NY State Senate Bill 2019-S4184

Senate Bill S4184

2019-2020 Legislative Session

Provides that component school districts can not impose a tax levy for their share of the board of cooperative educational services capital expenditures

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 08, 2020	referred to education
Mar 04, 2019	referred to education

2019-S4184 (ACTIVE) - Details

See Assembly Version of this Bill:: A6232
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§1950 & 2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7730, A9825
2021-2022: S5147
2023-2024: S1285

2019-S4184 (ACTIVE) - Summary

Provides that component school districts cannot impose a tax levy for their share of the board of cooperative educational services capital expenditures.

2019-S4184 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4184

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the education law, in relation to the
component school districts' share of the capital expenditures of a board
of cooperative educational services

 
PURPOSE: .sk 1

The purpose of this legislation is to exempt certain BOCES capital
expenditures from limitations upon school district tax levies.

 
SUMMARY OF PROVISIONS:

Section 1. Amends paragraph b of subdivision 13 of section 1950 of the
education law to provide that BOCES projects, approved by the qualified
voters of a component school district, shall allow for the school
district's share of the capital local expenditures approved by BOCES be
exempt from the real property tax calculation for that school district.

Section 2. Amends paragraph c of subdivision 2 of section 2023-a of the

education law to includes a school districts share of the capital local
expenditures for a BOCES project, approved by that component school
district, be included in the definition of "capital local expenditures."

Section 3. Establishes the effective date.

 
JUSTIFICATION:

When the New York State Legislature adopted the tax cap legislation in
2011, it allowed school districts to exclude bonding for capital
projects from the tax cap. The tax cap legislation did not include an
exemption for the costs borne by school districts on BOCES capital
projects. Under current law, BOCES capital projects that expand the
footprint of current facilities must be approved by a plurality of
voters from the component school districts in order to move forward.

However, routine maintenance does not require the same type of approval.
This legislation will authorize BOCES capital project expenses be
excluded in component school district's tax cap calculation if the
project, either routine maintenance or expansion of BOCES facilities,
has been approved by a plurality of the voters of the component school
districts.

 
LEGISLATIVE HISTORY:

2018: S.7730 - Veto  359
2017: S4283 - Veto   209
2015-2016: S.6640
2013-2014: S.2800
2011-2012: S.6704

 
FISCAL IMPLICATIONS:

None to the state.
   
EFFECTIVE DATE:



Immediately,  provided  the amendment to section 2023-a of the education
law shall not affect the expiration and  repeal  of  such  section,  and
shall expire and be deemed repealed therewith.

2019-S4184 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4184
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- 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  component  school
   districts' share of the capital expenditures of a board of cooperative
   educational services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 13 of section 1950 of the educa-
 tion law, as added by chapter 33 of the laws of 1976, is amended to read
 as follows:
   b. The acquisition of such facilities is hereby  declared  and  deter-
 mined to be a school district purpose and an object or purpose for which
 each such component school district is hereby authorized to expend money
 and  contract  indebtedness.  The  period of probable usefulness of such
 object or purpose is hereby determined to be  thirty  years.  Each  such
 component  school  district is hereby authorized to finance its share of
 the cost of the acquisition of such facilities together with costs inci-
 dental to such financing, including, but  not  limited  to  legal  fees,
 printing,  engraving and publication of notices, either from any current
 funds legally available therefor, or  by  the  issuance  of  obligations
 pursuant  to  the  local finance law; provided, however, THAT SUBJECT TO
 THE APPROVAL OF THE QUALIFIED VOTERS, THE  SCHOOL  DISTRICT'S  SHARE  OF
 CAPITAL  LOCAL  EXPENDITURES  APPROVED  BY THE BOARD OF EDUCATION OF THE
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS  DEFINED  IN  SUBPARAGRAPH
 (II)  OF  PARAGRAPH C OF SUBDIVISION TWO OF SECTION TWO THOUSAND TWENTY-
 THREE-A OF THIS TITLE, SHALL NOT BE INCLUDED IN  SUCH  COMPONENT  SCHOOL
 DISTRICT'S  TAX LEVY PURSUANT TO SUCH PARAGRAPH. PROVIDED, FURTHER, that
 (i) no approval of the voters of such component school district shall be
 required, (ii) the voting of a special tax or a tax to be  collected  in
 installments  shall  not  be  a condition precedent to the adoption of a
 bond resolution for such object or purpose, (iii) a majority vote of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10141-01-9

 S. 4184                             2
 
 entire voting strength of the board of education shall be sufficient for
 adoption of such a bond resolution, which bond resolution may be adopted
 at a regular meeting, or a special meeting of  the  board  of  education
 called  on  not less than twelve hours oral or written notice, which may
 be held either within or outside of such district, (iv)  any  such  bond
 resolution shall take effect immediately and shall not be subject either
 to a mandatory or permissive referendum, and (v) no such bond resolution
 shall  be  adopted  prior  to  the execution by the board of cooperative
 educational services and the component school districts of such board of
 cooperative educational services of the agreement required by  paragraph
 a of this subdivision.
   §  2.  Paragraph c of subdivision 2 of section 2023-a of the education
 law, as amended by section 1 of subpart C of part C of chapter 20 of the
 laws of 2015, is amended to read as follows:
   c. "Capital local expenditures" means (I) the  taxes  associated  with
 budgeted  expenditures resulting from the financing, refinancing, acqui-
 sition, design, construction, reconstruction,  rehabilitation,  improve-
 ment,  furnishing  and  equipping  of, or otherwise providing for school
 district  capital  facilities  or  school  district  capital  equipment,
 including  debt service and lease expenditures, and transportation capi-
 tal debt service, subject to the approval of the qualified voters  where
 required  by  law; AND (II) THE SCHOOL DISTRICT'S SHARE OF CAPITAL LOCAL
 EXPENDITURES, AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH,  OF  THE
 BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES OF WHICH THE SCHOOL DISTRICT
 IS A COMPONENT, AS AUTHORIZED PURSUANT TO  PARAGRAPH  B  OF  SUBDIVISION
 THIRTEEN  OF  SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. [The commis-
 sioner of taxation and finance shall, as appropriate,  promulgate  rules
 and  regulations  which  may  provide  for  adjustment  of capital local
 expenditures to reflect a school district's share of additional budgeted
 capital  expenditures  made  by  a  board  of  cooperative   educational
 services.]
   §  3. This act shall take effect immediately; provided that the amend-
 ments to section 2023-a of the education law, made  by  section  two  of
 this  act,  shall  not affect the expiration and repeal of such section,
 and shall expire and be deemed repealed therewith.

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