S T A T E O F N E W Y O R K
________________________________________________________________________
1006
2019-2020 Regular Sessions
I N S E N A T E
January 10, 2019
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Introduced by Sens. YOUNG, GALLIVAN -- 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 authorizing school
districts with low combined wealth ratios to establish tax cap reserve
funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3651 of the education law is amended by adding two
new subdivisions 1-c and 3-b to read as follows:
1-C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, ANY SCHOOL DISTRICT HAVING A COMBINED WEALTH RATIO, AS DEFINED
IN PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS TITLE, WHICH IS THIRTY-FIVE ONE-HUNDREDTHS OR LESS, MAY ESTABLISH A
RESERVE FUND FOR THE PAYMENT OF SCHOOL DISTRICT EXPENDITURES FOR ANY
SCHOOL YEAR TO THE EXTENT THE EXPENDITURE OF MONIES THEREFOR WOULD CAUSE
SUCH SCHOOL DISTRICT TO EXCEED ITS TAX LEVY LIMIT PURSUANT TO SECTION
TWO THOUSAND TWENTY-THREE-A OF THIS CHAPTER, WITHOUT APPROVAL BY THE
QUALIFIED VOTERS OF THE DISTRICT; PROVIDED, HOWEVER, THAT THE TOTAL OF
THE MONIES HELD IN SUCH RESERVE FUND SHALL NOT EXCEED THAT AMOUNT WHICH
MIGHT REASONABLY BE DEEMED NECESSARY TO MEET ANTICIPATED INCREASED
EXPENDITURES BY THE SCHOOL DISTRICT IN FUTURE SCHOOL YEARS. ANY MONIES
DEPOSITED TO SUCH RESERVE FUND WHICH WILL NOT REASONABLY BE REQUIRED TO
BE EXPENDED FOR THE PURPOSE OF COMPLYING WITH THE DISTRICT'S TAX LEVY
LIMIT SHALL BE RETURNED TO THE GENERAL FUND ON OR BEFORE THE FIRST DAY
OF THE FOURTH FISCAL YEAR FOLLOWING THE DEPOSIT OF SUCH MONIES TO SAID
RESERVE FUND.
3-B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION, ANY SCHOOL DISTRICT WHICH ESTABLISHES A RESERVE FUND IN ACCORD-
ANCE WITH SUBDIVISION ONE-C OF THIS SECTION MAY MAKE EXPENDITURES FROM
SUCH FUND FOR THE PURPOSES SPECIFIED IN SUCH SUBDIVISION WITHOUT AUTHOR-
IZATION OF THE VOTERS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03740-01-9