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S7433Senate2011-2012 SessionSame asA10676

Relates to limitations on school district tax levies

Sponsor Jack M. MartinsSD-7Affects Education
Status
In Senate Committee
Education
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Education

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Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Local Government

No co-sponsors yet.

History

  1. Amend by restoring to original print 7433
  2. Print number 7433a
  3. Amend and recommit to education
  4. Referred to education

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10676Assembly

Relates to limitations on school district tax levies

In Assembly Committee · Education · Sponsor Harvey Weisenberg

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S7433

Title of bill

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

Purpose

To provide an exclusion of tax certiorari refund payments from school tax levy limits in relation to the real property tax cap.

Summary of provisions

Section one amends section 2023-a of the education law by adding a new subdivision 3(a) to authorize the Comptroller to determine the costs and savings for local governments and school districts affected by tax refunds from certiorari and allow for the tax levy to be adjusted in accordance with those refunds.

Section two sets the enacting date.

Justification

In 2010, the Nassau County Legislature voted to repeal the "County Guarantee" for refunds from successful tax certiorari proceedings, effective in the 2012-13 school year. School districts in Nassau County will now be responsible for a majority of the refunds resulting from such proceedings, and these figures must now be factored into the school districts' budgets. Applying this unknown annual sum of tax certiorari refunds into the calculation of a school district's tax levy will unintentionally adversely impact taxpayers.

General Municipal Law section 3-c provides that where the responsibility and associated cost of a local government function is transferred to another local government, the State Comptroller must determine the costs and savings for the affected local governments attributable to the transfer for the first fiscal year following the transfer. However, there is no equivalent provision in Education Law section 2023-a, covering transfers between school districts and local governments. Without this change, school districts would now bear the additional burden of paying these claims within a tax levy cap that did not previously contemplate such liabilities.

This bill is a technical correction which would provide for the equivalent treatment of school districts, as compared with other similarly situated special assessing units with respect to the allocation and adjustment process.

Prior legislative history

None.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.