S T A T E O F N E W Y O R K
________________________________________________________________________
7675--A
2015-2016 Regular Sessions
I N A S S E M B L Y
May 21, 2015
___________
Introduced by M. of A. BUCHWALD, NOLAN, LAVINE -- (at request of the
State Comptroller) -- read once and referred to the Committee on
Education -- recommitted to the Committee on Education in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
Section 1. Paragraph a of subdivision 7 of section 1608 of the educa-
tion law, as amended by section 4 of part A of chapter 97 of the laws of
2011, is amended to read as follows:
a. Each year, commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee or board of trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies of the
proposed budget made publicly available as required by law, making it
available for distribution at the annual meeting, and otherwise dissem-
inating it as required by the commissioner. Such report card shall
include: (i) the amount of total spending and total estimated school tax
levy that would result from adoption of the proposed budget and the
percentage increase or decrease in total spending and total school tax
levy from the school district budget for the preceding school year; and
(ii) the district's tax levy limit determined pursuant to section two
thousand twenty-three-a of this title, and the estimated school tax
levy, excluding any levy necessary to support the expenditures pursuant
to subparagraphs (i) through (iv) of paragraph i of subdivision two of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10879-04-6
A. 7675--A 2
section two thousand twenty-three-a of this title, that would result
from adoption of the proposed budget; and (iii) the projected enrollment
growth for the school year for which the budget is prepared, and the
percentage change in enrollment from the previous year; and (iv) the
percentage increase in the consumer price index, as defined in paragraph
c of this subdivision; and (v) the projected amount of the unappropri-
ated unreserved fund balance that will be retained if the proposed budg-
et is adopted, the projected amount of the reserved fund balance, the
projected amount of the appropriated fund balance, the percentage of the
proposed budget that the unappropriated unreserved fund balance repres-
ents, the actual unappropriated unreserved fund balance retained in the
school district budget for the preceding school year, and the percentage
of the school district budget for the preceding school year that the
actual unappropriated unreserved fund balance represents, AND A SCHEDULE
OF RESERVE FUNDS, SETTING FORTH THE NAME OF EACH RESERVE FUND, A
DESCRIPTION OF ITS PURPOSE, THE BALANCE AS OF THE CLOSE OF THE THIRD
QUARTER OF THE CURRENT SCHOOL DISTRICT FISCAL YEAR AND A BRIEF STATEMENT
EXPLAINING ANY PLANS FOR THE USE OF EACH SUCH RESERVE FUND FOR THE ENSU-
ING FISCAL YEAR.
S 1-a. Paragraph a of subdivision 7 of section 1608 of the education
law, as amended by chapter 238 of the laws of 2007, is amended to read
as follows:
a. Each year, commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee or board of trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies of the
proposed budget made publicly available as required by law, making it
available for distribution at the annual meeting, and otherwise dissem-
inating it as required by the commissioner. Such report card shall
include: (i) the amount of total spending and total estimated school tax
levy that would result from adoption of the proposed budget and the
percentage increase or decrease in total spending and total school tax
levy from the school district budget for the preceding school year; and
(ii) the projected enrollment growth for the school year for which the
budget is prepared, and the percentage change in enrollment from the
previous year; and (iii) the percentage increase in the consumer price
index, as defined in paragraph c of this subdivision; and (iv) the
projected amount of the unappropriated unreserved fund balance that will
be retained if the proposed budget is adopted, the projected amount of
the reserved fund balance, the projected amount of the appropriated fund
balance, the percentage of the proposed budget that the unappropriated
unreserved fund balance represents, the actual unappropriated unreserved
fund balance retained in the school district budget for the preceding
school year, and the percentage of the school district budget for the
preceding school year that the actual unappropriated unreserved fund
balance represents; AND (V) A SCHEDULE OF RESERVE FUNDS, SETTING FORTH
THE NAME OF EACH RESERVE FUND, A DESCRIPTION OF ITS PURPOSE, THE BALANCE
AS OF THE CLOSE OF THE THIRD QUARTER OF THE CURRENT SCHOOL DISTRICT
FISCAL YEAR AND A BRIEF STATEMENT EXPLAINING ANY PLANS FOR THE USE OF
EACH SUCH RESERVE FUND FOR THE ENSUING FISCAL YEAR.
S 2. Paragraph a of subdivision 7 of section 1716 of the education
law, as amended by section 5 of part A of chapter 97 of the laws of
2011, is amended to read as follows:
a. Each year, commencing with the proposed budget for the two thou-
sand--two thousand one school year, the board of education shall prepare
A. 7675--A 3
a property tax report card, pursuant to regulations of the commissioner,
and shall make it publicly available by transmitting it to local newspa-
pers of general circulation, appending it to copies of the proposed
budget made publicly available as required by law, making it available
for distribution at the annual meeting, and otherwise disseminating it
as required by the commissioner. Such report card shall include: (i) the
amount of total spending and total estimated school tax levy that would
result from adoption of the proposed budget and the percentage increase
or decrease in total spending and total school tax levy from the school
district budget for the preceding school year; and (ii) the district's
tax levy limit determined pursuant to section two thousand
twenty-three-a of this title, and the estimated school tax levy, exclud-
ing any levy necessary to support the expenditures pursuant to subpara-
graphs (i) through (iv) of paragraph i of subdivision two of section two
thousand twenty-three-a of this title, that would result from adoption
of the proposed budget; and (iii) the projected enrollment growth for
the school year for which the budget is prepared, and the percentage
change in enrollment from the previous year; and (iv) the percentage
increase in the consumer price index, as defined in paragraph c of this
subdivision; and (v) the projected amount of the unappropriated unre-
served fund balance that will be retained if the proposed budget is
adopted, the projected amount of the reserved fund balance, the project-
ed amount of the appropriated fund balance, the percentage of the
proposed budget that the unappropriated unreserved fund balance repres-
ents, the actual unappropriated unreserved fund balance retained in the
school district budget for the preceding school year, A SCHEDULE OF
RESERVE FUNDS, SETTING FORTH THE NAME OF EACH RESERVE FUND, A
DESCRIPTION OF ITS PURPOSE, THE BALANCE AS OF THE CLOSE OF THE THIRD
QUARTER OF THE CURRENT SCHOOL DISTRICT FISCAL YEAR AND A BRIEF STATEMENT
EXPLAINING ANY PLANS FOR THE USE OF EACH SUCH RESERVE FUND FOR THE ENSU-
ING FISCAL YEAR and the percentage of the school district budget for the
preceding school year that the actual unappropriated unreserved fund
balance represents.
