What's happening
This bill lowers the approval threshold for school district budgets and tax levy increases from 60% of voters to a simple majority.
Why it matters
Makes it easier for school districts to pass budgets and tax levy increases. that exceed the state-imposed cap, potentially leading to more frequent approval of higher school spending and property tax increases.
Could result in increased funding for schools. by lowering the barrier for budget approval, allowing districts to address needs such as facility upgrades, teacher salaries, and educational programs that might have struggled to get supermajority support.
Shifts more power to the majority of voters. and away from a blocking minority, which may make school finance decisions more reflective of overall community sentiment, but could also reduce the influence of taxpayers particularly concerned about property taxes.
May impact property tax rates and local budgets. for homeowners, as it could lead to more tax levy increases passing by a simple majority, meaning property owners might see more frequent or larger increases in their school property tax bills.
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Who cares
Headline styles
Lower School Tax Vote Threshold
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
3 Co-sponsors
History
- 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.
Lower Threshold for School Tax Hikes
In Assembly Committee · Education · Sponsor Ellen C. Jaffee
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7052
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to school district tax levies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 2023-a of the education law, as added by section 2 of part A of chapter 97 of the laws of 2011, is amended to read as follows:
6. (a) Notwithstanding any other provision of law to the contrary, in the event the trustee, trustees or board of education of a school district that is subject to the provisions of this section proposes a budget that will require a tax levy that exceeds the tax levy limit for the corresponding school year, not including any levy necessary to support the expenditures pursuant to subparagraphs (i) through (iv) of paragraph i of subdivision two of this section, then such budget shall be approved if [sixty percent] a majority of the votes cast thereon are in the affirmative.
(b) Where the trustee, trustees or board of education proposes a budget subject to the requirements of paragraph (a) of this subdivision, the ballot for such budget shall include the following statement in substantially the same form: "Adoption of this budget requires a tax levy increase of which exceeds the statutory tax levy increase limit of for this school fiscal year and therefore exceeds the state tax cap and must be approved by [sixty percent] a majority of the qualified voters present and voting."
§ 2. Subdivision 9 of section 2023-a of the education law, as added by section 2 of part A of chapter 97 of the laws of 2011, is amended to read as follows:
9. Nothing in this section shall preclude the trustee, trustees, or board of education of a school district, in their discretion, from submitting additional items of expenditures to the voters for approval as separate propositions or the voters from submitting propositions
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01767-01-7
S. 7052 2
pursuant to sections two thousand eight and two thousand thirty-five of this part; provided however, except in the case of a proposition submitted for any expenditure contained within subparagraphs (i) through (iv) of paragraph i of subdivision two of this section, if any proposition, or propositions collectively that are subject to a vote on the same date, would require an expenditure of money that would require a tax levy and would result in the tax levy limit being exceeded for the corresponding school year then such proposition shall be approved if [sixty percent] a majority of the votes cast thereon are in the affirmative.
§ 3. This act shall take effect immediately; provided, however, that the amendments to section 2023-a of the education law made by sections one and two of this act shall not affect the repeal of such section and shall expire and be deemed repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to school district tax levies
Purpose or general idea of bill
To require a simple majority vote for approval of a school budget that exceeds the property tax cap.
Summary of specific provisions
This bill would amend the property tax cap statute by requiring a simple majority vote instead of a sixty percent supermajority vote to approve a school budget that exceeds the property tax cap.
Justification
In 2011, the Governor signed into law a two percent real property tax cap for local taxing entities, including school districts, to control the amount of property tax increases. In order for a school district to pass a budget that is at or below the tax cap, only a 50 percent or simple majority vote is needed. However, the vote required to pass a school budget that exceeds the tax cap is a 60 percent supermajority.
The threshold of a 60 percent supermajority to override the tax cap is problematic and unfair. According to the New York State School Boards Association (NYSSBA), in 2012, among the 48 school districts that sought a 60 percent supermajority vote to approve a budget that exceeds the tax cap, 19 school budgets (40 percent) saw defeat and sometimes by a tiny margin. For example, in the New Paltz school district in Ulster County, where more than. 59 percent of voters supported the spending plan, the budget was defeated by a mere 18 votes. Among the 19 defeated budgets, there were eight that would have been approved if only the traditional simple majority had been required. These results underline a fundamental unfairness in the 60 percent supermajority requirement which makes the votes of those who support an override much less powerful than the votes of those who oppose an override. In effect, 41 percent of local voters have more power than 59 percent of local voters. Even Massachusetts, which has been looked at by New York and other states as a model for property tax reform, only requires a simple majority vote for approving an override of its tax cap.
Furthermore, evidence suggests that wealthier communities both attempt more tax cap overrides and are more successful in passing them. NYSSBA research shows that school districts where budgets passed with superma- jority approval had higher average income and property values than those that failed. Thus, the 60 percent supermajority requirement could lead to even more educational disparities across the State between lower income communities relative to their higher income counterparts. To address these inequities, I am proposing this legislation to only require a simple majority to override the property tax cap.
Prior legislative history
New Senate Bill
Fiscal implications
None to the State.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.