STATE OF NEW YORK ________________________________________________________________________ 304 2023-2024 Regular Sessions IN ASSEMBLY January 4, 2023 ___________ Introduced by M. of A. PAULIN, OTIS, PRETLOW, ZEBROWSKI -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to surplus funds The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1318 of the real property tax law, 2 as amended by chapter 238 of the laws of 2007, is amended to read as 3 follows: 4 1. The warrant of the collecting officer shall be signed by the trus- 5 tee, or the trustees, or a majority of them, or the board of education 6 or a majority thereof. Such warrant shall state the amount of unexpended 7 surplus funds in the custody of the board and shall further state that 8 except as authorized or required by law, such unexpended surplus funds 9 have been applied in determining the amount of the school tax levy. For 10 the two thousand seven--two thousand eight school year, surplus funds as 11 used in this subdivision shall mean any operating funds in excess of 12 three percent of the current school year budget, and shall not include 13 funds properly retained under other sections of law; provided however, 14 that for the two thousand twenty-four--two thousand twenty-five school 15 year, the two thousand twenty-five--two thousand twenty-six school year, 16 and the two thousand twenty-six--two thousand twenty-seven school year, 17 surplus funds as used in this subdivision shall mean any operating 18 funds in excess of five percent of the current school year budget, and 19 shall not include funds properly retained under other sections of 20 law. For the two thousand eight--two thousand nine school year, and 21 thereafter, surplus funds as used in this subdivision shall mean any 22 operating funds in excess of four percent of the current school year 23 budget, and shall not include funds properly retained under other 24 sections of law. Such warrant shall have the same force and effect as a 25 warrant issued by a board of supervisors to a collecting officer in a 26 town. The collecting officer to whom it may be delivered for collection EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02156-01-3

A. 304 2 1 shall be thereby authorized and required to collect from every person 2 named on such school tax roll the sum set opposite his or her name, or 3 the amount due from any person specified therein, in the same manner and 4 with the same powers that collecting officers in towns are authorized to 5 collect taxes levied by the board of supervisors. 6 § 2. This act shall take effect immediately.

Relates to surplus funds

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