Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 12, 2010 |
referred to education |
Senate Bill S6839
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S6839 (ACTIVE) - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd ยง3202, Ed L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2547
2009-S6839 (ACTIVE) - Summary
Redefines "nonresidents of a school district" to include persons over five and under twenty-one years of age who do not actually reside in the district or reside on real property in the district which is wholly exempt from real property taxes for school district purposes and students who reside on real property which is fifty percent or more exempt from taxation pursuant to the real property tax law and such property is the residence of ten or more students who attend a public school in the district.
2009-S6839 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6839 TITLE OF BILL : An act to amend the education law, in relation to defining nonresidents of a district for purposes of admission PURPOSE : To improve the fairness of the public education finance system. SUMMARY OF PROVISIONS : Authorizes schools to charge tuition in the event 10 or more children reside on property which is 50% or more tax exempt pursuant to Sections 420-A and 420-B of the Real Property Tax Law. Prohibits the charging of tuition to students who reside on various charitable type properties. EXISTING LAW : Allows for significant abuse in the real property tax system. For example, while Senior citizens, who are otherwise eligible to obtain tax exemptions, can be made to pay real property taxes - even for property they have owned for decades and even with social security as their only income. On the other hand, multi-million dollar non-profits can move into a community, purchase dozens, if not hundreds of acres, engage in commercial enterprises through separately formed corporations, and still be wholly exempt from property taxes. These
2009-S6839 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6839 I N S E N A T E February 12, 2010 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to defining nonresidents of a district for purposes of admission THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 3202 of the education law is amended to read as follows: 2. A. Nonresidents of a district, if otherwise competent, may be admitted into the school or schools of a district or city, upon the consent of the trustees or the board of education, upon terms prescribed by such trustees or board, WHICH MAY INCLUDE THE PAYMENT OF TUITION. THE TERM "NONRESIDENTS OF A DISTRICT" SHALL INCLUDE, BUT NOT BE LIMITED TO PERSONS OVER FIVE AND UNDER TWENTY-ONE YEARS OF AGE WHO ARE NOT OTHER- WISE DESCRIBED IN THIS SECTION, WHO: (I) DO NOT ACTUALLY RESIDE IN THE DISTRICT; OR (II) RESIDE ON REAL PROPERTY IN THE DISTRICT WHICH IS: (1) FIFTY PERCENT OR MORE EXEMPT FROM TAXATION FOR SCHOOL DISTRICT PURPOSES PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED TWENTY-A OR SECTION FOUR HUNDRED TWENTY-B OF THE REAL PROPERTY TAX LAW; AND (2) THE RESIDENCE OF TEN OR MORE STUDENTS WHO ATTEND A PUBLIC SCHOOL IN THE DISTRICT. B. PROVIDED, HOWEVER, THAT THE PROVISIONS OF SUBPARAGRAPH (II) OF PARAGRAPH A OF THIS SUBDIVISION SHALL NOT AUTHORIZE THE PAYMENT OF TUITION IN AN AMOUNT IN EXCESS OF THE PROPERTY TAXES THAT WOULD HAVE BEEN PAID WERE THE PROPERTY FULLY TAXABLE AND IN ANY EVENT SHALL NOT APPLY TO PROPERTY WHICH: (I) WAS CONSTRUCTED AND REMAINS OCCUPIED PURSUANT TO THE PROVISIONS OF THE PUBLIC HOUSING LAW OR THE PRIVATE HOUSING FINANCE LAW; (II) IS OWNED OR OPERATED BY AN AUTHORIZED AGENCY AS DEFINED IN SUBDI- VISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW OR PROPERTY DESCRIBED IN SUBDIVISION FIFTEEN, SEVENTEEN OR EIGHTEEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15507-01-0
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