The New York State Senate

                    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
                               ___________

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