Bill S45-2009

Relates to the adoption of a school district budget upon the voters failing to approve a budget

Provides that in the event that the original proposed school budget is not approved by the voters, the sole trustee, trustees or board of education shall adopt a final budget and such proposed budget or a revised budget may not be resubmitted to the voters upon its defeat.

Details

Actions

  • Jan 6, 2010: REFERRED TO EDUCATION
  • Jan 7, 2009: REFERRED TO EDUCATION

Memo

 BILL NUMBER:  S45

TITLE OF BILL : An act to amend the education law, in relation to the adoption of a school district budget upon the voters failing to approve a proposed school district budget

PURPOSE : The purpose of this legislation is to amend the education law to require the adoption of a school district budget upon the voters failing to approve a proposed school district budget.

SUMMARY OF PROVISIONS : Section one of the bill would amend subdivisions four and five of section 2022 of the Education Law to require that the sole trustee, trustees or board of education shall adopt a final budget also called a contingency (or austerity) budget if the voters fail to approve the proposed school district budget. Provisions allowing for the resubmission of the original or a revised budget to the voters would be removed from the law.

This legislation would not change the manner in which a final budget is adopted when the proposed budget is not approved by the voters.

Section two is an effective date section.

EXISTING LAW : Currently, if a school district's budget proposal to the voters is defeated the sale trustee, trustees or board of education may adopt a final budget or resubmit to the voters the original or a revised budget. Upon the defeat of the resubmitted budget, the sale trustee, trustees or board of education must adopt a final budget. To prepare and adopt the final budget, the board has the authority to levy a tax for the sum necessary for teachers' salaries and other ordinary contingent expenses.

JUSTIFICATION : Every effort must be made to provide the most responsible budget to the taxpayers of a respective school district. Current law provides that the budget votes for school districts take place on the same day in May, thus, increasing awareness of the vote and trying to ensure that as many voters as possible participate in the voting process. When voters participate they should be assured that their votes are definitive and there will not be any "second chances" if the outcome of the budget vote is not the outcome desired by the board of education.

LEGISLATIVE HISTORY : 2005-2006 Education Committee (S.792-A) 2007-2008: Referred to Education (S.1541)

FISCAL IMPLICATIONS : None to the State.

EFFECTIVE DATE : This act shall take effect on the first of September next succeeding the date on which it shall have become law.

Text

STATE OF NEW YORK ________________________________________________________________________ 45 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. FUSCHILLO -- 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 adoption of a school district budget upon the voters failing to approve a proposed school district budget THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4 and 5 of section 2022 of the education law, subdivision 4 as amended by section 7 of part M of chapter 57 of the laws of 2005 and subdivision 5 as added by section 23 of part A of chap- ter 436 of the laws of 1997, are amended to read as follows: 4. In the event that the original proposed budget is not approved by the voters, the sole trustee, trustees or board of education [may] SHALL adopt a final budget pursuant to subdivision five of this section [or resubmit to the voters the original or a revised budget pursuant to subdivision three of section two thousand seven of this part. Upon one defeat of such resubmitted budget, the sole trustee, trustees or board of education shall adopt a final budget pursuant to subdivision five of this section. Notwithstanding any other provision of law to the contra- ry, the school district budget for any school year, or any part of such budget or any propositions involving the expenditure of money for such school year shall not be submitted for a vote of the qualified voters more than twice]. 5. If the qualified voters fail to approve the proposed school district budget [upon resubmission or upon a determination not to resub- mit for a second vote pursuant to subdivision four of this section], the sole trustee, trustees or board of education, after applying thereto the public school moneys and other moneys received or to be received for that purpose, shall levy a tax for the sum necessary for teachers' sala- ries and other ordinary contingent expenses in accordance with the
provisions of this subdivision and section two thousand twenty-three of this [article] PART. S 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.

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