S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3402
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  to  amend  the  education law, in relation to voting to approve
   school budgets that exceed the tax levy limits for  the  corresponding
   school year
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 6 and 9 of section  2023-a  of  the  education
 law,  as added by section 2 of part A of chapter 97 of the laws of 2011,
 are amended to read as follows:
   6. (a) Notwithstanding any other provision of law to the contrary,  in
 the  event  the  trustee,  trustees  or  board  of education of a school
 district that is subject to the provisions of this  section  proposes  a
 budget  that will require a tax levy that exceeds the tax levy limit for
 the corresponding school year,  not  including  any  levy  necessary  to
 support  the  expenditures pursuant to subparagraphs (i) through (iv) of
 paragraph i of subdivision two of this section, then such  budget  shall
 be  approved  if sixty percent of the votes cast thereon BY THE TRUSTEE,
 TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT are in the  affirma-
 tive.
   (b) Where the trustee, trustees or board of education proposes a budg-
 et subject to the requirements of paragraph (a) of this subdivision, the
 ballot for such budget shall include the following statement in substan-
 tially  the  same  form:  "Adoption  of  this budget requires a tax levy
 increase of         which exceeds the statutory tax levy increase  limit
 of       for this school fiscal year and therefore exceeds the state tax
 cap and must be approved by sixty percent OF THE  TRUSTEE,  TRUSTEES  OR
 BOARD  OF  EDUCATION  MEMBERS  AND FIFTY PERCENT of the qualified voters
 present and voting."
   9. Nothing in this section shall preclude the  trustee,  trustees,  or
 board  of  education  of  a  school  district, in their discretion, from

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

                                                            LBD03956-01-7

 A. 3402                             2
 
 submitting additional items of expenditures to the voters  for  approval
 as  separate  propositions  or  the  voters from submitting propositions
 pursuant to sections two thousand eight and two thousand thirty-five  of
 this part; provided however, except in the case of a proposition submit-
 ted  for any expenditure contained within subparagraphs (i) through (iv)
 of paragraph i of subdivision two of this section, if  any  proposition,
 or  propositions  collectively  that  are  subject to a vote on the same
 date, would require an expenditure of money that  would  require  a  tax
 levy  and  would  result  in  the  tax levy limit being exceeded for the
 corresponding school year then such proposition  shall  be  approved  if
 sixty  percent  of  the  votes  cast thereon OF THE TRUSTEE, TRUSTEES OR
 BOARD OF EDUCATION MEMBERS are in the affirmative.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to subdivisions 6 and 9 of section 2023-a of the educa-
 tion law made by section one of this act shall not affect the repeal  of
 such section and shall be deemed repealed therewith.