S T A T E O F N E W Y O R K
________________________________________________________________________
6185
2021-2022 Regular Sessions
I N A S S E M B L Y
March 10, 2021
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Education
AN ACT to amend the real property tax law, in relation to the amount of
surplus funds which may be retained by a school district; and provid-
ing for the repeal of such provisions upon expiration thereof
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. For the two thou-
sand 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. FOR THE TWO THOU-
SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR THROUGH THE TWO THOU-
SAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, SURPLUS FUNDS AS
USED IN THIS SUBDIVISION SHALL MEAN ANY OPERATING FUNDS IN EXCESS OF
EIGHT 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 super-
visors to a collecting officer in a town. The collecting officer to whom
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09780-02-1
A. 6185 2
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 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 and shall expire and be
deemed repealed July 1, 2025.