS IN ADVANCE OF THE START OF
THE FISCAL YEAR FOR WHICH THE PROPERTY TAX REDUCTION IS TO BE EFFECTIVE.
§ 2. This act shall take effect immediately.
PART B
Section 1. Notwithstanding the provisions of part C of chapter 58 of
the laws of 2005 and section 368-a of the social services law, or any
other provision of law, in cities with a population of one million of
more:
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(a) commencing with the period January 1, 2019 through December 31,
2019, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 2.5%
from the 2018 expenditures. No less than 100% of the annual savings from
this medical assistance expenditure reduction, compared to the prior
year medical assistance expenditure, shall be used for property tax levy
reductions, or property tax rebates, effective in the local government's
2020 fiscal year;
(b) commencing with the period January 1, 2020 through December 31,
2020, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 5%
from the 2019 expenditures. No less than 100% of the annual savings from
this medical assistance expenditure reduction, compared to the prior
year medical assistance expenditure, shall be used for property tax levy
reductions, or property tax rebates, effective in the local government's
2021 fiscal year;
(c) commencing with the period January 1, 2021 through December 31,
2021, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 7.5%
from the 2020 expenditures. No less than 100% of the annual savings from
this medical assistance expenditure reduction, compared to the prior
year medical assistance expenditure, shall be used for property tax levy
reductions, or property tax rebates, effective in the local government's
2022 fiscal year;
(d) commencing with the period January 1, 2022 through December 31,
2022, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 10%
from the 2021 expenditures. No less than 100% of the annual savings from
this medical assistance expenditure reduction, compared to the prior
year medical assistance expenditure, shall be used for property tax levy
reductions, or property tax rebates, effective in the local government's
2023 fiscal year;
(e) commencing with the period January 1, 2023 through December 31,
2023, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 12.5%
from the 2022 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2024 fiscal
year;
(f) commencing with the period January 1, 2024 through December 31,
2024, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 15%
from the 2023 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2025 fiscal
year;
(g) commencing with the period January 1, 2025 through December 31,
2025, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 17.5%
from the 2024 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
A. 9901 7
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2026 fiscal
year;
(h) commencing with the period January 1, 2026 through December 31,
2026, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 20%
from the 2025 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2027 fiscal
year;
(i) commencing with the period January 1, 2027 through December 31,
2027, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 22.5%
from the 2026 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2028 fiscal
year;
(j) commencing with the period January 1, 2028 through December 31,
2028, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 25%
from the 2027 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2029 fiscal
year;
(k) commencing with the period January 1, 2029 through December 31,
2029, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 27.5%
from the 2028 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2030 fiscal
year;
(l) commencing with the period January 1, 2030 through December 31,
2030, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 30%
from the 2029 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2031 fiscal
year;
(m) commencing with the period January 1, 2031 through December 31,
2031, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 32.5%
from the 2030 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
A. 9901 8
property tax rebates, effective in the local government's 2032 fiscal
year;
(n) commencing with the period January 1, 2032 through December 31,
2032, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 35%
from the 2031 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2033 fiscal
year;
(o) commencing with the period January 1, 2033 through December 31,
2033, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 37.5%
from the 2032 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2034 fiscal
year;
(p) commencing with the period January 1, 2034 through December 31,
2034, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 40%
from the 2033 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2035 fiscal
year;
(q) commencing with the period January 1, 2035 through December 31,
2035, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 42.5%
from the 2034 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2036 fiscal
year;
(r) commencing with the period January 1, 2036 through December 31,
2036, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 45%
from the 2035 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2037 fiscal
year;
(s) commencing with the period January 1, 2037 through December 31,
2037, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 47.5%
from the 2036 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2038 fiscal
year;
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(t) commencing with the period January 1, 2038 through December 31,
2038, calendar year social services district medical assistance expendi-
ture amounts for each social services district shall be reduced by 50%
from the 2037 expenditures; and shall remain eliminated each year there-
after. No less than 100% of the annual savings from this medical assist-
ance expenditure reduction, compared to the prior year medical assist-
ance expenditure, shall be used for property tax levy reductions, or
property tax rebates, effective in the local government's 2039 fiscal
year.
§ 2. Notwithstanding the provisions of section seven of part C of
chapter 58 of the laws of 2005, any county that opted into the local
sales tax intercept methodology shall receive a proportionate reduction
in the sales tax intercept as described in section one of this act and
use those recaptured funds for property tax reductions in the same
manner as other local jurisdictions as described.
§ 3. The minimum amount of annual property tax levy reductions result-
ing from savings achieved as defined in section one of this act, shall
be determined by the state comptroller and transmitted to each local
government one hundred eighty days in advance of the start of the fiscal
year for which the property tax reduction is to be effective.
§ 4. This act shall take effect immediately.
PART C
Section 1. The social services law is amended by adding a new article
11-A to read as follows:
ARTICLE 11-A
COMMISSION TO REFORM PUBLIC ASSISTANCE BENEFITS
SECTION 500. DEFINITIONS.
501. COMMISSION TO REFORM PUBLIC ASSISTANCE BENEFITS.
502. POWERS AND DUTIES OF THE COMMISSION.
§ 500. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "COMMISSION" SHALL MEAN THE COMMISSION TO REFORM PUBLIC ASSISTANCE
BENEFITS ESTABLISHED PURSUANT TO THIS ARTICLE.
2. "PUBLIC ASSISTANCE BENEFITS" SHALL INCLUDE FAMILY ASSISTANCE, SAFE-
TY NET ASSISTANCE, VETERAN ASSISTANCE, MEDICAL ASSISTANCE FOR NEEDY
PERSONS, INSTITUTIONAL CARE FOR ADULTS, CHILD CARE GRANTED AT PUBLIC
EXPENSE, AND ANY OTHER FORM OF GOVERNMENTAL ASSISTANCE FOR INDIVIDUALS
AND/OR FAMILIES AS DETERMINED BY THE COMMISSION.
