NY State Senate Bill 2023-S7253A

Current Bill Status Via A5142 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2023	signed chap.554
Oct 13, 2023	delivered to governor
Jun 08, 2023	returned to assembly passed senate 3rd reading cal.1777 substituted for s7253a
Jun 08, 2023	substituted by a5142b ordered to third reading cal.1777 committee discharged and committed to rules
May 22, 2023	print number 7253a
May 22, 2023	amend (t) and recommit to education
May 19, 2023	referred to education

Votes

- Jun 8, 2023 - Floor Vote
  A5142
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  Jun 8, 2023 - Rules Committee Vote
  S7253A
  
  19
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Sepúlveda
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S7253 - Details

See Assembly Version of this Bill:: A5142
Law Section:: Real Property Taxation
Versions Introduced in 2021-2022 Legislative Session:: S9053, A10233

2023-S7253 - Summary

Establishes the power plant tax assessment reserve fund to reserve against, lessen or prevent increases in the school district's real property tax levy and/or tax rate resulting from decreases in revenue or taxes or a significant shift in tax liability due to a tax certiorari settlement or judgment; defines terms; makes related provisions.

2023-S7253 - Sponsor Memo

                                 
BILL NUMBER: S7253

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the education law, in relation to establishing the
Island Park LIPA power plant tax assessment challenge reserve fund

 
PURPOSE:

To allow Island Park Union Free School District to establish tax
certiorari stabilization funds.

 
SUMMARY OF PROVISIONS:

Section One provides that the Island Park Union Free School District may
establish a tax assessment challenge reserve fund in order to reserve
against, lessen, or prevent increases in the school district's real
property tax levy and/or tax rate resulting from decreases in revenue or
taxes or a significant shift in tax liability due to a tax certiorari
settlement or judgment. The establishment of such fund would need to be
approved on the consent of the majority of the voters present at either

a special district meeting or at the annual district meeting.

Section Two provides the effective date.

 
JUSTIFICATION:

Tax certiorari challenges present a significant obstacle for our local
governments and school districts in their ability to remain fiscally
stable. When faced with a tax certiorari challenge, these entities must
decide whether to negotiate a settlement and suffer potentially large
losses in revenue, or to progress with costly legal proceedings. Adverse
judgments of this magnitude could have a crippling on taxpayers. Towns
and districts could be forced to cut services and programs that are so
desperately needed by residents and our children, respectively. Allowing
school districts the ability to plan for such challenges will protect
taxpayers. This bill will help decrease the impact of such settlements
or adverse judgments if, and when, they arise.

 
LEGISLATIVE HISTORY:

2022: S.9053, Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S7253 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7253
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 AN  ACT  to  amend  the  education  law, in relation to establishing the
   Island Park LIPA power plant tax assessment challenge reserve fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The education law is amended by adding a new section 3654
 to read as follows:
   § 3654. ISLAND PARK LIPA POWER PLANT TAX ASSESSMENT CHALLENGE  RESERVE
 FUND. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "BOARD OF EDUCATION" OR "BOARD" SHALL MEAN THE BOARD OF  EDUCATION
 OF THE ISLAND PARK UNION FREE SCHOOL DISTRICT.
   (B)  "ISLAND  PARK  LIPA  POWER PLANT TAX ASSESSMENT CHALLENGE RESERVE
 FUND" OR "FUND" SHALL MEAN THE ISLAND PARK LIPA POWER PLANT TAX  ASSESS-
 MENT CHALLENGE RESERVE FUND  ESTABLISHED  PURSUANT  TO THIS SECTION.
   (C)   "SCHOOL   DISTRICT"   OR  "DISTRICT"  SHALL MEAN THE ISLAND PARK
 UNION FREE SCHOOL DISTRICT.
   2. THE BOARD OF EDUCATION IS HEREBY AUTHORIZED TO ESTABLISH AN  ISLAND
 PARK  LIPA  POWER PLANT TAX ASSESSMENT CHALLENGE RESERVE FUND TO RESERVE
 AGAINST, OR LESSEN OR PREVENT INCREASES  IN THE SCHOOL  DISTRICT'S  REAL
 PROPERTY TAX LEVY AND/OR TAX RATE RESULTING FROM DECREASES IN REVENUE OR
 TAXES  OR  A  SIGNIFICANT SHIFT IN TAX LIABILITY DUE TO A TAX CERTIORARI
 SETTLEMENT OR JUDGMENT PROVIDED, HOWEVER, THAT NO  SUCH  FUND  SHALL  BE
 ESTABLISHED UNLESS APPROVED BY A MAJORITY VOTE OF THE VOTERS PRESENT AND
 VOTING  ON  A  SEPARATE  BALLOT PROPOSITION THEREFOR AT EITHER A SPECIAL
 DISTRICT MEETING WHICH THE BOARD OF EDUCATION MAY CALL FOR SUCH  PURPOSE
 OR  AT  THE  ANNUAL  DISTRICT  MEETING  AND  ELECTION, TO BE NOTICED AND
 CONDUCTED IN EITHER CASE IN ACCORDANCE WITH ARTICLE  FORTY-ONE  OF  THIS
 CHAPTER. SUCH SEPARATE PROPOSITION SHALL SET FORTH THE MAXIMUM ALLOWABLE
 BALANCE TO BE DEPOSITED AND HELD IN THE ISLAND PARK LIPA POWER PLANT TAX
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09707-01-3

