Relates to the effect of failed propositions on voter approval for remaining propositions not collectively exceeding the tax levy limit

3 Co-sponsors

• Phil Boyle
• George Latimer
• Robert Ortt

Title of bill

An act to amend the education law, in relation to the effect of failed propositions on voter approval for remaining propositions not collectively exceeding the tax levy limit

Purpose

Relates to the effect of failed propositions on voter approval for remaining propositions not collectively exceeding the tax levy limit.

Summary of provisions

Amends Subdivision 9 of Section 2023-a of the Education Law to provide that when a school budget proposition is below the tax levy limit, and the ballot includes one or more separate propositions which, if enacted with the budget proposition, would collectively require a tax levy exceeding the limit, only those separate propositions which would cause the limit to be exceeded would be subject to the 60% supermajority requirement for approval.

Justification

School district budget election ballots often include separate spending propositions in addition to the school district budget proposal. These additional, separate propositions can be added by the school district or even by the voters themselves. The budget proposal and the additional propositions are listed separately on the ballot and voted on independently.

If any of these separate propositions would require additional spending that exceeds the tax cap, then the Education Department currently requires that all propositions on the ballot must obtain a 60% supermajority for approval, even if the other propositions would not exceed the cap.

For example, in 2015 the Patchogue-Medford School District in Suffolk County presented a 2015-16 school budget proposal below the tax cap. However, a group of residents successfully added a separate proposition to the ballot to increase bus service. Approval of the proposition would have required an increase in the tax levy that would have exceeded the tax cap. Therefore, the Education Department required that both the budget proposal and the expanded transportation proposition required a supermajority for approval. The voters approved the budget proposal, but by less than a supermajority, while the transportation proposition was defeated outright. The school district must now hold a revote.

This is clearly a misinterpretation of the Legislature's intent. This bill clarifies that if the school budget proposal is below the cap, the supermajority requirement only applies to those additional propositions which would cause the cap to be exceeded.

Legislative history

2015: New Legislation

Fiscal implications

None to the State.

Effective date

Immediately.