3. "REAL TAKE-HOME PAY" SHALL MEAN THE TOTAL AMOUNT OF INCOME FOR AN
INDIVIDUAL AND/OR FAMILY WHEN INCLUDING PUBLIC ASSISTANCE BENEFITS,
SALARY EARNED THROUGH EMPLOYMENT AND ANY OTHER FORM OF COMPENSATION.
§ 501. COMMISSION TO REFORM PUBLIC ASSISTANCE BENEFITS. 1. THERE IS
HEREBY CREATED THE COMMISSION TO REFORM PUBLIC ASSISTANCE BENEFITS,
WHICH SHALL CONSIST OF THE FOLLOWING SEVENTEEN MEMBERS WHO SHALL BE
APPOINTED WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION:
A. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE OR HIS OR HER DESIGNEE AND SHALL SERVE AS THE CHAIRPERSON OF THE
COMMISSION;
B. THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR
HIS OR HER DESIGNEE;
C. THE COMMISSIONER OF LABOR OR HIS OR HER DESIGNEE;
D. THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE;
E. THE DIRECTOR OF THE DIVISION OF BUDGET OR HIS OR HER DESIGNEE;
F. THREE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
G. THREE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
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H. THREE MEMBERS APPOINTED BY THE MINORITY LEADER OF THE SENATE;
I. THREE MEMBERS APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
2. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT PURSUANT TO THIS ARTI-
CLE. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICE, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS PURSUANT TO THIS ARTICLE.
A MEMBER OF THE COMMISSION MAY BE REMOVED BY THE APPOINTING AUTHORITY
ONLY FOR GOOD CAUSE, AFTER NOTICE AND OPPORTUNITY TO BE HEARD. VACANCIES
SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
§ 502. POWERS AND DUTIES OF THE COMMISSION. 1. THE COMMISSION SHALL
CONDUCT A STUDY TO EXAMINE THE CURRENT PAYMENT METHOD FOR PUBLIC ASSIST-
ANCE BENEFITS AND IDENTIFY ANY AND ALL INCOME LEVELS THAT EXIST WHERE AN
INDIVIDUAL OR FAMILY WOULD BECOME INELIGIBLE FOR ANY PUBLIC ASSISTANCE
BENEFIT.
A. THE COMMISSION MAY REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR
INFORMATION THE COMMISSION DEEMS REASONABLY NECESSARY TO CONDUCT THIS
STUDY.
B. THE COMMISSION SHALL, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF
THIS ACT, ISSUE A REPORT PROVIDING DETAILS ON THE RESULTS OF SUCH STUDY
TO THE GOVERNOR AND THE LEGISLATURE, AND THE REPORT SHALL ALSO BE MADE
WIDELY AVAILABLE TO THE PUBLIC VIA, AMONG OTHER THINGS, PUBLICATION ON A
WEBSITE MAINTAINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
2. BEGINNING WITHIN TEN DAYS AFTER THE ISSUANCE OF THE REPORT ISSUED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL HOLD
AT LEAST ONE PUBLIC HEARING IN EACH OF THE FOLLOWING REGIONS: LONG
ISLAND; NEW YORK CITY; HUDSON VALLEY; CAPITAL DISTRICT; NORTH COUNTRY;
CENTRAL NEW YORK; FINGER LAKES; WESTERN NEW YORK; AND SOUTHERN TIER.
A. DURING THE PUBLIC HEARINGS, THE COMMISSION SHALL HEAR THE TESTIMONY
OF VOLUNTARY WITNESSES, MAY COMPEL THE TESTIMONY OF WITNESSES AND MAY
REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR INFORMATION THE COMMISSION
DEEMS REASONABLY NECESSARY TO CARRY OUT ITS RESPONSIBILITIES.
B. AFTER REVIEW, STUDY, AND RECEIPT OF PUBLIC COMMENT, THE COMMISSION
SHALL ISSUE A REPORT WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE OF THIS ARTICLE THAT INCLUDES A NEW PAYMENT METHOD FOR PUBLIC
ASSISTANCE BENEFITS THAT ENSURES AN INDIVIDUAL'S OR FAMILY'S PUBLIC
ASSISTANCE BENEFITS ARE NOT ELIMINATED AT SPECIFIED INCOME LEVELS, BUT
RATHER DECREASED TO ENSURE AN INDIVIDUAL'S OR FAMILY'S REAL TAKE-HOME
PAY INCREASES AS A RESULT OF ANY INCREASE IN INCOME DUE TO EMPLOYMENT.
C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH PAYMENT METHOD AS
DETERMINED BY THE COMMISSION SHALL HAVE THE FORCE OF LAW UNLESS ACTED
UPON BY THE LEGISLATURE.
§ 2. This act shall take effect immediately.
PART D
Section 1. Paragraph 1 of subsection (d) of section 606 of the tax
law, as amended by section 1 of part Q of chapter 63 of the laws of
2000, is amended to read as follows:
(1) General. A taxpayer shall be allowed a credit as provided herein
equal to (i) the applicable percentage of the earned income credit
allowed under section thirty-two of the internal revenue code for the
same taxable year, (ii) reduced by the credit permitted under subsection
(b) of this section.
