Bill S5221C-2009

Changes the state fiscal year from April first to June first, changes time frames for school district elections and notice of elections and submission of a property

Changes the state fiscal year from April first to June first with such fiscal year ending the next following thirty-first day of May; changes time frames for school district elections and notice of elections and submission of a property tax report card.

Details

Actions

  • Apr 1, 2010: PRINT NUMBER 5221C
  • Apr 1, 2010: AMEND AND RECOMMIT TO FINANCE
  • Mar 22, 2010: PRINT NUMBER 5221B
  • Mar 22, 2010: AMEND (T) AND RECOMMIT TO FINANCE
  • Feb 23, 2010: PRINT NUMBER 5221A
  • Feb 23, 2010: AMEND AND RECOMMIT TO FINANCE
  • Jan 6, 2010: REFERRED TO FINANCE
  • Apr 27, 2009: REFERRED TO FINANCE

Memo

 BILL NUMBER:  S5221C

TITLE OF BILL : An act to amend the state finance law, in relation to changing the state fiscal year from the first of April to the first of June and requiring revisions of the consensus forecast of the economy, estimates of receipts for the current and the ensuing state fiscal year and the joint report of the director of the budget and the secretary of the senate finance committee and the secretary of the assembly ways and means committee, and directing the state comptroller to provide estimates for receipts for the current and ensuing state fiscal year; and to amend the education law, in relation to the timing and notice of annual elections in school districts and the submission of a property tax report card and the calculation of the fiscal year for certain school districts

PURPOSE : This legislation proposes to change the start of the state fiscal year from April 1 to June 1 to ensure vital personal income tax data due April 15 is fully assessed in the revenue forecasting and budget negotiations processes. Executive and legislative fiscal leaders shall be required to reconvene on or after April 15 and establish by May 1 a consensus forecast of the economy and estimates of receipts. The May 1 joint report shall revise the initial consensus forecast of the economy and estimates of receipts due by March 1.

Further, to accommodate school district trustees who need to know how much state aid they will receive in the ensuing fiscal year, the uniform school budget voting day shall be moved from the third Tuesday of May to the fourth Tuesday of June. To make accommodations for budget revotes, the uniform revoting day shall be moved to the fourth Tuesday of July from the third Tuesday of June. Also, school districts' fiscal year start date shall be shifted to August 1 from July 1. Reporting deadlines and requirements for school budget notice advertisements and property tax report cards shall be advanced to assist districts in adjusting to this new school budget voting cycle.

SUMMARY OF PROVISIONS : Amends §3 of the state finance law to change the start of the state fiscal year to June 1.

Amends subdivision 6 of §23 of the state finance law to require the senate finance committee, assembly ways and means committee and division of budget to reconvene on or after April 15 to revise the consensus forecast of the economy and estimates of receipts for the current and ensuing fiscal years. By May 1, the senate finance committee, assembly ways and means committee and division of budget shall issue a revised version of the joint executive-legislative consensus report that was initially due March 1. In cases when a revised joint executive-legislative consensus report is not issued by May 1, the comptroller, on or before May 5, shall provide estimates for receipts for the current and ensuing state fiscal years.

Amends subdivision 1 of §2022 of the education law to change the uniform school budget voting day to the fourth Tuesday of June.

Amends subdivision 2 of §2601-a of the education law to eliminate in 2011 the second Tuesday of May as the alternative uniform school budget voting day.

Amends subdivision 1 of §2003 of the education law to require each common school district advertise in local newspapers notices about school budget votes two times in the three weeks preceding the annual meeting and election, with the first advertisement appearing 18 days prior to the vote. Each district shall also predominately post on its official school web site this budget vote information throughout the three weeks next preceding the annual meeting, with the first publication appearing eighteen days before the meeting.

