S2547A-2011 Actions

• Jan 5, 2012: PRINT NUMBER 2547A
• Jan 5, 2012: AMEND AND RECOMMIT TO EDUCATION
• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 25, 2011: REFERRED TO EDUCATION

S2547A-2011 Memo

BILL NUMBER:S2547A

TITLE OF BILL:
An act
to amend the education law, in relation to defining nonresidents of
a district for purposes of admission

PURPOSE:
To improve the fairness of the public education finance system.

SUMMARY OF PROVISIONS:
Authorizes schools to charge tuition in the event 10 or more children
reside on property which is 50% or more tax exempt pursuant to
Sections 420-A and 420-B of the Real Property Tax Law. Prohibits the
charging of tuition to students who reside on various charitable
type properties.

EXISTING LAW:
Allows for significant abuse in the real property tax system. For
example, while Senior citizens, who are otherwise eligible to obtain
tax exemptions, can be made to pay real property taxes - even for
propel1y they have owned for decades and even with social security as
their only income. On the other hand, multi-million dollar non-profits
can move into a community, purchase dozens, if not hundreds of acres,
engage in commercial enterprises through separately formed
corporations, and still be wholly exempt from property taxes.
These non-profit organizations can send their children to public
schools - often increasing local class sizes,
thereby requiring the hiring of more teachers.

JUSTIFICATION:
This legislation is about bringing equity not only to the real
propel1y tax system, but also to the education finance system. The
current method of school finance pits students against property
taxpayers. In some communities, the problem is exacerbated when large
non-profits move into a community, purchase hundreds of acres, and
send dozens of children to a small school district. This forces
higher propel1y taxes on the taxpaying public and further forces
property taxpayer to choose between the educational needs of their
community and the capacity to pay.

LEGISLATIVE HISTORY:
S.6839  of 2010: Referred to Education
S.1125B of 2003: Referred to Education

FISCAL IMPLICATIONS:
Increased revenue to some school districts which decide to charge
tuition.

EFFECTIVE DATE:
This act shall take effect on September 1, 2013.

S2547A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2547--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 25, 2011
 
 Introduced  by  Sens. BONACIC, LARKIN -- read twice and ordered printed,
 and when printed to be committed to  the  Committee  on  Education  -
 recommitted  to  the  Committee on Education in accordance with Senate
 Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 AN  ACT to amend the education law, in relation to defining nonresidents
 of a district for purposes of admission
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  2  of  section  3202 of the education law is
 amended to read as follows:

 2. A. Nonresidents of a  district,  if  otherwise  competent,  may  be
 admitted  into  the  school  or  schools of a district or city, upon the
 consent of the trustees or the board of education, upon terms prescribed
 by such trustees or board, WHICH MAY INCLUDE THE PAYMENT OF TUITION. THE
 TERM "NONRESIDENTS OF A DISTRICT" SHALL INCLUDE, BUT NOT BE  LIMITED  TO
 PERSONS  OVER  FIVE AND UNDER TWENTY-ONE YEARS OF AGE WHO ARE NOT OTHER
 WISE DESCRIBED IN THIS SECTION, WHO:

 (I) DO NOT ACTUALLY RESIDE IN THE DISTRICT; OR
 (II) RESIDE ON REAL PROPERTY IN THE DISTRICT WHICH IS:

 (1) FIFTY PERCENT OR MORE EXEMPT FROM  TAXATION  FOR  SCHOOL  DISTRICT
 PURPOSES  PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED TWENTY-A OR
 SECTION FOUR HUNDRED TWENTY-B OF THE REAL PROPERTY TAX LAW; AND
 (2) THE RESIDENCE OF TEN OR MORE STUDENTS WHO ATTEND A  PUBLIC  SCHOOL
 IN THE DISTRICT.
 B.  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF SUBPARAGRAPH (II) OF
 PARAGRAPH A OF THIS SUBDIVISION  SHALL  NOT  AUTHORIZE  THE  PAYMENT  OF
 TUITION  IN  AN  AMOUNT  IN EXCESS OF THE PROPERTY TAXES THAT WOULD HAVE
 BEEN PAID WERE THE PROPERTY FULLY TAXABLE AND IN  ANY  EVENT  SHALL  NOT
 APPLY TO PROPERTY WHICH:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01492-02-2
 
       S. 2547--A                          2
 (I) WAS CONSTRUCTED AND REMAINS OCCUPIED PURSUANT TO THE PROVISIONS OF
 THE PUBLIC HOUSING LAW OR THE PRIVATE HOUSING FINANCE LAW;
 (II) IS OWNED OR OPERATED BY AN AUTHORIZED AGENCY AS DEFINED IN SUBDI
 VISION  TEN  OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES
 LAW OR PROPERTY DESCRIBED IN SUBDIVISION FIFTEEN, SEVENTEEN OR  EIGHTEEN
 OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
 (III) IS OWNED BY THE STATE OR ANY MUNICIPALITY THEREOF WHICH PRIMARI
 LY  HOUSES  CHILDREN DESCRIBED IN SUBDIVISION TWO, FOUR-A, FOUR-B, FIVE,
 SIX, SEVEN, EIGHT OR NINE OF SECTION THREE HUNDRED  SEVENTY-ONE  OF  THE
 SOCIAL SERVICES LAW; OR
 (IV)  PRIMARILY  HOUSES  DESTITUTE  CHILDREN. FOR THE PURPOSES OF THIS
 SUBPARAGRAPH A CHILD IS DESTITUTE IF THE CHILD, THROUGH  NO  NEGLECT  ON
 THE  PART  OF  HIS  OR HER PARENT, GUARDIAN OR CUSTODIAN IS DESTITUTE OR
 HOMELESS, OR IN A STATE OF WANT OR SUFFERING DUE TO LACK  OF  SUFFICIENT
 FOOD, CLOTHING, OR SHELTER, OR MEDICAL OR SURGICAL CARE, OR IS UNDER THE
 AGE  OF  EIGHTEEN  AND IS ABSENT FROM HIS OR HER LEGAL RESIDENCE WITHOUT
 THE CONSENT OF THE PARENT, LEGAL GUARDIAN OR CUSTODIAN, OR IS  A  PERSON
 UNDER THE AGE OF EIGHTEEN WHO IS WITHOUT A PLACE OF SHELTER WHERE SUPER
 VISION AND CARE ARE AVAILABLE. PROVIDED, HOWEVER, THAT A DESTITUTE CHILD
 SHALL  NOT  BE  ONE WHOSE PARENT OR LEGAL GUARDIAN ARE WITHOUT FINANCIAL
 MEANS BECAUSE SUCH PERSON OR  PERSONS  CHOOSE  NOT  TO  ACCEPT  MONETARY
 COMPENSATION  FOR  WORK THEY DO OR WHO CHOOSES TO GIVE SUCH COMPENSATION
 AWAY OR ASSIGN IT TO THE BENEFIT OF ANOTHER, INCLUDING ANOTHER PERSON OR
 OTHER LEGAL ENTITY.
 

S 2. This act shall take effect on September 1, 2013.

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