A. 9901 11
The applicable percentage shall be (i) seven and one-half percent for
taxable years beginning in nineteen hundred ninety-four, (ii) ten
percent for taxable years beginning in nineteen hundred ninety-five,
(iii) twenty percent for taxable years beginning after nineteen hundred
ninety-five and before two thousand, (iv) twenty-two and one-half
percent for taxable years beginning in two thousand, (v) twenty-five
percent for taxable years beginning in two thousand one, (vi) twenty-
seven and one-half percent for taxable years beginning in two thousand
two, [and] (vii) thirty percent for taxable years beginning in two thou-
sand three, AND (VIII) FORTY-FIVE PERCENT FOR TAXABLE YEARS BEGINNING IN
TWO THOUSAND EIGHTEEN and thereafter. Provided, however, that if the
reversion event, as defined in this paragraph, occurs, the applicable
percentage shall be twenty percent for taxable years ending on or after
the date on which the reversion event occurred. The reversion event
shall be deemed to have occurred on the date on which federal action,
including but not limited to, administrative, statutory or regulatory
changes, materially reduces or eliminates New York state's allocation of
the federal temporary assistance for needy families block grant, or
materially reduces the ability of the state to spend federal temporary
assistance for needy families block grant funds for the earned income
credit or to apply state general fund spending on the earned income
credit toward the temporary assistance for needy families block grant
maintenance of effort requirement, and the commissioner of the office of
temporary and disability assistance shall certify the date of such event
to the commissioner of taxation and finance, the director of the divi-
sion of the budget, the speaker of the assembly and the temporary presi-
dent of the senate.
§ 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2018.
PART E
Section 1. Section 686 of the tax law is amended by adding a new
subsection (j) to read as follows:
(J) EARNED INCOME TAX CREDIT.--A TAXPAYER ELIGIBLE TO RECEIVE AN
EARNED INCOME TAX CREDIT PURSUANT TO SUBSECTION (D) OF SECTION SIX
HUNDRED SIX OF THIS ARTICLE OR AN ENHANCED EARNED INCOME TAX CREDIT
PURSUANT TO SUBSECTION (D-1) OF SECTION SIX HUNDRED SIX OF THIS ARTICLE
SHALL BE PRESCRIBED THE OPTION TO RECEIVE SUCH CREDIT IN THE FOLLOWING
MANNER: (I) FOR AMOUNTS EQUAL TO OR LESS THAN TWO HUNDRED DOLLARS, THE
PAYMENT OR REFUND SHALL BE MADE IN A LUMP SUM, (II) FOR AMOUNTS IN
EXCESS OF TWO HUNDRED DOLLARS AND LESS THAN TWO THOUSAND FOUR HUNDRED
DOLLARS, THE PAYMENT OR REFUND SHALL BE TWO HUNDRED DOLLARS A MONTH FOR
THE NUMBER OF MONTHS EQUAL TO THE TOTAL AMOUNT THEREOF DIVIDED BY TWO
HUNDRED AND ROUNDED DOWN TO THE NEAREST WHOLE NUMBER, AND THE REMAINING
BALANCE OF SUCH PAYMENT OR REFUND SHALL BE MADE IN THE FIRST MONTH THER-
EAFTER, AND (III) FOR AMOUNTS EQUAL TO OR GREATER THAN TWO THOUSAND FOUR
HUNDRED DOLLARS, THE PAYMENT OR REFUND SHALL BE PAID IN EQUAL MONTHLY
PAYMENTS EQUAL TO THE TOTAL AMOUNT THEREOF DIVIDED BY TWELVE.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the commissioner of
taxation and finance is authorized to make any addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date on or before such date.
PART F
A. 9901 12
Section 1. Subparagraph 1 of subsection (c) of section 606 of the tax
law, as amended by section 1 of part M of chapter 63 of the laws of
2000, is amended to read as follows:
(1) A taxpayer shall be allowed a credit as provided herein equal to
the applicable percentage of the credit allowable under section twenty-
one of the internal revenue code for the same taxable year (without
regard to whether the taxpayer in fact claimed the credit under such
section twenty-one for such taxable year). The applicable percentage
shall be the sum of (i) [twenty] SIXTY-TWO percent and (ii) a multiplier
multiplied by a fraction. For taxable years beginning in nineteen
hundred ninety-six and nineteen hundred ninety-seven, the numerator of
such fraction shall be the lesser of (i) four thousand dollars or (ii)
fourteen thousand dollars less the New York adjusted gross income for
the taxable year, provided, however, the numerator shall not be less
than zero. For the taxable year beginning in nineteen hundred ninety-
eight, the numerator of such fraction shall be the lesser of (i) thir-
teen thousand dollars or (ii) thirty thousand dollars less the New York
adjusted gross income for the taxable year, provided, however, the
numerator shall not be less than zero. For taxable years beginning in
nineteen hundred ninety-nine, the numerator of such fraction shall be
the lesser of (i) fifteen thousand dollars or (ii) fifty thousand
dollars less the New York adjusted gross income for the taxable year,
provided, however, the numerator shall not be less than zero. For taxa-
ble years beginning after nineteen hundred ninety-nine, the numerator of
such fraction shall be the lesser of (i) fifteen thousand dollars or
(ii) sixty-five thousand dollars less the New York adjusted gross income
for the taxable year, provided, however, the numerator shall not be less
than zero. The denominator of such fraction shall be four thousand
dollars for taxable years beginning in nineteen hundred ninety-six and
nineteen hundred ninety-seven, thirteen thousand dollars for the taxable
year beginning in nineteen hundred ninety-eight, and fifteen thousand
dollars for taxable years beginning after nineteen hundred ninety-eight.