Amends subdivision 1 of §2004 of the education law to require each union free school district advertise notices in local newspapers about school budget votes two times in the three weeks preceding the vote, with the first advertisement appearing 18 days prior to the vote. Each district shall also predominately post on its official school web site this budget vote information throughout the three weeks next preceding the annual meeting, with the first publication appearing eighteen days before the meeting.

Amends paragraph b of subdivision 7 of §1608 of the education law to require school districts to submit their property tax report cards to the department of education no later than the eighteen days prior to the statewide uniform voting day.

Amends § 2515 of the education law to set a August 1 to July 31 fiscal year cycle for schools.

Amends subdivision 3 of § 2006 of the education law to set for common school districts the uniform school budget revoting day as the fourth Tuesday of July and an alternative day as the third Tuesday of July.

Amends paragraph b of subdivision 3 of § 2007 of the education law to set for union free school districts the uniform school budget revoting day as the fourth Tuesday of July and an alternative day as the third Tuesday of July.

EXISTING LAW : Section 3 of the state finance law provides for an April 1 to March 31 fiscal year cycle.

Subdivision 6 of §23 of the state finance law requires the senate finance committee, assembly ways and means committee and division of budget to issue on or before March 1 a joint report containing a consensus forecast of the economy and estimates of receipts for the current and ensuing fiscal year.

Subdivision 1 of §2022 of the education law sets the third Tuesday of May each year as the uniform school budget voting day.

Subdivision 2 of §2601-a sets the second Tuesday in May each year as an alternative uniform school budget voting day in lieu of a conflict with religious observances on the third Tuesday of May.

Subdivision 1 of §2003 of the education law requires each common school district to advertise in local newspapers notices about school budget votes four times in the seven weeks preceding the annual meeting and election, with the first advertisement appearing forty-five days prior to the vote.

Subdivision 1 of §2004 of the education law requires each union free school district to advertise in local newspapers notices about school budget votes four times in the seven weeks preceding the annual meeting and election, with the first advertisement appearing forty-five days prior to the vote.

Paragraph b of subdivision 7 of §1608 of the education law requires school districts to submit their property tax report cards to the department of education no later than the twenty-four days prior to the statewide uniform voting day.

§ 2515 of the education law sets a July 1 to June 30 fiscal year cycle for schools.

Subdivision 3 of § 2006 of the education law sets for common school districts the uniform school budget revoting day as the third Tuesday of June and an alternative day as the second Tuesday of June.

Paragraph b of subdivision 3 of § 2007 of the education law sets for union free school districts the uniform school budget revoting day as the third Tuesday of June and an alternative day as the second Tuesday of June.

JUSTIFICATION : Much has changed since the Legislature last changed the start of New York State's fiscal year. When lawmakers in 1943 shifted New York to an April 1 fiscal year, the State suffered from budgets that were passed too early; the State typically ended its fiscal year on June 30 with huge surpluses that irked taxpayers; and the Legislature often passed the Executive Budget with little to no changes. And while the rationale for changing the fiscal year in 1943 had its merits, they are not applicable to modern times.

A host of deficiencies in the budget process stem from the April 1 start date. These problems range from poor revenue forecasting to difficulties in establishing a firm revenue consensus between Executive and Legislative fiscal leaders. These problems often contribute to others later in the process, such as a lack of transparency in the form of a shortened conference committee process or inadequate consideration of the budget before the vote on it. Also, when actual revenues fall short of these estimates, the Legislature often finds itself reconvening to fill multi-billion-dollar budget holes.

A June 1 fiscal year is a superior option for New York. It would afford legislators six weeks to make use of the most recent quarterly personal income tax data, which is due on April 15. To ensure this vital tax data that is incorporated into the budget negotiation process, this bill would require Executive and Legislative fiscal leaders to reconvene on or after April 15 and by May 1 issue a revised version of the consensus forecast of the economy and estimates of receipts they agreed upon two months earlier.

