Bill Text: NY A01875 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to exempting the costs associated with emergency services from the real property tax levy limit.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in local governments [A01875 Detail]

Download: New_York-2019-A01875-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1875
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M.  of  A.  CROUCH, BRABENEC, MORINELLO -- 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  exempting  the  costs associated with emergency services
          from the real property tax levy limit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (g) of subdivision 2 of section 3-c of the gener-
     2  al  municipal  law, as added by section 1 of part A of chapter 97 of the
     3  laws of 2011, is amended to read as follows:
     4    (g) "Tax levy limit" means the amount of taxes authorized to be levied
     5  by or on  behalf  of  a  local  government  pursuant  to  this  section,
     6  provided, however, that the tax levy limit shall not include the follow-
     7  ing:
     8    (i)  a tax levy necessary for expenditures resulting from court orders
     9  or judgments against the local government arising out  of  tort  actions
    10  for  any amount that exceeds five percent of the total tax levied in the
    11  prior fiscal year;
    12    (ii) in years in which the system average actuarial contribution  rate
    13  of the New York state and local employees' retirement system, as defined
    14  by  paragraph  ten of subdivision a of section nineteen-a of the retire-
    15  ment and social security law, increases  by  more  than  two  percentage
    16  points from the previous year, a tax levy necessary for expenditures for
    17  the  coming  fiscal  year for local government employer contributions to
    18  the New York state and local  employees'  retirement  system  caused  by
    19  growth  in  the  system  average  actuarial  contribution rate minus two
    20  percentage points;
    21    (iii) in years in which the system average actuarial contribution rate
    22  of the New York state and local police and fire  retirement  system,  as
    23  defined  by  paragraph  eleven of subdivision a of section three hundred
    24  nineteen-a of the retirement and social security law, increases by  more
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02841-01-9

        A. 1875                             2
     1  than  two percentage points from the previous year, a tax levy necessary
     2  for expenditures for the coming fiscal year for local government employ-
     3  er contributions to the New York state and local police and fire retire-
     4  ment  system  caused  by growth in the system average actuarial contrib-
     5  ution rate minus two percentage points;
     6    (iv) in years in which the normal contribution rate of  the  New  York
     7  state teachers' retirement system, as defined by paragraph a of subdivi-
     8  sion  two  of  section  five  hundred  seventeen  of  the education law,
     9  increases by more than two percentage points from the previous  year,  a
    10  tax levy necessary for expenditures for the coming fiscal year for local
    11  government  employer  contributions  to  the  New  York  state teachers'
    12  retirement system caused by growth in the normal contribution rate minus
    13  two percentage points;
    14    (v) a tax levy necessary for  expenditures  resulting  from  emergency
    15  services  provided  by  a  municipality, including ambulatory, emergency
    16  medical services, first responders, and fire.
    17    § 2. Paragraph i of subdivision 2 of section 2023-a of  the  education
    18  law,  as added by section 2 of part A of chapter 97 of the laws of 2011,
    19  is amended to read as follows:
    20    i. "Tax levy limit" means the amount of taxes  a  school  district  is
    21  authorized to levy pursuant to this section, provided, however, that the
    22  tax levy limit shall not include the following:
    23    (i)  a tax levy necessary for expenditures resulting from court orders
    24  or judgments against the school district arising out of tort actions for
    25  any amount that exceeds five percent of the  total  tax  levied  in  the
    26  prior school year;
    27    (ii)  in years in which the system average actuarial contribution rate
    28  of the New York state and local employees' retirement system, as defined
    29  by paragraph ten of subdivision a of section nineteen-a of  the  retire-
    30  ment  and  social  security  law,  increases by more than two percentage
    31  points from the previous year, a tax levy necessary for expenditures for
    32  the coming fiscal year for school district employer contributions to the
    33  New York state and local employees' retirement system caused  by  growth
    34  in  the  system average actuarial contribution rate minus two percentage
    35  points;
    36    (iii) in years in which the normal contribution rate of the  New  York
    37  state teachers' retirement system, as defined by paragraph a of subdivi-
    38  sion two of section five hundred seventeen of this chapter, increases by
    39  more  than  two  percentage  points  from  the previous year, a tax levy
    40  necessary for  expenditures  for  the  coming  fiscal  year  for  school
    41  district  employer contributions to the New York state teachers' retire-
    42  ment system caused by growth in the normal contribution rate  minus  two
    43  percentage points; [and]
    44    (iv) a capital tax levy; and
    45    (v)  a  tax  levy  necessary for expenditures resulting from emergency
    46  services,  including  ambulatory,  emergency  medical  services,   first
    47  responders, and fire.
    48    § 3. This act shall take effect immediately; provided, however that:
    49    1.  the amendments to section 3-c of the general municipal law made by
    50  section one of this act shall not affect the repeal of such section  and
    51  shall be deemed repealed therewith; and
    52    2.  the  amendments  to  section  2023-a  of the education law made by
    53  section two of this act shall not affect the repeal of such section  and
    54  shall be deemed repealed therewith.
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