Assembly Bill A5365

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5365
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general municipal law  and  the  education  law,  in
   relation to limits on school district and local government tax levies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of section 3-c of the gener-
 al municipal law, as added by section 1 of part A of chapter 97  of  the
 laws of 2011, is amended to read as follows:
   (a)  "Allowable  levy growth factor" shall be the [lesser] GREATER of:
 (i) one and two  one-hundredths;  or  (ii)  the  sum  of  one  plus  the
 inflation  factor[;  provided,  however,  that in no case shall the levy
 growth factor be less than one].
   § 2. Paragraph a of subdivision 2 of section 2023-a of  the  education
 law,  as added by section 2 of part A of chapter 97 of the laws of 2011,
 is amended to read as follows:
   a. "Allowable levy growth factor" shall be the  [lesser]  GREATER  of:
 (i)  one  and  two  one-hundredths;  or  (ii)  the  sum  of one plus the
 inflation factor[; provided, however, that in no  case  shall  the  levy
 growth factor be less than one].
   §  3.  Subdivision  5  of section 3-c of the general municipal law, as
 added by section 1 of part A of chapter 97  of  the  laws  of  2011,  is
 amended to read as follows:
   5. A local government may adopt a budget that requires a tax levy that
 is  greater  than  the  tax  levy  limit for the coming fiscal year, not
 including any levy necessary to support  the  expenditures  pursuant  to
 subparagraphs (i) through (iv) of paragraph g of subdivision two of this
 section,  only  if  the  governing  body  of such local government first
 enacts, by a vote of [sixty] MORE THAN FIFTY percent of the total voting
 power of such body, a local law to override such limit for  such  coming
 fiscal  year  only,  or  in  the  case of a district or fire district, a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08501-01-5
              

 A. 5365                             2
 
 resolution, approved by a vote of sixty  percent  of  the  total  voting
 power  of  such body, to override such limit for such coming fiscal year
 only.
   § 4. Subdivision 6 of section 2023-a of the education law, as added by
 section  2  of  part  A of chapter 97 of the laws of 2011, is amended to
 read as follows:
   6. (a) Notwithstanding any other provision of law to the contrary,  in
 the  event  the  trustee,  trustees  or  board  of education of a school
 district that is subject to the provisions of this  section  proposes  a
 budget  that will require a tax levy that exceeds the tax levy limit for
 the corresponding school year,  not  including  any  levy  necessary  to
 support  the  expenditures pursuant to subparagraphs (i) through (iv) of
 paragraph i of subdivision two of this section, then such  budget  shall
 be approved if [sixty] MORE THAN FIFTY percent of the votes cast thereon
 are in the affirmative.
   (b) Where the trustee, trustees or board of education proposes a budg-
 et subject to the requirements of paragraph (a) of this subdivision, the
 ballot for such budget shall include the following statement in substan-
 tially  the  same  form:  "Adoption  of  this budget requires a tax levy
 increase of          which exceeds the statutory tax levy increase limit
 of          for this school fiscal year and therefore exceeds the  state
 tax  cap  and must be approved by [sixty] MORE THAN FIFTY percent of the
 qualified voters present and voting."
   § 5. Subdivision 9 of section 2023-a of the education law, as added by
 section 2 of part A of chapter 97 of the laws of  2011,  is  amended  to
 read as follows:
   9.  Nothing  in  this section shall preclude the trustee, trustees, or
 board of education of a  school  district,  in  their  discretion,  from
 submitting  additional  items of expenditures to the voters for approval
 as separate propositions or  the  voters  from  submitting  propositions
 pursuant  to sections two thousand eight and two thousand thirty-five of
 this part; provided however, except in the case of a proposition submit-
 ted for any expenditure contained within subparagraphs (i) through  (iv)
 of  paragraph  i of subdivision two of this section, if any proposition,
 or propositions collectively that are subject to  a  vote  on  the  same
 date,  would  require  an  expenditure of money that would require a tax
 levy and would result in the tax  levy  limit  being  exceeded  for  the
 corresponding  school  year  then  such proposition shall be approved if
 [sixty] MORE THAN FIFTY percent of the votes cast  thereon  are  in  the
 affirmative.
   § 6. This act shall take effect immediately.