The multiplier shall be ten percent for taxable years beginning in nine-
teen hundred ninety-six, forty percent for taxable years beginning in
nineteen hundred ninety-seven, [and] eighty percent for taxable years
beginning [after nineteen hundred ninety-seven] IN NINETEEN HUNDRED
NINETY-EIGHT, AND ONE HUNDRED THIRTY-EIGHT PERCENT FOR TAXABLE YEARS
BEGINNING AFTER TWO THOUSAND EIGHTEEN. Provided, however, for taxable
years beginning after nineteen hundred ninety-nine, for a person whose
New York adjusted gross income is less than forty thousand dollars, such
applicable percentage shall be equal to (i) one hundred percent, plus
(ii) ten percent multiplied by a fraction whose numerator shall be the
lesser of (i) fifteen thousand dollars or (ii) forty thousand dollars
less the New York adjusted gross income for the taxable year, provided
such numerator shall not be less than zero, and whose denominator shall
be fifteen thousand dollars. PROVIDED, HOWEVER, FOR TAXABLE YEARS
BEGINNING AFTER TWO THOUSAND EIGHTEEN, FOR A PERSON WHOSE NEW YORK
ADJUSTED GROSS INCOME IS LESS THAN FORTY THOUSAND DOLLARS, SUCH APPLICA-
BLE PERCENTAGE SHALL BE EQUAL TO (I) TWO HUNDRED PERCENT, PLUS (II)
TWENTY PERCENT MULTIPLIED BY A FRACTION WHOSE NUMERATOR SHALL BE THE
LESSER OF (I) FIFTEEN THOUSAND DOLLARS OR (II) FORTY THOUSAND DOLLARS
LESS THE NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR, PROVIDED
SUCH NUMERATOR SHALL NOT BE LESS THAN ZERO, AND WHOSE DENOMINATOR SHALL
BE FIFTEEN THOUSAND DOLLARS. Provided, further, that if the reversion
event, as defined in this paragraph, occurs, the applicable percentage
shall, for taxable years ending on or after the date on which the rever-
A. 9901 13
sion event occurred, be determined using the rules specified in this
paragraph applicable to taxable years beginning in nineteen hundred
ninety-nine. The reversion event shall be deemed to have occurred on the
date on which federal action, including but not limited to, administra-
tive, statutory or regulatory changes, materially reduces or eliminates
New York state's allocation of the federal temporary assistance for
needy families block grant, or materially reduces the ability of the
state to spend federal temporary assistance for needy families block
grant funds for the credit for certain household and dependent care
services necessary for gainful employment or to apply state general fund
spending on the credit for certain household and dependent care services
necessary for gainful employment toward the temporary assistance for
needy families block grant maintenance of effort requirement, and the
commissioner of the office of temporary and disability assistance shall
certify the date of such event to the commissioner, the director of the
division of the budget, the speaker of the assembly and the temporary
president of the senate.
§ 2. Paragraph 1-a of subsection (c) of section 606 of the tax law is
REPEALED.
§ 3. This act shall take effect immediately.
PART G
Section 1. Subdivision 1 of section 590 of the labor law, as amended
by chapter 645 of the laws of 1951, is amended to read as follows:
1. Entitlement to benefits. A claimant shall be entitled to accumulate
effective days for the purpose of benefit rights only if he has complied
with the provisions of this article regarding the filing of his claim,
including the filing of a valid original claim, registered as totally
unemployed OR PARTIALLY EMPLOYED PURSUANT TO SECTION FIVE HUNDRED NINE-
TY-A OF THIS TITLE, reported his subsequent employment and unemployment,
and reported for work or otherwise given notice of the continuance of
his unemployment.
§ 2. The labor law is amended by adding a new section 590-a to read as
follows:
§ 590-A. REDUCTIONS IN UNEMPLOYMENT BENEFITS DUE TO PART-TIME WORK. 1.
ENTITLEMENT TO BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, ANY CLAIMANT WHO ACCEPTS PART-TIME WORK SHALL BE ELIGIBLE
TO COLLECT PARTIAL UNEMPLOYMENT PURSUANT TO THIS SECTION PROVIDED SUCH
CLAIMANT MEETS THE CRITERIA OUTLINED IN THIS SECTION.
2. REPORTING PART-TIME EMPLOYMENT. A CLAIMANT COLLECTING UNEMPLOYMENT
WHO IS PAID FOR PART-TIME EMPLOYMENT WHILE COLLECTING UNEMPLOYMENT SHALL
BE REQUIRED TO REPORT DURING EACH COMPENSABLE PERIOD THE AMOUNT OF MONEY
EARNED FROM SUCH PART-TIME WORK.
3. BENEFIT RATE. A CLAIMANT'S UNEMPLOYMENT BENEFIT SHALL BE REDUCED BY
FIFTY PERCENT OF THE PART-TIME INCOME DURING A COMPENSABLE PERIOD, IN A
MANNER DETERMINED BY THE COMMISSIONER.
4. PENALTIES FOR FALSE OR INACCURATE REPORTING. THE PROVISIONS OF
SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE SHALL CONTROL SHOULD A
CLAIMANT INACCURATELY REPORT OR FAIL TO REPORT THE AMOUNT OF PART-TIME
WAGES EARNED DURING ANY COMPENSABLE PERIOD.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however that the commissioner of labor may
promulgate any rules or regulations necessary for the implementation of
this act prior to such effective date.
A. 9901 14
PART H
Section 1. The state finance law is amended by adding a new section
54-n to read as follows:
§ 54-N. AID TO LOCAL GOVERNMENTS FOR REAL PROPERTY TAX. 1. DEFI-
NITIONS. AS USED IN THIS SECTION:
(A) THE TERM "FREEZE-COMPLIANT BUDGET" MEANS A BUDGET OF A TAXING
JURISDICTION THAT HAS ZERO PERCENT GROWTH OF THE REAL PROPERTY TAX LEVY.
(B) THE TERMS "INDEPENDENT SPECIAL DISTRICT" AND "DEPENDENT SCHOOL
DISTRICT" HAVE THE SAME MEANINGS AS SET FORTH IN SECTION THREE-D OF THE
GENERAL MUNICIPAL LAW.
(C) THE TERM "TAXING JURISDICTION" MEANS A COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT OR AN INDEPENDENT SPECIAL DISTRICT; EXCEPT THAT
SUCH TERM SHALL NOT INCLUDE A CITY WITH A POPULATION OF ONE MILLION OR
MORE, NOR SHALL IT INCLUDE A COUNTY WHOLLY LOCATED WITHIN SUCH A CITY.
(D) THE TERM "TAX LEVY LIMIT" MEANS THE ALLOWABLE LEVY GROWTH FACTOR
FOR A TAXING JURISDICTION, AS DETERMINED PURSUANT TO SECTION THREE-C OF
THE GENERAL MUNICIPAL LAW OR SECTION TWO THOUSAND TWENTY-THREE-A OF THE
EDUCATION LAW.
