S T A T E O F N E W Y O R K
________________________________________________________________________
511
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to voting to approve
school budgets that exceed the tax levy limits for the corresponding
school year
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6 and 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,
are amended to read as follows:
6. (a) Notwithstanding any other provision of law to the contrary, in
the event the trustee, trustees or board of education of a school
district that is subject to the provisions of this section proposes a
budget that will require a tax levy that exceeds the tax levy limit for
the corresponding school year, not including any levy necessary to
support the expenditures pursuant to subparagraphs (i) through (iv) of
paragraph i of subdivision two of this section, then such budget shall
be approved if sixty percent of the votes cast thereon BY THE TRUSTEE,
TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT are in the affirma-
tive.
(b) Where the trustee, trustees or board of education proposes a budg-
et subject to the requirements of paragraph (a) of this subdivision, the
ballot for such budget shall include the following statement in substan-
tially the same form: "Adoption of this budget requires a tax levy
increase of which exceeds the statutory tax levy increase limit
of for this school fiscal year and therefore exceeds the state tax
cap and must be approved by sixty percent OF THE TRUSTEE, TRUSTEES OR
BOARD OF EDUCATION MEMBERS AND FIFTY PERCENT of the qualified voters
present and voting."
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05081-01-9
A. 511 2
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 OF THE TRUSTEE, TRUSTEES OR
BOARD OF EDUCATION MEMBERS are in the affirmative.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivisions 6 and 9 of section 2023-a of the educa-
tion law made by section one of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.