NY State Senate Bill 2023-S123

Senate Bill S123

2023-2024 Legislative Session

Relates to excluding expenditures for school resource officers employed by a municipality and assigned to a school district from tax levy limitations

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Current 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, 2024	referred to education
Jan 04, 2023	referred to education

co-Sponsors

2023-S123 (ACTIVE) - Details

See Assembly Version of this Bill:: A1527
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2023-a & 2, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9502
2017-2018: A846
2019-2020: S8063, A3186
2021-2022: S3311, A104

2023-S123 (ACTIVE) - Summary

Excludes expenditures for school resource officers employed by a municipality and assigned to a school district from tax levy limitations.

2023-S123 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S123

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the education law, in relation to excluding expenditures
for school resource officers employed by a municipality and assigned to
a school district from tax levy limitations

 
PURPOSE:

To provide increased flexibility to school districts within the property
tax cap to utilize a municipally employed school resource officer.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of this bill amend section 2023-a of the education law
by adding a provision relating to expenditures that are exempt from the
school district tax cap. The new provision exempts the portion of the
tax levy necessary for expenditures to pay for a school resource offi-
cer.

Section 3 amends section 2 of the education law by adding the term
"school resource officer" and its definition.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Safety and security are vital necessities when it comes to our school
districts. Recent events around the country have shown us that it is
imperative to have adequate measures of protection at our schools, in
order to ensure the safety of children, staff and any individual who
steps into the school. Allowing this expenditure to be exempt from the
tax cap will assist school districts in providing for increased safety
and security.

While providing safety and security for various communities across the
state, this legislation will also provide incentive for school districts
to comply with section 1318 of the real property tax law, which states
that school.districts must not have any operating funds in excess of
four percent of the current school year budget.

 
LEGISLATIVE HISTORY:

2021-22: S/3311A/A.104

2019-2020: S.8063,A.3186

2017-2018: S.1025/A.846

2015-2016: S.6878/A.9502

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S123 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    123
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 excluding expenditures
   for school resource officers employed by a municipality  and  assigned
   to a school district from tax levy limitations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (iii) and (iv) of paragraph i of  subdivision
 2  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 and a new  subparagraph
 (v) is added to read as follows:
   (iii)  in  years in which the normal contribution rate of the New York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 sion two of section five hundred seventeen of this chapter, increases by
 more than two percentage points from  the  previous  year,  a  tax  levy
 necessary  for  expenditures  for  the  coming  fiscal  year  for school
 district employer contributions to the New York state teachers'  retire-
 ment  system  caused by growth in the normal contribution rate minus two
 percentage points; [and]
   (iv) a capital tax levy[.]; AND
   (V) A TAX LEVY NECESSARY FOR EXPENDITURES TO PAY FOR A SCHOOL RESOURCE
 OFFICER THAT IS CURRENTLY EMPLOYED BY A MUNICIPALITY AND ASSIGNED TO THE
 SCHOOL DISTRICT PROVIDED THAT THE SCHOOL DISTRICT IS IN COMPLIANCE  WITH
 SECTION THIRTEEN HUNDRED EIGHTEEN OF THE REAL PROPERTY TAX LAW.
   § 2. Paragraph (a) of 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00535-01-3
 S. 123                              2
 
 will  require  a tax levy that exceeds the tax levy limit for the corre-
 sponding school year, not including any levy necessary  to  support  the
 expenditures  pursuant  to subparagraphs (i) through [(iv)] (V) of para-
 graph  i  of  subdivision two of this section, then such budget shall be
 approved if sixty percent of the votes cast thereon are in the  affirma-
 tive.
   §  3. Section 2 of the education law is amended by adding a new subdi-
 vision 25 to read as follows:
   25. "SCHOOL RESOURCE OFFICER" SHALL BE DEFINED AS A POLICE OFFICER  OR
 PEACE  OFFICER  WHO  SERVES IN A ROLE AS SECURITY PERSONNEL FOR A SCHOOL
 DISTRICT.
   § 4. This act shall take effect immediately.

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Senate Bill S123

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Sponsored By

Patrick M. Gallivan