(E) THE TERM "COMING FISCAL YEAR" MEANS THE FISCAL YEAR OF THE TAXING
JURISDICTION FOR WHICH A TAX LEVY LIMIT SHALL BE DETERMINED, AS DETER-
MINED PURSUANT TO SECTION THREE-C OF THE GENERAL MUNICIPAL LAW OR
SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION LAW.
2. THE STATE SHALL PROVIDE AID TO A TAXING JURISDICTION THAT ENACTS A
FREEZE-COMPLIANT BUDGET FOR THE COMING FISCAL YEAR EQUAL TO TWO PERCENT
OF A TAXING JURISDICTION'S PRIOR FISCAL YEAR LEVY. SUBJECT TO THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, SUCH AID SHALL BE
DETERMINED AS FOLLOWS:
(A) IF A TAXING JURISDICTION OTHER THAN A DEPENDENT SCHOOL DISTRICT
HAS NOT PREVIOUSLY RECEIVED AID PURSUANT TO THIS ACT AND HAS A FREEZE-
COMPLIANT BUDGET FOR ITS COMING FISCAL YEAR, AID EQUAL TO TWO PERCENT OF
THE TAXING JURISDICTION'S PRIOR FISCAL YEAR LEVY WILL BE PROVIDED.
(B) IF A TAXING JURISDICTION OTHER THAN A DEPENDENT SCHOOL DISTRICT
HAS PREVIOUSLY RECEIVED AID PURSUANT TO THIS CHAPTER, THE TAXING JURIS-
DICTION SHALL CONTINUE TO RECEIVE THE AID AMOUNT DESIGNATED IN PARAGRAPH
(A) OF THIS SUBDIVISION FOR EACH FISCAL YEAR THE TAXING JURISDICTION
ENACTED A FREEZE-COMPLIANT BUDGET.
3. THE FOLLOWING SHALL APPLY TO THE CALCULATION OF THE STATE AID FOR
COUNTIES PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR COUNTIES THAT
QUALIFY FOR THE AID PURSUANT TO SUBDIVISION TWO OF THIS SECTION, STATE
AID SHALL BE CALCULATED AFTER TAKING INTO ACCOUNT THE REDUCED COUNTY
PROPERTY TAX LEVY PROVISIONS FOUND IN PARAGRAPH (IV) OF SUBDIVISION (C)
OF SECTION ONE OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOU-
SAND FIVE, HAS BEEN SUBTRACTED FROM THE PRIOR YEAR LEVY.
§ 2. The education law is amended by adding a new section 2023-c to
read as follows:
§ 2023-C. CERTIFICATION OF COMPLIANCE WITH STATE AID TO LOCAL GOVERN-
MENTS FOR REAL PROPERTY. A SCHOOL DISTRICT THAT IS SUBJECT TO THE
PROVISIONS OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS ARTICLE MUST
COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION IN ORDER
TO BE ELIGIBLE FOR THE AID AUTHORIZED BY SECTION FIFTY-FOUR-N OF THE
STATE FINANCE LAW.
1. DEFINITION. AS USED IN THIS SECTION: "ELIGIBLE SCHOOL DISTRICT"
MEANS A SCHOOL DISTRICT THAT IS SUBJECT TO SECTION TWO THOUSAND TWENTY-
THREE-A OF THIS ARTICLE, BUT SHALL NOT MEAN A SCHOOL DISTRICT THAT IS
SUBJECT TO ARTICLE FIFTY-TWO OF THIS CHAPTER.
A. 9901 15
2. CERTIFICATION OF COMPLIANCE WITH TAX LEVY LIMIT. (A) UPON THE
ADOPTION OF THE BUDGET OF AN ELIGIBLE SCHOOL DISTRICT, THE CHIEF EXECU-
TIVE OFFICER OF SUCH SCHOOL DISTRICT SHALL CERTIFY TO THE STATE COMP-
TROLLER, THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMMISSIONER
THAT THE BUDGET SO ADOPTED DOES NOT EXCEED THE ZERO PERCENT GROWTH
PRESCRIBED BY SECTION FIFTY-FOUR-N OF THE STATE FINANCE LAW. SUCH
CERTIFICATION SHALL BE MADE IN A FORM AND MANNER PRESCRIBED BY THE STATE
COMPTROLLER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMMISSIONER.
(B) IN ORDER FOR SUCH CERTIFICATION TO GIVE RISE TO THE AID UNDER
SECTION FIFTY-FOUR-N OF THE STATE FINANCE LAW, SUCH CERTIFICATION SHALL
BE MADE NO LATER THAN THE TWENTY-FIRST DAY OF THE FISCAL YEAR TO WHICH
IT APPLIES.
(C) IF SUCH A CERTIFICATION HAS BEEN MADE AND THE ACTUAL TAX LEVY OF
THE SCHOOL DISTRICT EXCEEDS ZERO PERCENT GROWTH, THE EXCESS AMOUNT SHALL
BE PLACED IN RESERVE AND USED IN THE MANNER PRESCRIBED BY SUBDIVISION
FIVE OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS ARTICLE.
(D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EVERY SCHOOL
DISTRICT THAT IS SUBJECT TO THE PROVISIONS OF SECTION TWO THOUSAND TWEN-
TY-THREE-A OF THIS ARTICLE SHALL REPORT BOTH ITS PROPOSED BUDGET AND ITS
ADOPTED BUDGET TO THE STATE COMPTROLLER AND THE COMMISSIONER AT THE TIME
AND IN THE MANNER AS THEY MAY PRESCRIBE, WHETHER OR NOT SUCH BUDGET HAS
BEEN OR WILL BE CERTIFIED AS PROVIDED BY THIS SUBDIVISION.
