NY State Senate Bill 2021-S5069

Archive: Last Bill Status - In Senate Committee Local Government 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 05, 2022	referred to local government
Feb 23, 2021	referred to local government

co-Sponsors

2021-S5069 (ACTIVE) - Details

See Assembly Version of this Bill:: A6185
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §1318, RPT L

2021-S5069 (ACTIVE) - Summary

Relates to the amount of surplus funds which may be retained by a school district; establishes surplus funds for the 2020-2021 school year through the 2024-2025 school year shall mean any operating funds in excess of 8% of the current school year budget.

2021-S5069 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5069

SPONSOR: MAYER
 
TITLE OF BILL:

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 providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE:

This legislation would permit school districts to maintain an eight
percent surplus of unrestricted funds for a period of five school years.

 
SUMMARY OF PROVISIONS:

Section 1 increases the unrestricted fund balance limit for school
districts from four percent to eight percent beginning in the 2020-21
school year.

Section 2 provides for the repeal of such provision on July 1, 2025.

 
JUSTIFICATION:

New York State's schools have been hit hard by the pandemic which will
have lasting financial implications on the delivery of education and
student support programs for years after it ends. The abrupt closure of
schools in March, 2020 identified the lack of preparedness for many
schools as they were thrust into an unprecedented event to deliver
instruction remotely, provide school meals at various locations, set up
wifi hotspots, deliver instructional packets to students at their resi-
dences and provide child care for essential workers. September school
reopening health and safety guidance required additional protocols and
costs for cleaning, disinfecting and testing of students and staff. All
of these expenses were in addition to anticipated expenditures leaving
school districts with difficult choices to utilize unrestricted
reserves, borrow funds, furlough employees and cancel contracts.

Current law caps the amount of unrestricted fund balances school
districts may accrue to four percent of the current school year budget.
As we move through the pandemic, districts are anticipating allow them
to 'catch up' from learning loss. As schools return to full in-school
participation, they will also continue to have increased costs to meet
health, safety and covid-19 testing protocols. While the fund balance
limit has been in place for over a decade, now is the time to afford
schools and communities greater flexibility in deciding how best to meet
student needs and plan for future programs that are a direct result of
the pandemic.  Furthermore, it is expected additional federal relief
funding will be available to help schools cover some ongoing expenses
associated with covid-19. An increase in the unrestricted fund balance
will permit school leaders to plan in accordance with student needs,
district priorities and public health and safety requirements rather
than being required to spend all of these funds within a limited time
period. This bill affords school districts a temporary yet important
fiscal management practice for their students.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed repealed July 1,
2025.

2021-S5069 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5069
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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

 S. 5069                             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.

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Senate Bill S5069

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2021-S5069 (ACTIVE) - Details

2021-S5069 (ACTIVE) - Summary

2021-S5069 (ACTIVE) - Sponsor Memo

2021-S5069 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5069

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Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

Pete Harckham

John W. Mannion

2021-S5069 (ACTIVE) - Details

2021-S5069 (ACTIVE) - Summary

2021-S5069 (ACTIVE) - Sponsor Memo

2021-S5069 (ACTIVE) - Bill Text download pdf

Comments