Enacts the "truth in voting act"

Summary of provisions

Section 1. Legislative intent.

Section 2. This act shall be known and may be cited as the "truth in voting act".

Section 3. Amends section 2022 of the education law as follows:

Subdivision 1 is amended requiring bond resolutions to be voted on at the same time as the school budget vote. Further, school districts are to prepare and present a proposed contingent budget along with the proposed budget at the annual budget hearing.

Paragraph a of subdivision 2-a is amended to require school districts to prepare an itemized list detailing which programs are to be reduced or eliminated in a form and manner prescribed by the commissioner Such list shall be attached to the annual budget hearing notice.

Section 4. Amends section 2022 in the same manner as section 3 above.

Section 5. Amends section 2022 of the education law as follows:

Subdivision 2-a is amended by adding a new paragraph c mandating that school districts shall not use public funds to disseminate partisan information regarding a vote on or an election. Further, a school district shall not allow access to a school's channels of communication or transportation to espouse a partisan position.

Section 6. Amends section 1608 of the education law to amend paragraph a, subdivision 7 and to add two new subdivisions 4-a and 8.

Paragraph a of subdivision 7 amends the property tax report card to include (v) the amount of unexpended surplus funds. "Unexpended surplus funds" shall mean any and all operating funds in excess of two percent of the current school year budget, regardless of the account in which such funds are held.

Subdivision 4-a is added to require all general fund appropriations to be voted on in a single proposition.

Subdivision 8 is added to require school districts to prepare annually a "school budget comparison card", stating the following:

(a) the amount appropriated in the previous year's budget (b) the amount expended the previous year (c) the amount to be appropriated under the proposed budget for the ensuing year (d) the maximum contingent budget cap as calculated under education law § 2023 (e) the amount to be appropriated under the proposed contingent budget for the ensuing year

Section 7. Amends section 1608 in the same manner as section 6 above.

Section 8. Amends section 2601-a of the education law to amend subdivi- sion 7 and to add two new subdivisions 3-a and 8 in the same manner as in section 6 above.

Section 9. Amends section 2601-a in the same manner as section 8 above.

Section 10. Adds a new section 141 to the education law entitled "disclosure of violations".

Section 11. The effective date.

Justification

It is the intention of this legislation to provide the public with detailed information pertaining to the school budget process. Such information should be written in a manner that is clear, concise and easily understood by the average reader.

This legislation would allow local taxpayers to know up front, the consequences that accompany a contingent budget should the initial school budget be defeated. It would also require school districts to compose a detailed list of those programs that would be reduced or elim- inated under a contingent budget.

Currently, school districts are required to provide the public with notice and information regarding the annual school budget hearing, and the school budget vote. However, in the event a budget is defeated, this process may sometimes be used to push through budgets by disseminating information that may be confusing, misleading and intimidating. Resi- dents of a school district must never feel compelled to vote for a budg- et based upon speculation or threats of broad sweeping cuts. Often people must choose between an untenable school property tax increase or the possible reduction or elimination of important educational programs such as kindergarten, athletics, advanced placement courses, etc. If the school board's plan is to cut such programs, they must be specific in detailing how the cuts will be made.

In order to ensure that people are armed with enough information to make an informed decision, residents should be made aware of whether the cuts are to be made across the board or whether they are to be more narrowly tailored. For instance, where a school district says it is going to

eliminate athletics, they must articulate which sports and at what level (modified, freshmen, junior varsity, or varsity). Also, where a school district says its going to reduce or eliminate advanced placement cours- es, music, art, reading or any other programs, it must specify each course/program by name. Attached to each initiative to be reduced or eliminated must be a dollar amount so that it is clearly evident to the taxpayer how much money the school district would save from such meas- ures.

Residents must be afforded the most accurate information possible regarding the decisions made by their local school board. It must be the goal of every school district to enlighten the public regarding the choices made in deciding where and how school property tax dollars are spent.

Legislative history

2011-12 S.4986; 2009-10 S.2800; 2007-08, S.3817; 2005-06, S.421; 2003-04, S.6164.

Fiscal implications

To be Determined.

Effective date

This act shall take effect immediately, provided that:

1. the amendments to section 2022 of the education law made by section 3 of this act shall be subject to the expiration and reversion of such section pursuant to section 13 of chapter 97 of the laws of 2011, as amended, when upon such date the provisions of section four of this act shall take effect;

2. subdivision 2-a of section 2022 of the education law as added by section 5 of this act shall survive the expiration and reversion of such section as provided in section 13 of chapter 97 of the laws of 2011, as amended;

3. the amendments to paragraph a of subdivision 7 of section 1608 of the education law made by section 6 of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of chapter 97 of the laws of 2011, as amended, when upon such date the provisions of section 7 of this act shall take effect; and

4. the amendments to subdivision 7 of section 2601-a of the education law made by section 8 of this act shall be subject to the expiration and reversion of such section pursuant to section 13 of chapter 97 of the

laws of 2011, as amended, when upon such date the provisions of section 9 of this act shall take effect.