S T A T E   O F   N E W   Y O R K
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                                  5269

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in  relation  to  calculating  school
  district  tax  levy  limits  and  preventing  school district tax levy
  limits from being a negative number

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  b and c of subdivision 2 of section 2023-a of
the education law, as amended by section 2 of part A of  chapter  97  of
the laws of 2011, are amended to read as follows:
  b.  "Available  carryover" means the amount by which the tax levy, NOT
INCLUDING SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH I OF THIS SUBDIVI-
SION, for the prior school year was below the applicable tax levy  limit
for such school year, if any, but no more than an amount that equals one
and one-half percent of the tax levy limit for such school year.
  c.  "Capital local expenditures" means the taxes associated with budg-
eted expenditures resulting from the  financing,  refinancing,  acquisi-
tion, design, construction, reconstruction, rehabilitation, improvement,
furnishing  and equipping of, or otherwise providing for school district
capital facilities or school district capital equipment, including  debt
service  and  lease expenditures, BUDGETED TRANSFERS TO CAPITAL FUND and
transportation capital debt service, subject  to  the  approval  of  the
qualified voters where required by law.
  S 2. Paragraph b of subdivision 2-a of section 2023-a of the education
law,  as  amended  by  section  2 of part A of chapter 97 of the laws of
2011, is amended to read as follows:
  b. The commissioner of taxation and finance shall calculate a quantity
change factor for the coming school year for each school district  based
upon  the  physical  or  quantity  change,  as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-
er of taxation and finance by the  assessor  or  assessors  pursuant  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08854-01-3
              

A. 5269                             2

section  five  hundred  seventy-five  of  the real property tax law. The
quantity change factor shall show the percentage by which the full value
of the taxable real property in the school district has changed  due  to
physical  or quantity change between the second final assessment roll or
rolls preceding the final assessment roll or rolls upon which taxes  are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or rolls upon which taxes are to be levied
AND INCLUDE THE NET CHANGE IN ASSESSED VALUE OF THE PORTIONS OF THE FULL
ASSESSMENTS  FOR EACH PROPERTY ON THE EXEMPT SIDE OF THE TAX ROLLS UNDER
A PAYMENT IN LIEU OF TAX AGREEMENT BASED ON THE FRACTION OF THE ASSESSED
VALUES AS IT RELATES TO THE  FRACTION  OF  FULL  TAXES  PAID  UNDER  THE
RESPECTIVE PAYMENT IN LIEU OF TAX AGREEMENTS.
  S  3.  Paragraph b of subdivision 3 of section 2023-a of the education
law is relettered paragraph c and a new paragraph b is added to read  as
follows:
  B.  AFTER  EACH  SCHOOL DISTRICT DETERMINES ITS TAX LEVY LIMIT, IF THE
COMPUTATION OF THE TAX LEVY LIMIT IS LESS THAN THE PRIOR YEAR SCHOOL TAX
LEVY, THE TAX LEVY LIMIT IN THE COMING SCHOOL YEAR SHALL BE NO LESS THAN
THE TAX LEVY IN THE PRIOR SCHOOL YEAR.
  S 4. This act shall take effect immediately,  provided,  however  that
the  amendments  to section 2023-a of the education law made by sections
one, two, and three of this act shall not  affect  the  repeal  of  such
section and shall be deemed repealed therewith.