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- 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.
Exempts certain BOCES capital expenditures from limitations upon local school district tax levies
In Assembly Committee · Education · Sponsor Sandy Galef
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to exempting BOCES capital expenditures from limitations upon local school district tax levies
Purpose
The purpose of this legislation is to exempt BOCES capital expenditures from limitations upon local school district tax levies.
Summary of provisions
Section 1. Paragraph c of subdivision 2 of section 2023-a of the Education Law is amended as follows: c. "Capital expenditures" means the taxes associated with budgeted expenditures resulting from the financing, refinancing, acquisition, design, construction, reconstruction, rehabilitation, improvement, furnishing and equipping of, or otherwise providing for school district capital facilities or school district capital equipment, including debt service and lease expenditures, and transportation capital debt service, subject to the approval of the qualified voters where required by law and the school district's share of capital expenditures for boards of cooperative educational services as authorized pursuant to subparagraph one of paragraph b of subdivision thirteen, and paragraph a of subdivision fourteen of section nineteen hundred fifty of this title.
Read the full memo (802 words)
Section 2. Paragraph b of subdivision 4 of section 2023 of the Education Law is amended by adding the following statement to the end of the current language: "provided, however, the school district's share of capital expenditures for boards of cooperative educational services as authorized pursuant to subparagraph one of paragraph b of subdivision four, paragraphs p, t and u of subdivision four, paragraphs a and b of subdivision thirteen and paragraph a of subdivision fourteen of section nineteen hundred fifty of this title shall not be included in total spending.
Section 3. Subparagraph 1 of paragraph b of subdivision 4 of section 1950 of the Education Law is amended by adding the following to the language at the end: "provided, however, such capital costs shall not be included in a school district's tax levy pursuant to section two thousand-three-a of this title.
Section 4. Subparagraph (a) of paragraph p of subdivision 4 of section 1950 of the Education Law is amended by adding the following language at the end: "provided, however, such capital costs shall not be included in a school district's tax levy pursuant to section two thousand-three-a of this title.
Section 5. Paragraph t of subdivision 4 of section 1950 of the Education Law is amended by adding the following language to the end: "provided, however, such capital costs shall not be included in a school district's tax levy pursuant to section two thousand-three-a of this title.
Section 6. Paragraph u of subdivision 4 of section 1950 of the Education Law is amended by adding the following language to the end: "provided, however, such capital costs shall not be included in a school district's tax levy pursuant to section two thousand-three-a of this title.
Section 7. Paragraph g of subdivision 5 of section 1950 of the Education Law is amended by adding the following language to the end: "provided, however, such capital costs shall not be included in a school district's tax levy pursuant to section two thousand-three-a of this title.
Section 8. Paragraph a and b of subdivision 13 of section 1950 of the Education Law are amended by adding the following to the end of each paragraph: "provided, however, such capital costs shall not be included in a school district's tax levy pursuant to section two thousand-three-a of this title.
Section 9. Paragraph a and b of subdivision 14 of section 1950 of the Education Law are amended by adding the following to the end of each paragraph: "provided, however, such capital costs shall not be included in a school district's tax levy pursuant to section two thousand-three-a of this title.
Section 10. Establishes the effective date.
Justification
When the New York State Legislature adopted the tax cap legislation in 2011, it allowed school districts to exclude bonding for capital projects from the cap. The tax cap legislation did not include an exemption for BOCES capital projects. This legislation corrects that oversight.
Fiscal implications
2013-2014: S.2800 2011-2012: S.6704
Effective date
This act shall take effect immediately; provided that the amendments to paragraph c of subdivision 2 of section 2023-a of the Education Law made by section one of this act shall be subject to the repeal of such section and shall be deemed repealed therewith; provided further, that the amendments to paragraph b of subdivision 4 of section 2023 of the education law made by section two of this act shall be subject to the expiration of such section and shall be deemed to expire therewith; and provided further, that the amendments to subparagraph (a) of paragraph p of subdivision 4 of section 1950 of the Education Law made by section four of this act shall be subject to the expiration of such subparagraph and shall be deemed to expire therewith.
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