Bill Text: NY S05795 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to reporting school finances, reserve funds, final annual budgets and multi-year financial plans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-31 - SIGNED CHAP.514 [S05795 Detail]
Download: New_York-2015-S05795-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5795--A Cal. No. 225 2015-2016 Regular Sessions IN SENATE June 3, 2015 ___________ Introduced by Sen. MARCELLINO -- (at request of the State Comptroller) -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Educa- tion in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to requiring notice of reserve funds and reserves funded by resolution and to require that each school district post on its website, if any, a final annual budg- et and any multi-year financial plan adopted by the board of education or trustees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 7 of section 1608 of the educa- 2 tion law, as amended by section 4 of part A of chapter 97 of the laws of 3 2011, is amended to read as follows: 4 a. Each year, commencing with the proposed budget for the two thou- 5 sand--two thousand one school year, the trustee or board of trustees 6 shall prepare a property tax report card, pursuant to regulations of the 7 commissioner, and shall make it publicly available by transmitting it to 8 local newspapers of general circulation, appending it to copies of the 9 proposed budget made publicly available as required by law, making it 10 available for distribution at the annual meeting, and otherwise dissem- 11 inating it as required by the commissioner. Such report card shall 12 include: (i) the amount of total spending and total estimated school tax 13 levy that would result from adoption of the proposed budget and the 14 percentage increase or decrease in total spending and total school tax 15 levy from the school district budget for the preceding school year; and 16 (ii) the district's tax levy limit determined pursuant to section two 17 thousand twenty-three-a of this title, and the estimated school tax EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10879-03-6S. 5795--A 2 1 levy, excluding any levy necessary to support the expenditures pursuant 2 to subparagraphs (i) through (iv) of paragraph i of subdivision two of 3 section two thousand twenty-three-a of this title, that would result 4 from adoption of the proposed budget; and (iii) the projected enrollment 5 growth for the school year for which the budget is prepared, and the 6 percentage change in enrollment from the previous year; and (iv) the 7 percentage increase in the consumer price index, as defined in paragraph 8 c of this subdivision; and (v) the projected amount of the unappropri- 9 ated unreserved fund balance that will be retained if the proposed budg- 10 et is adopted, the projected amount of the reserved fund balance, the 11 projected amount of the appropriated fund balance, the percentage of the 12 proposed budget that the unappropriated unreserved fund balance repres- 13 ents, the actual unappropriated unreserved fund balance retained in the 14 school district budget for the preceding school year, and the percentage 15 of the school district budget for the preceding school year that the 16 actual unappropriated unreserved fund balance represents, and a schedule 17 of reserve funds, setting forth the name of each reserve fund, a 18 description of its purpose, the balance as of the close of the third 19 quarter of the current school district fiscal year and a brief statement 20 explaining any plans for the use of each such reserve fund for the ensu- 21 ing fiscal year. 22 § 1-a. Paragraph a of subdivision 7 of section 1608 of the education 23 law, as amended by chapter 238 of the laws of 2007, is amended to read 24 as follows: 25 a. Each year, commencing with the proposed budget for the two thou- 26 sand--two thousand one school year, the trustee or board of trustees 27 shall prepare a property tax report card, pursuant to regulations of the 28 commissioner, and shall make it publicly available by transmitting it to 29 local newspapers of general circulation, appending it to copies of the 30 proposed budget made publicly available as required by law, making it 31 available for distribution at the annual meeting, and otherwise dissem- 32 inating it as required by the commissioner. Such report card shall 33 include: (i) the amount of total spending and total estimated school tax 34 levy that would result from adoption of the proposed budget and the 35 percentage increase or decrease in total spending and total school tax 36 levy from the school district budget for the preceding school year; and 37 (ii) the projected enrollment growth for the school year for which the 38 budget is prepared, and the percentage change in enrollment from the 39 previous year; and (iii) the percentage increase in the consumer price 40 index, as defined in paragraph c of this subdivision; and (iv) the 41 projected amount of the unappropriated unreserved fund balance that will 42 be retained if the proposed budget is adopted, the projected amount of 43 the reserved fund balance, the projected amount of the appropriated fund 44 balance, the percentage of the proposed budget that the unappropriated 45 unreserved fund balance represents, the actual unappropriated unreserved 46 fund balance retained in the school district budget for the preceding 47 school year, and the percentage of the school district budget for the 48 preceding school year that the actual unappropriated unreserved fund 49 balance represents; and (v) a schedule of reserve funds, setting forth 50 the name of each reserve fund, a description of its purpose, the balance 51 as of the close of the third quarter of the current school district 52 fiscal year and a brief statement explaining any plans for the use of 53 each such reserve fund for the ensuing fiscal year. 54 § 2. Paragraph a of subdivision 7 of section 1716 of the education 55 law, as amended by section 5 of part A of chapter 97 of the laws of 56 2011, is amended to read as follows:S. 5795--A 3 1 a. Each year, commencing with the proposed budget for the two thou- 2 sand--two thousand one school year, the board of education shall prepare 3 a property tax report card, pursuant to regulations of the commissioner, 4 and shall make it publicly available by transmitting it to local newspa- 5 pers of general circulation, appending it to copies of the proposed 6 budget made publicly available as required by law, making it available 7 for distribution at the annual meeting, and otherwise