S 2-a. Paragraph a of subdivision 7 of section 1716 of the education
law, as amended by chapter 238 of the laws of 2007, is amended to read
as follows:
a. Each year, commencing with the proposed budget for the two thou-
sand--two thousand one school year, the board of education shall prepare
a property tax report card, pursuant to regulations of the commissioner,
and shall make it publicly available by transmitting it to local newspa-
pers of general circulation, appending it to copies of the proposed
budget made publicly available as required by law, making it available
for distribution at the annual meeting, and otherwise disseminating it
as required by the commissioner. Such report card shall include: (i) the
amount of total spending and total estimated school tax levy that would
result from adoption of the proposed budget and the percentage increase
or decrease in total spending and total school tax levy from the school
district budget for the preceding school year; and (ii) the projected
enrollment growth for the school year for which the budget is prepared,
and the percentage change in enrollment from the previous year; and
(iii) the percentage increase in the consumer price index, as defined in
paragraph c of this subdivision; and (iv) the projected amount of the
unappropriated unreserved fund balance that will be retained if the
proposed budget is adopted, the projected amount of the reserved fund
balance, the projected amount of the appropriated fund balance, the
percentage of the proposed budget that the unappropriated unreserved
A. 7675--A 4
fund balance represents, the actual unappropriated unreserved fund
balance retained in the school district budget for the preceding school
year, A SCHEDULE OF RESERVE FUNDS, SETTING FORTH THE NAME OF EACH
RESERVE FUND, A DESCRIPTION OF ITS PURPOSE, THE BALANCE AS OF THE CLOSE
OF THE THIRD QUARTER OF THE CURRENT SCHOOL DISTRICT FISCAL YEAR AND A
BRIEF STATEMENT EXPLAINING ANY PLANS FOR THE USE OF EACH SUCH RESERVE
FUND FOR THE ENSUING FISCAL YEAR and the percentage of the school
district budget for the preceding school year that the actual unappro-
priated unreserved fund balance represents.
S 3. The education law is amended by adding a new section 3653 to read
as follows:
S 3653. RESERVES FUNDED BY RESOLUTION. IN ADDITION TO ANY OTHER
REQUIREMENTS, NO MONIES SHALL BE PAID OR TRANSFERRED INTO ANY RESERVE
FUND, ESTABLISHED PURSUANT TO THIS CHAPTER OR ANY OTHER CHAPTER OF LAW,
FOR THE PURPOSE OF INCREASING THE FUNDING OF SUCH RESERVE FUND, UNLESS
EXPRESSLY AUTHORIZED BY A RESOLUTION OF THE BOARD OF EDUCATION OR TRUS-
TEES OF A SCHOOL DISTRICT.
S 4. Section 2116-a of the education law is amended by adding a new
subdivision 3-b to read as follows:
3-B. EACH SCHOOL DISTRICT SHALL IN A TIMELY FASHION POST ON ITS
WEBSITE, IF ANY, THE ANNUAL EXTERNAL AUDIT REPORT AND THE CORRECTIVE
ACTION PLAN PREPARED IN RESPONSE TO ANY FINDINGS CONTAINED IN THE ANNUAL
EXTERNAL AUDIT REPORT OR MANAGEMENT LETTER, OR ANY FINAL AUDIT REPORT
ISSUED BY THE STATE COMPTROLLER.
S 5. Section 2022 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. EACH SCHOOL DISTRICT SHALL POST ON ITS WEBSITE, IF ANY, A FINAL
ANNUAL BUDGET AND ANY MULTI-YEAR FINANCIAL PLAN ADOPTED BY THE BOARD OF
EDUCATION OR TRUSTEES.
S 6. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, however, that:
a. the amendment to paragraph a of subdivision 7 of section 1608 of
the education law made by section one of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
part A of chapter 97 of the laws of 2011, as amended, when upon such
date the provisions of section one-a of this act shall take effect;
b. the amendment to paragraph a of subdivision 7 of section 1716 of
the education law made by section two of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
part A of chapter 97 of the laws of 2011, as amended, when upon such
date the provisions of section two-a of this act shall take effect; and
c. provided, further, that the amendment to section 2022 of the educa-
tion law made by section five of this act shall survive the expiration
and reversion of such section pursuant to section 13 of part A of chap-
ter 97 of the laws of 2011, as amended.