(E) THE DIRECTOR OF THE BUDGET SHALL REVIEW THE DOCUMENTS REFERRED TO
IN PARAGRAPH A OF THIS SUBDIVISION TO DETERMINE WHETHER THE REQUIREMENTS
OF SECTION FIFTY-FOUR-N OF THE STATE FINANCE LAW HAVE BEEN MET WITH
RESPECT TO AN ELIGIBLE SCHOOL DISTRICT AND SHALL DETERMINE THE TOTAL AID
PAYMENT AMOUNT FOR THAT FISCAL YEAR.
§ 3. The general municipal law is amended by adding a new section 3-e
to read as follows:
§ 3-E. CERTIFICATION OF COMPLIANCE WITH STATE AID TO LOCAL GOVERNMENTS
FOR REAL PROPERTY. 1. A LOCAL GOVERNMENT THAT IS SUBJECT TO THE
PROVISIONS OF SECTION THREE-C OF THIS ARTICLE MUST COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION TWO OF SECTION FIFTY-FOUR-N OF THE STATE
FINANCE LAW IN ORDER TO BE ELIGIBLE FOR AID AUTHORIZED BY SECTION
FIFTY-FOUR-N OF THE STATE FINANCE LAW.
2. CERTIFICATION OF COMPLIANCE WITH TAX LEVY LIMIT. (A) UPON THE
ADOPTION OF THE BUDGET OF A LOCAL GOVERNMENT UNIT, THE CHIEF EXECUTIVE
OFFICER OR BUDGET OFFICER OF SUCH LOCAL GOVERNMENT UNIT SHALL CERTIFY TO
THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE THAT
THE BUDGET SO ADOPTED DOES NOT EXCEED THE ZERO PERCENT GROWTH PRESCRIBED
BY SECTION FIFTY-FOUR-N OF THE STATE FINANCE LAW. SUCH CERTIFICATION
SHALL BE MADE IN A FORM AND MANNER PRESCRIBED BY THE STATE COMPTROLLER
IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE. SUCH
CERTIFICATION SHALL BE MADE IN A FORM AND MANNER PRESCRIBED BY THE STATE
COMPTROLLER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND
FINANCE. FOR THE PURPOSES OF THIS SECTION, A LOCAL GOVERNMENT UNIT MEANS
A MUNICIPAL CORPORATION OR AN INDEPENDENT SPECIAL DISTRICT THAT IS
SUBJECT TO THE PROVISIONS OF SECTION THREE-C OF THIS ARTICLE.
(B) IN ORDER FOR SUCH CERTIFICATION TO GIVE RISE TO THE AID UNDER
SECTION FIFTY-FOUR-N OF THE STATE FINANCE LAW, SUCH CERTIFICATION SHALL
BE MADE NO LATER THAN THE TWENTY-FIRST DAY OF THE FISCAL YEAR TO WHICH
IT APPLIES.
(C) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IF SUCH A CERTIF-
ICATION HAS BEEN MADE AND THE ACTUAL TAX LEVY OF THE LOCAL GOVERNMENT
UNIT EXCEEDS THE APPLICABLE ZERO PERCENT GROWTH, THE EXCESS AMOUNT SHALL
A. 9901 16
BE PLACED IN RESERVE AND USED IN THE MANNER PRESCRIBED BY SUBDIVISION
SIX OF SECTION THREE-C OF THIS ARTICLE.
(D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EVERY LOCAL
GOVERNMENT UNIT SHALL REPORT BOTH ITS PROPOSED BUDGET AND ITS ADOPTED
BUDGET TO THE OFFICE OF THE STATE COMPTROLLER AT THE TIME AND IN THE
MANNER AS HE OR SHE MAY PRESCRIBE, WHETHER OR NOT SUCH BUDGET HAS BEEN
OR WILL BE CERTIFIED AS PROVIDED BY THIS SUBDIVISION.
§ 4. This act shall take effect immediately.
PART I
Section 1. The general municipal law is amended by adding a new arti-
cle twelve-I to read as follows:
ARTICLE 12-I
REAL PROPERTY TAX REDESIGN TEAM
SECTION 239-AAA. CREATION OF THE REAL PROPERTY TAX REDESIGN TEAM.
§ 239-AAA. CREATION OF THE REAL PROPERTY TAX REDESIGN TEAM. 1. THERE
IS HEREBY ESTABLISHED THE REAL PROPERTY TAX REDESIGN TEAM, WHICH SHALL
CONSIST OF TWENTY MEMBERS APPOINTED BY THE GOVERNOR. AS USED IN THIS
ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "STATE OFFICER OR EMPLOYEE" SHALL HAVE THE SAME MEANING AS GIVEN IN
SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
B. "LOCAL GOVERNMENT" SHALL MEAN COUNTY, CITY, TOWN, VILLAGE OR
SPECIAL DISTRICT;
C. "SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION FREE, CENTRAL, CITY OR
CENTRAL HIGH SCHOOL DISTRICT;
D. "MANDATE" SHALL MEAN (I) ANY LEGAL REQUIREMENT THAT A LOCAL GOVERN-
MENT OR SCHOOL DISTRICT PROVIDE OR UNDERTAKE ANY PROGRAM, PROJECT OR
ACTIVITY, OR INCREASE SPENDING FOR AN EXISTING PROGRAM, PROJECT, REGU-
LATION OR ACTIVITY ON BEHALF OF NEW YORK STATE; OR (II) ANY LEGAL
REQUIREMENT THAT A LOCAL GOVERNMENT OR SCHOOL DISTRICT GRANT A NEW PROP-
ERTY TAX EXEMPTION OR BROADEN THE ELIGIBILITY, OR INCREASE THE VALUE OF
AN EXISTING PROPERTY TAX EXEMPTION; OR (III) ANY LEGAL REQUIREMENT THAT
OTHERWISE WOULD LIKELY HAVE THE EFFECT OF RAISING PROPERTY TAXES.
