NY State Senate Bill 2021-S3634

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 05, 2022	referred to education
Jan 30, 2021	referred to education

co-Sponsors

2021-S3634 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7052
2019-2020: S210
2023-2024: S989

2021-S3634 (ACTIVE) - Summary

Relates to school district tax levies.

2021-S3634 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3634

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the education law, in relation to school district tax
levies

 
PURPOSE OR GENERAL IDEA OF BILL:

To require a simple majority vote for approval of a school budget that
exceeds the property tax cap.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend the property tax cap statute by requiring a simple
majority vote instead of a sixty percent super majority vote to approve
a school budget that exceeds the property tax cap.

 
JUSTIFICATION:

In 2011, the Governor signed into law a two percent real property tax
cap for local taxing entities, including school districts, to control
the amount of property tax increases. In order for a school district to
pass a budget that is at or below the tax cap, only a 50 percent or
simple majority vote is needed. However, the vote required to pass a
school budget that exceeds the tax cap is a 60 percent supermajority.

The threshold of a 60 percent supermajority to override the tax cap is
problematic and unfair. According to the New York State School Boards
Association (NYSSBA), in 2012, among the 48 school districts that sought
a 60 percent supermajority vote to approve a budget that exceeds the tax
cap, 19 school budgets (40 percent) saw defeat and sometimes by a tiny
margin. For example, in the New Paltz school district in Ulster County,
where more than. 59 percent of voters supported the spending plan, the
budget was defeated by a mere 18 votes. Among the 19 defeated budgets,
there were eight that would have been approved if only the traditional
simple majority had been required. These results underline a fundamental
unfairness in the 60 percent supermajority requirement which makes the
votes of those who support an override much less powerful than the votes
of those who oppose an override. In effect, 41 percent of local voters
have more power than 59 percent of local voters. Even Massachusetts,
which has been looked at by New York and other states as a model for
property tax reform, only requires a simple majority vote for approving
an override of its tax cap.

Furthermore, evidence suggests that wealthier communities both attempt
more tax cap overrides and are more successful in passing them.  NYSSBA
research shows that school districts where budgets passed with superma-
jority approval had higher average income and property values than those
that failed. Thus, the 60 percent supermajority requirement could lead
to even more educational disparities across the State between lower
income communities relative to their higher income counterparts. To
address these inequities, I am proposing this legislation to only
require a simple majority to override the property tax cap.

 
PRIOR LEGISLATIVE HISTORY:

S. 210 of 2019/20 Referred to Education
S. 7052 of 2018 referred to Education Committee

 
FISCAL IMPLICATIONS:

None to the State.

2021-S3634 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3634
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  school  district  tax
   levies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 6 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:
   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] A MAJORITY of the votes cast thereon are
 in the affirmative.
   (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] A MAJORITY of the qualified
 voters present and voting."
   § 2. Subdivision 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,  is  amended  to
 read as follows:
   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.

                                                            LBD07457-01-1

 S. 3634                             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] A MAJORITY of the votes cast thereon are in the affirma-
 tive.
   § 3. This act shall take effect immediately.

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Senate Bill S3634

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2021-S3634 (ACTIVE) - Details

2021-S3634 (ACTIVE) - Summary

2021-S3634 (ACTIVE) - Sponsor Memo

2021-S3634 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3634

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

Patrick M. Gallivan

Mike Martucci

2021-S3634 (ACTIVE) - Details

2021-S3634 (ACTIVE) - Summary

2021-S3634 (ACTIVE) - Sponsor Memo

2021-S3634 (ACTIVE) - Bill Text download pdf

Comments