Further, to ensure school districts know how much state aid they will receive in the ensuing fiscal year, the third-Tuesday-in-May uniform school budget voting day would be pushed past the start of the fiscal year on June 1. This bill proposes a fourth-Tuesday-of-June uniform school budget voting day. This later uniform voting day would provide district trustees with ample time to prepare budgets with accurate state aid figures and eliminate much of the guesswork they are often forced to perform under an April 1 budget cycle. To address conflicts caused by budget revotes after school districts' fiscal year start date on July 1, the fiscal year start date shall be moved to August 1 and the uniform revoting day shall be shifted to the fourth Tuesday of July from the third Tuesday of June.

FISCAL IMPLICATIONS : Minimal.

EFFECTIVE DATE : This act shall take effect on January 1, 2011.

Text

STATE OF NEW YORK ________________________________________________________________________ 5221--C 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________
Introduced by Sens. KRUEGER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recom- mitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to changing the state fiscal year from the first of April to the first of June and requiring revisions of the consensus forecast of the economy, estimates of receipts for the current and the ensuing state fiscal year and the joint report of the director of the budget and the secretary of the senate finance committee and the secretary of the assembly ways and means committee, and directing the state comptroller to provide esti- mates for receipts for the current and ensuing state fiscal year; and to amend the education law, in relation to the timing and notice of annual elections in school districts and the submission of a property tax report card and the calculation of the fiscal year for certain school districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of the state finance law, as added by chapter 1 of the laws of 1943 and as separately renumbered by chapters 405 and 957 of the laws of 1981, is amended to read as follows: S 3. Fiscal year. 1. The current fiscal year of the state which commenced with the first day of [July, nineteen hundred forty-two] APRIL, TWO THOUSAND TEN, is hereby [abridged] EXTENDED and shall end with the thirty-first day of [March, nineteen hundred forty-three] MAY, TWO THOUSAND ELEVEN. For all purposes of determining annual increments of state employees pursuant to the education law, the civil service law
or other state law, and for all purposes whenever by law some act is to be performed or time is to be measured by the fiscal year of the state, the current fiscal year, as so [abridged] EXTENDED, shall be deemed to be a full year unless the context clearly requires a contrary construction. On and after the first day of [April, nineteen hundred forty-three] JUNE, TWO THOUSAND ELEVEN, the fiscal year of the state, for the purpose of budget, appropriations, receipts and disbursements of state moneys and all other state affairs which are regulated in accordance with or based on fiscal years, including the fiscal affairs of all state depart- ments, commissions, boards, agencies, offices and institutions, shall begin with the first day of [April] JUNE and end with the next following thirty-first day of [March] MAY. 2. All books and accounts in the offices of the comptroller and the department of taxation and finance shall be kept by fiscal years. All annual accounts required to be rendered to the comptroller or to such department by any person shall be closed on the thirty-first day of [March] MAY in each year, and be rendered as soon thereafter as practi- cable, if no time is specially prescribed by law. 3. Where any statute provides, in terms or effect, that any inventory or account, or a report relating in whole or in part to receipts and disbursements of money, be made to the legislature or any state officer annually, or for a year, by a department, commission, board, or officer under the state government, such inventory or account, and such report so far as it relates to such receipts and disbursements, shall be for the preceding fiscal year, unless the calendar year be expressly mentioned. 