What's happening
This bill allows school budgets to be approved by majority vote if only separate propositions, not the main budget, exceed the tax levy limit.
Why it matters
Prevents entire school budgets from being rejected. just because additional, separate spending proposals (like for new programs or facilities) would push overall taxes above the legal limit—if the main budget itself stays within the cap, only a simple majority is needed for approval.
Clarifies the voting process for school funding. , reducing the risk that essential school operations are disrupted due to unrelated, higher-cost propositions being bundled together and failing to clear the higher (60%) voter approval threshold.
Empowers voters to make more targeted decisions. by letting them approve or reject extra spending items independently, without endangering the base school budget needed for basic operations.
Could lead to more stable school funding. and lessen contentious budget votes, as communities can separate debates over routine school expenses from debates over exceptional or optional spending.
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Who cares
Headline styles
Failed Tax Propositions Clarified
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
4 Co-sponsors
History
- Referred to education
- 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.
Failed Proposals Won't Block Budget
In Assembly Committee · Ways And Means · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
903
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. CROCI -- 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 the effect of failed propositions on voter approval for remaining propositions not collectively exceeding the tax levy limit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 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 of the votes cast thereon are in the affirmative. In the event that the trustee, trustees, or board of education of a school district or the voters submit additional items of expenditure for approval as a separate proposition or propositions and such separate proposition or propositions collectively with the budget exceed the tax levy limit, the budget shall be approved if a majority of the votes cast thereon are in the affirmative and if the budget, without the separate proposition or propositions, does not exceed the tax levy limit.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00982-01-7
S. 903 2
§ 2. This act shall take effect immediately; provided that the amendments to section 2023-a of the education law made by section one of this act shall not affect the repeal of such section and shall 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 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 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
S5877A of 2015/16: Referred to Education Substantially similar legislation was passed in the Senate - S8049, Section 1
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.