Bill Text: NY A04399 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases the percentage of operating funds which may be retained by a school district as surplus funds for purposes of calculating the school tax levy from two percent to five percent.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2012-02-14 - held for consideration in real property taxation [A04399 Detail]

Download: New_York-2011-A04399-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4399
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced by M. of A. CROUCH, KOLB, RAIA, GIGLIO, OAKS -- read once and
         referred to the Committee on Real Property Taxation
       AN  ACT  to amend the real property tax law, in relation to retention of
         surplus funds for purposes of determining the school tax levy
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 1318 of the real property tax law,
    2  as  amended  by  chapter  238 of the laws of 2007, is amended to read as
    3  follows:
    4    1. The warrant of the collecting officer shall be signed by the  trus-
    5  tee,  or  the trustees, or a majority of them, or the board of education
    6  or a majority thereof. Such warrant shall state the amount of unexpended
    7  surplus funds in the custody of the board and shall further  state  that
    8  except  as  authorized or required by law, such unexpended surplus funds
    9  have been applied in determining the amount of the school tax levy.  For
   10  the two thousand seven--two thousand eight school year, surplus funds as
   11  used  in  this  subdivision  shall mean any operating funds in excess of
   12  three percent of the current school year budget, and shall  not  include
   13  funds  properly  retained under other sections of law. For the two thou-
   14  sand eight--two thousand nine school year, and thereafter, surplus funds
   15  as used in this subdivision shall mean any operating funds in excess  of
   16  [four]  FIVE  percent  of  the current school year budget, and shall not
   17  include funds properly  retained  under  other  sections  of  law.  Such
   18  warrant  shall  have  the same force and effect as a warrant issued by a
   19  board of supervisors to a collecting officer in a town.  The  collecting
   20  officer  to  whom  it  may  be delivered for collection shall be thereby
   21  authorized and required to collect  from  every  person  named  on  such
   22  school  tax  roll  the sum set opposite his name, or the amount due from
   23  any person specified therein, in the  same  manner  and  with  the  same
   24  powers that collecting officers in towns are authorized to collect taxes
   25  levied by the board of supervisors.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04895-01-1