Bill Text: NY A06232 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides that component school districts cannot impose a tax levy for their share of the board of cooperative educational services capital expenditures.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced) 2019-03-04 - referred to education [A06232 Detail]

Download: New_York-2019-A06232-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
        Introduced  by  M.  of  A.  GALEF,  LUPARDO,  WOERNER, LIFTON, ABINANTI,
          PAULIN, OTIS, BRABENEC, MONTESANO -- read once  and  referred  to  the
          Committee on Education
        AN  ACT  to amend the education law, in relation to the component school
          districts' share of the capital expenditures of a board of cooperative
          educational services
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph b of subdivision 13 of section 1950 of the educa-
     2  tion law, as added by chapter 33 of the laws of 1976, is amended to read
     3  as follows:
     4    b.  The  acquisition  of such facilities is hereby declared and deter-
     5  mined to be a school district purpose and an object or purpose for which
     6  each such component school district is hereby authorized to expend money
     7  and contract indebtedness. The period of  probable  usefulness  of  such
     8  object  or  purpose  is  hereby determined to be thirty years. Each such
     9  component school district is hereby authorized to finance its  share  of
    10  the cost of the acquisition of such facilities together with costs inci-
    11  dental  to  such  financing,  including,  but not limited to legal fees,
    12  printing, engraving and publication of notices, either from any  current
    13  funds  legally  available  therefor,  or  by the issuance of obligations
    14  pursuant to the local finance law; provided, however,  that  subject  to
    15  the  approval  of  the  qualified voters, the school district's share of
    16  capital local expenditures approved by the board  of  education  of  the
    17  board  of  cooperative  educational services, as defined in subparagraph
    18  (ii) of paragraph c of subdivision two of section two  thousand  twenty-
    19  three-a  of  this  title, shall not be included in such component school
    20  district's tax levy pursuant to such paragraph. Provided, further,  that
    21  (i) no approval of the voters of such component school district shall be
    22  required,  (ii)  the voting of a special tax or a tax to be collected in
    23  installments shall not be a condition precedent to  the  adoption  of  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6232                             2
     1  bond resolution for such object or purpose, (iii) a majority vote of the
     2  entire voting strength of the board of education shall be sufficient for
     3  adoption of such a bond resolution, which bond resolution may be adopted
     4  at  a  regular  meeting,  or a special meeting of the board of education
     5  called on not less than twelve hours oral or written notice,  which  may
     6  be  held  either  within or outside of such district, (iv) any such bond
     7  resolution shall take effect immediately and shall not be subject either
     8  to a mandatory or permissive referendum, and (v) no such bond resolution
     9  shall be adopted prior to the execution  by  the  board  of  cooperative
    10  educational services and the component school districts of such board of
    11  cooperative  educational services of the agreement required by paragraph
    12  a of this subdivision.
    13    § 2. Paragraph c of subdivision 2 of section 2023-a of  the  education
    14  law, as amended by section 1 of subpart C of part C of chapter 20 of the
    15  laws of 2015, is amended to read as follows:
    16    c.  "Capital  local  expenditures" means (i) the taxes associated with
    17  budgeted expenditures resulting from the financing, refinancing,  acqui-
    18  sition,  design,  construction, reconstruction, rehabilitation, improve-
    19  ment, furnishing and equipping of, or  otherwise  providing  for  school
    20  district  capital  facilities  or  school  district  capital  equipment,
    21  including debt service and lease expenditures, and transportation  capi-
    22  tal  debt service, subject to the approval of the qualified voters where
    23  required by law; and (ii) the school district's share of  capital  local
    24  expenditures,  as  defined in subparagraph (i) of this paragraph, of the
    25  board of cooperative educational services of which the  school  district
    26  is  a  component,  as  authorized pursuant to paragraph b of subdivision
    27  thirteen of section nineteen hundred fifty of this title.  [The  commis-
    28  sioner  of  taxation and finance shall, as appropriate, promulgate rules
    29  and regulations which  may  provide  for  adjustment  of  capital  local
    30  expenditures to reflect a school district's share of additional budgeted
    31  capital   expenditures  made  by  a  board  of  cooperative  educational
    32  services.]
    33    § 3. This act shall take effect immediately; provided that the  amend-
    34  ments  to  section  2023-a  of the education law, made by section two of
    35  this act, shall not affect the expiration and repeal  of  such  section,
    36  and shall expire and be deemed repealed therewith.