2. THE MEMBERS OF THE TEAM SHALL INCLUDE: STATE OFFICERS OR EMPLOYEES
WITH RELEVANT EXPERTISE; TWO MEMBERS OF THE NEW YORK STATE ASSEMBLY, ONE
RECOMMENDED BY THE SPEAKER OF THE ASSEMBLY AND ONE RECOMMENDED BY THE
MINORITY LEADER OF THE ASSEMBLY; TWO MEMBERS OF THE NEW YORK STATE
SENATE, ONE RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE
RECOMMENDED BY THE MINORITY LEADER OF THE SENATE; AND STAKEHOLDERS WITH
EXPERTISE IN THE AREAS OF:
A. LOCAL GOVERNMENTS;
B. SCHOOL DISTRICTS;
C. BUSINESSES;
D. PROPERTY TAX ASSESSMENT;
E. LOCAL GOVERNMENT BUDGETING;
F. ECONOMIC DEVELOPMENT; AND
G. OTHER RELEVANT AREAS.
3. VACANCIES SHALL BE FILLED BY THE GOVERNOR. MEMBERS OF THE TEAM
SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
4. THE GOVERNOR SHALL DESIGNATE A CHAIR OR CO-CHAIRS FROM AMONG THE
MEMBERS OF THE TEAM.
5. THE DIRECTOR OF THE BUDGET SHALL SERVE AS AN EX-OFFICIO, NON-VOTING
MEMBER OF THE TEAM.
6. THE DUTIES AND OBLIGATIONS OF THE REAL PROPERTY TAX REDESIGN TEAM
SHALL CONSIST OF MAKING COSTS SAVINGS RECOMMENDATIONS REGARDING THE
A. 9901 17
STRUCTURE OF THE NEW YORK STATE PROPERTY TAX SYSTEM AND THE ADMINIS-
TRATION OF MANDATED PROGRAMS. THE REAL PROPERTY TAX REDESIGN TEAM SHALL:
A. THROUGH THE APPROVAL OF A MAJORITY OF ITS TOTAL MEMBERS, DEVELOP
RECOMMENDATIONS THAT RESULT IN ANNUAL RECURRING SAVINGS OF AT LEAST FIVE
HUNDRED MILLION DOLLARS;
B. SOLICIT AND CONSIDER INPUT FROM A BROAD AND DIVERSE RANGE OF
GROUPS, ORGANIZATIONS AND INDIVIDUALS WITH INTEREST OR EXPERTISE IN THE
REDESIGN OR IMPLEMENTATION OF REAL PROPERTY TAXES IN NEW YORK TO ASSIST
IN THE DEVELOPMENT OF COST SAVINGS RECOMMENDATIONS; AND
C. CONVENE WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE
AND CONTINUE TO CONVENE TWICE EVERY MONTH THEREAFTER FOR A PERIOD NOT TO
EXCEED ONE YEAR.
7. THE TEAM SHALL SUBMIT A FINAL REPORT ONE YEAR AFTER THE FIRST MEET-
ING OF THE TEAM TO THE SENATE, ASSEMBLY AND GOVERNOR FOR CONSIDERATION
IN THE FOLLOWING FISCAL YEAR'S STATE BUDGET. THE REPORT SHALL CONSIST
OF:
A. SPECIFIC COST SAVINGS WITH A RECOMMENDED PROCEDURE FOR IMPLEMENTA-
TION;
B. ANY NECESSARY ACTIONS TO BE TAKEN BY THE STATE LEGISLATURE, LOCAL
GOVERNMENTS OR SCHOOL DISTRICTS FOR EACH RECOMMENDATION;
C. RECURRING ANNUAL SAVINGS OF EACH RECOMMENDATION; AND
D. THE TOTAL RECURRING ANNUAL SAVINGS FOR ALL RECOMMENDATIONS.
§ 2. This act shall take effect immediately and shall be deemed
repealed five years after it shall have become a law.
PART J
Section 1. The general municipal law is amended by adding a new
section 3-f to read as follows:
§ 3-F. LIMITATION UPON REAL PROPERTY TAX LEVIES BY CITIES HAVING A
POPULATION OF ONE MILLION OR MORE. 1. UNLESS OTHERWISE PROVIDED BY LAW,
THE AMOUNT OF REAL PROPERTY TAXES THAT MAY BE LEVIED BY OR ON BEHALF OF
ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL NOT EXCEED THE
TAX LEVY LIMITATION ESTABLISHED PURSUANT TO THIS SECTION.
2. WHEN USED IN THIS SECTION:
(A) "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
TWO ONE-HUNDREDTHS; OR (II) THE SUM OF ONE PLUS THE INFLATION FACTOR;
PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE LESS
THAN ONE.
(B) "APPROVED CAPITAL EXPENDITURES" MEANS THE EXPENDITURES ASSOCIATED
WITH CAPITAL PROJECTS THAT HAVE BEEN APPROVED BY THE QUALIFIED VOTERS OF
THE LOCAL GOVERNMENT.
(C) "AVAILABLE CARRYOVER" MEANS THE SUM OF THE AMOUNT BY WHICH THE TAX
LEVY FOR THE PRIOR FISCAL YEAR WAS BELOW THE TAX LEVY LIMIT FOR SUCH
FISCAL YEAR, IF ANY, BUT NO MORE THAN ONE AND ONE-HALF PERCENT OF THE
TAX LEVY LIMIT FOR SUCH FISCAL YEAR.
(D) "CAPITAL TAX LEVY" MEANS THE TAX LEVY NECESSARY TO SUPPORT CAPITAL
EXPENDITURES, IF ANY.
(E) "COMING FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
FOR WHICH A TAX LEVY LIMITATION SHALL BE DETERMINED PURSUANT TO THIS
SECTION.
(F) "INFLATION FACTOR" MEANS THE QUOTIENT OF: (I) THE AVERAGE OF THE
NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
MENT OF LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE
START OF THE COMING FISCAL YEAR MINUS THE AVERAGE OF THE NATIONAL
CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPARTMENT OF
A. 9901 18
LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
OF THE PRIOR FISCAL YEAR, DIVIDED BY: (II) THE AVERAGE OF THE NATIONAL
CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPARTMENT OF
LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
OF THE PRIOR FISCAL YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO FOUR
PLACES.
