NY State Senate Bill 2017-S3969

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Jan 31, 2017	referred to education

co-Sponsors

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2017-S3969 (ACTIVE) - Details

See Assembly Version of this Bill:: A226
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7178, A9792
2019-2020: A6533
2021-2022: A6081
2023-2024: A4687

2017-S3969 (ACTIVE) - Summary

Provides that the tax levy limit shall be equal to a zero percent increase over the prior year tax levy when the difference between the total amount of taxes levied for the prior year less the tax levy limit results in a negative number.

2017-S3969 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3969

 TITLE OF BILL :  An act to amend the education law, in relation to
limitations upon school district tax levies

 PURPOSE :

This bill would ensure that no school district has a negative tax cap.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend subdivision 3 of section 2023-a of
the education law to state that the tax levy limit for school
districts cannot be less than zero.

Section 2 of the bill establishes the effective date.

 JUSTIFICATION :

Through the first four years of the property tax cap, a number of
school districts have faced a negative tax cap. Due to the complex
nature of the formula and the number of factors used, school districts
can be capped at tax levies that are actually less than the levies in
the prior year. This means that a school district would have to cut
its tax levy and any programs and services those funds support, or
hope for a supermajority (60 percent) approval of its budget in order

to simply keep the tax levy flat.

The prospect of a negative tax cap also acts as a disincentive to many
school districts when it comes to finding budgetary efficiencies. For
example, if a district pre-pays debt related to construction of school
buildings, those savings would have a harmful effect on the district's
tax cap, potentially resulting in a year to year mandated reduction in
the property tax levy (negative tax cap).

The current process is also confusing to voters. The tax cap has been
advertised as a limit on the annual growth in property taxes, with a
supermajority needed to increase property taxes beyond that level.
School districts often struggle to explain to voters exactly why that
same supermajority might be needed to keep taxes flat or even decrease
taxes by an amount less than what a negative tax cap would allow.

 LEGISLATIVE HISTORY :

S.7178A/A.9792

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
Immediate, with qualification.

2017-S3969 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3969
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 Introduced  by  Sens. SEWARD, AMEDORE -- 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  limitations  upon
   school district tax levies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision  3  of  section  2023-a  of  the
 education law, as added by section 2 of part A of chapter 97 of the laws
 of 2011, is amended to read as follows:
   b.  PROVIDED,  HOWEVER,  IF THE DIFFERENCE BETWEEN THE TOTAL AMOUNT OF
 TAXES LEVIED FOR THE PRIOR YEAR LESS THE TAX LEVY  LIMIT  RESULTS  IN  A
 NEGATIVE  NUMBER,  THE  TAX  LEVY LIMIT SHALL BE EQUAL TO A ZERO PERCENT
 INCREASE OVER THE PRIOR YEAR TAX LEVY.
   C. On or before March first of each year, any school district  subject
 to the provisions of this section shall submit to the state comptroller,
 the  commissioner,  and  the  commissioner of taxation and finance, in a
 form and manner prescribed by the  state  comptroller,  any  information
 necessary  for  the  calculation  of  the tax levy limit; and the school
 district's determination of the tax levy limit pursuant to this  section
 shall  be  subject to review by the commissioner and the commissioner of
 taxation and finance.
   § 2. This act shall take effect immediately, provided,  however,  that
 the  amendments  to  section 2023-a of the education law made by section
 one of this act shall not affect the repeal of such section and shall be
 deemed to be repealed therewith.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02173-01-7

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Senate Bill S3969

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2017-S3969 (ACTIVE) - Details

2017-S3969 (ACTIVE) - Summary

2017-S3969 (ACTIVE) - Sponsor Memo

2017-S3969 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3969

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Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2017-S3969 (ACTIVE) - Details

2017-S3969 (ACTIVE) - Summary

2017-S3969 (ACTIVE) - Sponsor Memo

2017-S3969 (ACTIVE) - Bill Text download pdf

Comments