S T A T E O F N E W Y O R K
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10549
I N A S S E M B L Y
May 29, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin,
Galef, Abinanti, Buchwald, Jaffee, Otis, Pretlow, Zebrowski) -- read
once and referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to surplus funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1318 of the real property tax law,
as amended by chapter 238 of the laws of 2007, is amended to read as
follows:
1. The warrant of the collecting officer shall be signed by the trus-
tee, or the trustees, or a majority of them, or the board of education
or a majority thereof. Such warrant shall state the amount of unexpended
surplus funds in the custody of the board and shall further state that
except as authorized or required by law, such unexpended surplus funds
have been applied in determining the amount of the school tax levy. For
the two thousand seven--two thousand eight school year, surplus funds as
used in this subdivision shall mean any operating funds in excess of
three percent of the current school year budget, and shall not include
funds properly retained under other sections of law; PROVIDED HOWEVER,
THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, AND TWO
THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, SURPLUS
FUNDS AS USED IN THIS SUBDIVISION SHALL MEAN ANY OPERATING FUNDS IN
EXCESS OF FIVE PERCENT OF THE CURRENT SCHOOL YEAR BUDGET, AND SHALL
NOT INCLUDE FUNDS PROPERLY RETAINED UNDER OTHER SECTIONS OF LAW. For
the two thousand eight--two thousand nine school year, and thereafter,
surplus funds as used in this subdivision shall mean any operating funds
in excess of four percent of the current school year budget, and shall
not include funds properly retained under other sections of law. Such
warrant shall have the same force and effect as a warrant issued by a
board of supervisors to a collecting officer in a town. The collecting
officer to whom it may be delivered for collection shall be thereby
authorized and required to collect from every person named on such
school tax roll the sum set opposite his name, or the amount due from
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16515-01-0
A. 10549 2
any person specified therein, in the same manner and with the same
powers that collecting officers in towns are authorized to collect taxes
levied by the board of supervisors.
§ 2. This act shall take effect immediately.