(G) "LOCAL GOVERNMENT" MEANS A CITY HAVING A POPULATION OF ONE MILLION
OR MORE.
(H) "PRIOR FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
IMMEDIATELY PRECEDING THE COMING FISCAL YEAR.
(I) "TAX LEVY LIMITATION" MEANS THE AMOUNT OF TAXES A LOCAL GOVERNMENT
IS AUTHORIZED TO LEVY PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT
THE TAX LEVY LIMIT SHALL NOT INCLUDE THE LOCAL GOVERNMENT'S APPROVED
CAPITAL TAX LEVY, IF ANY.
3. (A) BEGINNING WITH THE FISCAL YEAR THAT BEGINS IN TWO THOUSAND
NINETEEN, NO LOCAL GOVERNMENT SHALL ADOPT A BUDGET THAT REQUIRES A TAX
LEVY THAT IS GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING FISCAL
YEAR.
(B) THE STATE COMPTROLLER SHALL CALCULATE THE TAX LEVY LIMITATION FOR
EACH LOCAL GOVERNMENT BY THE ONE HUNDRED TWENTIETH DAY PRECEDING THE
COMMENCEMENT OF EACH LOCAL GOVERNMENT'S FISCAL YEAR, AND SHALL NOTIFY
EACH LOCAL GOVERNMENT OF THE TAX LEVY LIMITATION SO DETERMINED.
(C) THE TAX LEVY LIMITATION APPLICABLE TO THE COMING FISCAL YEAR SHALL
BE DETERMINED AS FOLLOWS:
(I) ASCERTAIN THE TOTAL AMOUNT OF TAXES LEVIED FOR THE PRIOR FISCAL
YEAR.
(II) ADD ANY PAYMENTS IN LIEU OF TAXES THAT WERE RECEIVABLE IN THE
PRIOR FISCAL YEAR.
(III) SUBTRACT THE APPROVED CAPITAL TAX LEVY FOR THE PRIOR FISCAL
YEAR, IF ANY.
(IV) SUBTRACT THE LEVY ATTRIBUTABLE TO A LARGE LEGAL SETTLEMENT OF A
TORT ACTION EXCLUDED FROM THE LEVY LIMITATION IN THE PRIOR FISCAL YEAR,
IF ANY.
(V) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
(VI) SUBTRACT ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE IN THE COMING
FISCAL YEAR.
(VII) ADD THE AVAILABLE CARRYOVER, IF ANY.
(D) IN THE EVENT THE CITY COUNCIL OF A LOCAL GOVERNMENT HAS APPROVED A
LEGAL SETTLEMENT OF A TORT ACTION AGAINST THE GOVERNMENT, THE ANNUAL
COSTS OF WHICH EXCEED TEN PERCENT OF THE PROPERTY TAXES LEVIED BY THE
LOCAL GOVERNMENT IN THE PRIOR FISCAL YEAR, THE STATE COMPTROLLER, UPON
APPLICATION BY THE LOCAL GOVERNMENT, MAY ADJUST THE TAX LEVY LIMITATION
FOR THE COMING FISCAL YEAR APPLICABLE TO SUCH LOCAL GOVERNMENT, BY
ADDING THE ANNUAL COSTS OF SUCH SETTLEMENT TO THE TAX LEVY LIMITATION.
(E) THE STATE COMPTROLLER SHALL DETERMINE THE PORTION OF THE TAX LEVY
OF EACH LOCAL GOVERNMENT THAT IS ATTRIBUTABLE TO ANY INCREASE OR
DECREASE OVER THE PRIOR YEAR IN THE COST OF THE LOCAL GOVERNMENT SHARE
OF DIRECT CASH ASSISTANCE TO PERSONS ELIGIBLE FOR THE FEDERAL-STATE-LO-
CAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES PROGRAM OR THE STATE-LOCAL
SAFETY NET ASSISTANCE PROGRAM AND SHALL ADJUST THE TAX LEVY LIMITATION
FOR SUCH LOCAL GOVERNMENT TO REFLECT SUCH CHANGE.
4. A LOCAL GOVERNMENT MAY ADOPT A BUDGET THAT REQUIRES A TAX LEVY THAT
IS GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING FISCAL YEAR ONLY
IF THE CITY COUNCIL OF SUCH LOCAL GOVERNMENT FIRST ENACTS, BY A TWO-
THIRDS VOTE OF THE TOTAL VOTING POWER OF SUCH CITY COUNCIL, A LOCAL LAW
TO OVERRIDE SUCH LIMITATION FOR SUCH COMING FISCAL YEAR ONLY.
A. 9901 19
5. IN THE EVENT A LOCAL GOVERNMENT'S ACTUAL TAX LEVY FOR A GIVEN
FISCAL YEAR EXCEEDS THE MAXIMUM ALLOWABLE LEVY AS ESTABLISHED PURSUANT
TO THIS SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE LOCAL GOVERN-
MENT SHALL PLACE THE EXCESS AMOUNT OF THE LEVY IN RESERVE IN ACCORDANCE
WITH SUCH REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL
USE SUCH FUNDS AND ANY INTEREST EARNED THEREON TO OFFSET THE TAX LEVY
FOR THE ENSUING FISCAL YEAR.
§ 2. Paragraphs j and k of subdivision 2 of section 23 of the munici-
pal home rule law are relettered paragraphs k and l, and a new paragraph
j is added to read as follows:
J. OVERRIDES THE TAX LEVY LIMITATION APPLICABLE FOR THE COMING FISCAL
YEAR IN ACCORDANCE WITH SECTION THREE-F OF THE GENERAL MUNICIPAL LAW.
§ 3. This act shall take effect immediately and shall first apply to
the levy of taxes by local governments for the fiscal year that begins
in 2019.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through J of this act shall be
as specifically set forth in the last section of such Parts.