 S. 7253                             2
 
 ASSESSMENT  CHALLENGE  RESERVE FUND. MONEYS SHALL BE PAID INTO AND WITH-
 DRAWN FROM THE FUND AND THE FUND SHALL BE ADMINISTERED AS FOLLOWS:
   (A)  THE  BOARD  OF EDUCATION IS HEREBY AUTHORIZED TO RECEIVE PAYMENTS
 INTO  ITS  ISLAND PARK LIPA POWER PLANT TAX ASSESSMENT CHALLENGE RESERVE
 FUND  FROM  ANY  AVAILABLE FUNDS OR SOURCES OF  REVENUE,  INCLUDING  ANY
 SURPLUS FROM AN EXISTING RESERVE FUND.
   (B)   MONEYS  MAY  BE  WITHDRAWN FROM THE ISLAND PARK LIPA POWER PLANT
 TAX ASSESSMENT CHALLENGE RESERVE FUND BY RESOLUTION OF THE BOARD FOR ANY
 FISCAL YEAR, TO BE EXPENDED FOR ANY   LAWFUL PURPOSE, TO    LESSEN    OR
 PREVENT  INCREASES IN THE DISTRICT'S TAX LEVY. WITHDRAWALS FROM THE FUND
 SHALL  BE  DISCLOSED  IN  A   MANNER   CONSISTENT   WITH   THE  REQUIRED
 DISCLOSURES  OF  SIMILAR  RESERVE  FUNDS HELD BY THE DISTRICT, INCLUDING
 DISCLOSURES  REQUIRED  BY  THE  PROPERTY TAX REPORT CARD PREPARED BY THE
 DISTRICT PURSUANT TO   THE   PROVISIONS   OF   SUBDIVISION   SEVEN    OF
 SECTION  SEVENTEEN  HUNDRED  SIXTEEN  OF  THIS CHAPTER.
   § 2. This act shall take effect immediately.

2023-S7253A (ACTIVE) - Details

See Assembly Version of this Bill:: A5142
Law Section:: Real Property Taxation
Versions Introduced in 2021-2022 Legislative Session:: S9053, A10233

2023-S7253A (ACTIVE) - Summary

2023-S7253A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7253A

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act relating to establishing the Island Park LIPA power plant tax
assessment reserve fund

 
PURPOSE:

To allow Island Park Union Free School District to establish tax
certiorari stabilization funds.

 
SUMMARY OF PROVISIONS:

Section 1: Provides the Legislative Findings

Section 2: Provides relevant definitions for the purposes of this act.

Section 3: Authorizes the board of education to establish a power plant
tax assessment reserve fund to lessen or prevent increases in the school
district's real property tax levy and/or tax rate resulting from

decreases in revenue or taxes or a significant shift in tax liability
due to a tax certiorari settlement or judgment provided, however, that
no such fund shall be established unless approved by a majority vote of
the voters present and voting on a separate ballot proposition therefor
at either a special district meeting which the board of education may
call for such purpose or at the annual district meeting and election, to
be noticed and conducted in either case in accordance with article 41 of
the education law.  Such separate proposition shall set forth the maxi-
mum allowable balance to be deposited and held in the power plant tax
assessment reserve fund. Moneys shall be paid into and withdrawn from
the fund and the fund shall be administered as follows:

(a) For any school district fiscal year commencing after the effective
date of this act and after the establishment of the power plant tax
assessment reserve fund, the board of education may receive payments
into its power plant tax assessment reserve fund from any sources of
revenue resulting from a settlement with the Long Island Power Authori-
ty; provided that no payment into the fund shall cause the balance of
the fund to exceed the amount approved in the ballot proposition pursu-
ant to this subdivision.

(b) Moneys may be withdrawn from the power plant tax assessment reserve
fund by resolution of the board for any fiscal year, to be expended for
any lawful purpose, to lessen or prevent increases in the district's tax
levy and/or tax rate. Withdrawals from the fund shall be disclosed in a
manner consistent with the required disclosures of similar reserve funds
held by the district, including disclosures required by the property tax
report card prepared by the district pursuant to the provisions of
subdivision 7 of section 1716 of the education law; and deposits and
withdrawals made in each fiscal year shall be subject to the district's
annual budget approval process.

(c) The moneys in the power plant tax assessment reserve fund shall be
deposited, invested and accounted for in the manner provided for in
subdivisions 2 and 6 of section 3651 and section 3652 of the education
law.

Section 4: Provides the effective date.

