Bill Text: NY A05645 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to surplus funds for small schools.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in real property taxation [A05645 Detail]

Download: New_York-2019-A05645-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5645
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced by M. of A. GIGLIO, LAWRENCE, McDONOUGH -- Multi-Sponsored by
          --  M.  of A.  MORINELLO -- read once and referred to the Committee on
          Real Property Taxation
        AN ACT to amend the real property tax law, in relation to surplus  funds
          for small schools
          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 percent of the current school year budget, and  shall  not  include
    17  funds  properly  retained  under  other  sections  of  law.  For  school
    18  districts of less than eight  teachers,  school  districts  with  actual
    19  general fund expenditures totaling less than five million dollars in the
    20  previous school year, or school districts with actual enrollment of less
    21  than  one  thousand  five  hundred students in the previous school year,
    22  surplus funds used in this subdivision shall mean any operating funds in
    23  excess of ten percent of the current school year budget, and  shall  not
    24  include  funds  properly  retained  under  other  sections  of law. Such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06935-01-9
        A. 5645                             2
     1  warrant shall have the same force and effect as a warrant  issued  by  a
     2  board  of  supervisors to a collecting officer in a town. The collecting
     3  officer to whom it may be delivered  for  collection  shall  be  thereby
     4  authorized  and  required  to  collect  from  every person named on such
     5  school tax roll the sum set opposite his name, or the  amount  due  from
     6  any  person  specified  therein,  in  the  same manner and with the same
     7  powers that collecting officers in towns are authorized to collect taxes
     8  levied by the board of supervisors.
     9    § 2. This act shall take effect immediately.