disseminating it 8 as required by the commissioner. Such report card shall include: (i) the 9 amount of total spending and total estimated school tax levy that would 10 result from adoption of the proposed budget and the percentage increase 11 or decrease in total spending and total school tax levy from the school 12 district budget for the preceding school year; and (ii) the district's 13 tax levy limit determined pursuant to section two thousand 14 twenty-three-a of this title, and the estimated school tax levy, exclud- 15 ing any levy necessary to support the expenditures pursuant to subpara- 16 graphs (i) through (iv) of paragraph i of subdivision two of section two 17 thousand twenty-three-a of this title, that would result from adoption 18 of the proposed budget; and (iii) the projected enrollment growth for 19 the school year for which the budget is prepared, and the percentage 20 change in enrollment from the previous year; and (iv) the percentage 21 increase in the consumer price index, as defined in paragraph c of this 22 subdivision; and (v) the projected amount of the unappropriated unre- 23 served fund balance that will be retained if the proposed budget is 24 adopted, the projected amount of the reserved fund balance, the project- 25 ed amount of the appropriated fund balance, the percentage of the 26 proposed budget that the unappropriated unreserved fund balance repres- 27 ents, the actual unappropriated unreserved fund balance retained in the 28 school district budget for the preceding school year, a schedule of 29 reserve funds, setting forth the name of each reserve fund, a 30 description of its purpose, the balance as of the close of the third 31 quarter of the current school district fiscal year and a brief statement 32 explaining any plans for the use of each such reserve fund for the ensu- 33 ing fiscal year and the percentage of the school district budget for the 34 preceding school year that the actual unappropriated unreserved fund 35 balance represents. 36 § 2-a. Paragraph a of subdivision 7 of section 1716 of the education 37 law, as amended by chapter 238 of the laws of 2007, is amended to read 38 as follows: 39 a. Each year, commencing with the proposed budget for the two thou- 40 sand--two thousand one school year, the board of education shall prepare 41 a property tax report card, pursuant to regulations of the commissioner, 42 and shall make it publicly available by transmitting it to local newspa- 43 pers of general circulation, appending it to copies of the proposed 44 budget made publicly available as required by law, making it available 45 for distribution at the annual meeting, and otherwise disseminating it 46 as required by the commissioner. Such report card shall include: (i) the 47 amount of total spending and total estimated school tax levy that would 48 result from adoption of the proposed budget and the percentage increase 49 or decrease in total spending and total school tax levy from the school 50 district budget for the preceding school year; and (ii) the projected 51 enrollment growth for the school year for which the budget is prepared, 52 and the percentage change in enrollment from the previous year; and 53 (iii) the percentage increase in the consumer price index, as defined in 54 paragraph c of this subdivision; and (iv) the projected amount of the 55 unappropriated unreserved fund balance that will be retained if the 56 proposed budget is adopted, the projected amount of the reserved fundS. 5795--A 4 1 balance, the projected amount of the appropriated fund balance, the 2 percentage of the proposed budget that the unappropriated unreserved 3 fund balance represents, the actual unappropriated unreserved fund 4 balance retained in the school district budget for the preceding school 5 year, a schedule of reserve funds, setting forth the name of each 6 reserve fund, a description of its purpose, the balance as of the close 7 of the third quarter of the current school district fiscal year and a 8 brief statement explaining any plans for the use of each such reserve 9 fund for the ensuing fiscal year and the percentage of the school 10 district budget for the preceding school year that the actual unappro- 11 priated unreserved fund balance represents. 12 § 3. The education law is amended by adding a new section 3653 to read 13 as follows: 14 § 3653. Reserves funded by resolution. In addition to any other 15 requirements, no monies shall be paid or transferred into any reserve 16 fund, established pursuant to this chapter or any other chapter of law, 17 for the purpose of increasing the funding of such reserve fund, unless 18 expressly authorized by a resolution of the board of education or trus- 19 tees of a school district. 20 § 4. Section 2116-a of the education law is amended by adding a new 21 subdivision 3-b to read as follows: 22 3-b. Each school district shall in a timely fashion post on its 23 website, if any, the annual external audit report and the corrective 24 action plan prepared in response to any findings contained in the annual 25 external audit report or management letter, or any final audit report 26 issued by the state comptroller. 27 § 5. Section 2022 of the education law is amended by adding a new 28 subdivision 7 to read as follows: 29 7. Each school district shall post on its website, if any, a final 30 annual budget and any multi-year financial plan adopted by the board of 31 education or trustees. 32 § 6. This act shall take effect on the first of July next succeeding 33 the date on which it shall have become a law; provided, however, that: 34 a. the amendment to paragraph a of subdivision 7 of section 1608 of 35 the education law made by section one of this act shall be subject to 36 the expiration and reversion of such paragraph pursuant to section 13 of 37 part A of chapter 97 of the laws of 2011, as amended, when upon such 38 date the provisions of section one-a of this act shall take effect; 39 b. the amendment to paragraph a of subdivision 7 of section 1716 of 40 the education law made by section two of this act shall be subject to 41 the expiration and reversion of such paragraph pursuant to section 13 of 42 part A of chapter 97 of the laws of 2011, as amended, when upon such 43 date the provisions of section two-a of this act shall take effect; and 44 c. provided, further, that the amendment to section 2022 of the educa- 45 tion law made by section five of this act shall survive the expiration 46 and reversion of such section pursuant to section 13 of part A of chap- 47 ter 97 of the laws of 2011, as amended.