 
JUSTIFICATION:

Tax certiorari challenges present a significant obstacle for our local
governments and school districts in their ability to remain fiscally
stable. When faced with a tax certiorari challenge, these entities must
decide whether to negotiate a settlement and suffer potentially large
losses in revenue, or to progress with costly legal proceedings. Adverse
judgments of this magnitude could have a crippling on taxpayers. Towns
and districts could be forced to cut services and programs that are so
desperately needed by residents and our children, respectively. Allowing
school districts the ability to plan for such challenges will protect
taxpayers. This bill will help decrease the impact of such settlements
or adverse judgments if, and when, they arise.

 
LEGISLATIVE HISTORY:

2022: S.9053, Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S7253A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7253--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT relating to establishing the Island Park  LIPA  power  plant  tax
   assessment reserve fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative findings. The legislature  hereby  finds  that
 the  tax certiorari settlement between Nassau County and the Long Island
 Power Authority regarding the Island Park  Power  Plant  may  result  in
 instability  in  the real property tax base and the budget of the Island
 Park union free school district due to a decrease in  revenue  or  taxes
 and/or a significant shift in tax liability to the taxpayers.
   § 2. Definitions. As used in this act:
   (a) "Board of education" or "board" shall mean the board of  education
 of the Island Park union free school district.
   (b) "Power plant tax assessment reserve fund" or "fund" shall mean the
 power  plant tax assessment reserve fund  established  pursuant  to this
 act.
   (c)  "School  district"  or  "district"   shall mean the  Island  Park
 union free school district.
   §  3.  Power plant tax assessment reserve fund. The board of education
 is hereby authorized to establish a power plant tax  assessment  reserve
 fund  to lessen or prevent increases in the school district's real prop-
 erty tax levy and/or tax rate resulting from  decreases  in  revenue  or
 taxes  or  a  significant shift in tax liability due to a tax certiorari
 settlement or judgment provided, however, that no  such  fund  shall  be
 established unless approved by a majority vote of the voters present and
 voting  on  a  separate  ballot proposition therefor at either a special
 district meeting which the board of education may call for such  purpose
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09707-04-3

 S. 7253--A                          2
 
 or  at  the  annual  district  meeting  and  election, to be noticed and
 conducted in either case in accordance with article 41 of the  education
 law.  Such  separate  proposition  shall set forth the maximum allowable
 balance  to  be  deposited  and  held  in the power plant tax assessment
 reserve fund. Moneys shall be paid into and withdrawn from the fund  and
 the fund shall be administered as follows:
   (a) For any school district fiscal year commencing after the effective
 date  of  this  act  and  after the establishment of the power plant tax
 assessment reserve fund, the board of  education  may  receive  payments
 into  its  power  plant  tax assessment reserve fund from any sources of
 revenue resulting from a settlement with the Long Island Power  Authori-
 ty;  provided  that  no payment into the fund shall cause the balance of
 the fund to exceed the amount approved in the ballot proposition  pursu-
 ant to this subdivision.
   (b)  Moneys  may  be  withdrawn  from  the  power plant tax assessment
 reserve fund by resolution of the board  for  any  fiscal  year,  to  be
 expended  for  any lawful purpose, to lessen or prevent increases in the
 district's tax levy and/or tax rate. Withdrawals from the fund shall  be
 disclosed  in a manner consistent with the required disclosures of simi-
 lar reserve funds held by the district, including  disclosures  required
 by the property tax report card prepared by the district pursuant to the
 provisions  of  subdivision  7 of section 1716 of the education law; and
 deposits and withdrawals made in each fiscal year shall  be  subject  to
 the district's annual budget approval process.
   (c) The moneys in the power plant tax assessment reserve fund shall be
 deposited,  invested  and  accounted  for  in the manner provided for in
 subdivisions 2 and 6 of section 3651 and section 3652 of  the  education
 law.
   § 4. This act shall take effect immediately.

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Senate Bill S7253A

Sponsored By

Current Bill Status Via A5142 - Signed by Governor

Jun 8, 2023 - Floor Vote

Floor Vote: Jun 8, 2023

Jun 8, 2023 - Rules Committee Vote

Rules Committee Vote: Jun 8, 2023

Bill Amendments

2023-S7253 - Details

2023-S7253 - Summary

2023-S7253 - Sponsor Memo

2023-S7253 - Bill Text download pdf

2023-S7253A (ACTIVE) - Details

2023-S7253A (ACTIVE) - Summary

2023-S7253A (ACTIVE) - Sponsor Memo

2023-S7253A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7253A

Share this bill

Sponsored By

Patricia Canzoneri-Fitzpatrick

Current Bill Status Via A5142 - Signed by Governor

Bill Amendments

2023-S7253 - Details

2023-S7253 - Summary

2023-S7253 - Sponsor Memo

2023-S7253 - Bill Text download pdf

2023-S7253A (ACTIVE) - Details

2023-S7253A (ACTIVE) - Summary

2023-S7253A (ACTIVE) - Sponsor Memo

2023-S7253A (ACTIVE) - Bill Text download pdf

Comments