4. Existing provisions of other laws describing or referring to a fiscal year of the state as beginning [July] APRIL first and ending [June thirtieth] MARCH THIRTY-FIRST, or making any requirement with respect to such fiscal year, or referring to any year so beginning and ending which applies to inventories or accounts in state matters, or to reports relating to state money or property, shall be deemed modified by and be construed in connection with this section, and be deemed to refer to a fiscal or to another year or period beginning and ending as [here- in] prescribed IN THIS SECTION for a fiscal year. S 2. Subdivision 6 of section 23 of the state finance law, as amended by chapter 1 of the laws of 2007, is amended to read as follows: 6. Consensus economic and revenue forecasting conference; report. (a) (1) By the end of February in each year, prior to the report required by paragraph (b) of this subdivision, the chairperson and ranking minority member of the senate finance committee, the chairperson and ranking minority member of the assembly ways and means committee and the direc- tor of the budget shall jointly convene a consensus economic and revenue forecasting conference in the form of a joint legislative-executive hearing, for the purpose of assisting the governor and the legislature in reaching the consensus revenue forecast required by paragraph (b) of this subdivision. The conveners of the conference shall invite the state comptroller and such other participants to the conference as shall, in their judgment, provide guidance on the current conditions in, and prob- able outlook for the performance of, the economy of the state, as well as the effect of such conditions and such performance on state receipts. (2) ON OR AFTER APRIL FIFTEENTH, THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE SENATE FINANCE COMMITTEE, THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIREC- TOR OF THE BUDGET SHALL JOINTLY RECONVENE TO REVISE THE CONSENSUS FORE-
CAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS FOR THE CURRENT AND THE ENSUING STATE FISCAL YEAR. THE REVISED CONSENSUS FORECAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS SHALL INCORPORATE THE MOST CURRENT TAX REVENUE AND ANY OTHER PERTINENT FISCAL INFORMATION. (b) (1) On or before March first in each year, the director of the budget and the secretary of the senate finance committee and the secre- tary of the assembly ways and means committee shall issue a joint report containing a consensus forecast of the economy and estimates of receipts for the current and the ensuing state fiscal year. Such estimates of receipts shall include, but not be limited to: expected tax receipts on an all-funds basis, projected lottery receipts, and anticipated miscel- laneous receipts to be received in the general fund. The estimate of receipts for the ensuing fiscal year contained in the report, shall be all receipts from such sources described in this subdivision available to make disbursements authorized by the appropriation bills submitted by the governor pursuant to section three of article seven of the constitu- tion for the ensuing fiscal year. (2) ON OR BEFORE MAY FIRST IN EACH YEAR, THE DIRECTOR OF THE BUDGET AND THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS COMMITTEE SHALL ISSUE A REVISED VERSION OF THE JOINT REPORT THAT WAS INITIALLY DUE BY MARCH FIRST AND THAT CONTAINS A CONSENSUS FORECAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS. (c) (1) On a failure of the director of the budget, the secretary of the senate finance committee and the secretary of the assembly ways and means committee to issue a joint report containing a consensus forecast as provided in paragraph (b) of this subdivision, the state comptroller shall, on or before March fifth, provide estimates of receipts for the current and the ensuing state fiscal year. Such estimates shall include, but not be limited to, expected tax receipts on an all-funds basis, projected lottery receipts, and miscellaneous receipts to be received in the general fund. In rendering his or her estimate, as required in this paragraph, the comptroller shall give due consideration to the inherent risks in economic and revenue forecasting and the interest of the state to maintain budget balance throughout the fiscal year. The estimate of receipts for the ensuing fiscal year provided by the state comptroller, shall be all receipts from such sources available to make disbursements authorized by the appropriation bills submitted by the governor pursuant to section three of article seven of the constitution for the ensuing fiscal year. (2) ON A FAILURE OF THE DIRECTOR OF THE BUDGET AND THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS COMMITTEE TO ISSUE A JOINT REPORT REVISING THE MARCH FIRST CONSEN- SUS FORECAST THE STATE COMPTROLLER SHALL, ON OR BEFORE MAY FIFTH, PROVIDE ESTIMATES FOR RECEIPTS FOR THE CURRENT AND ENSUING STATE FISCAL YEAR. SUCH ESTIMATES SHALL INCORPORATE THE MOST CURRENT TAX REVENUE AND ANY OTHER PERTINENT FISCAL INFORMATION. S 3. Subdivision 1 of section 2022 of the education law, as amended by section 8 of part C of chapter 58 of the laws of 1998, is amended to read as follows: 1. Notwithstanding any law, rule or regulation to the contrary, PRIOR TO TWO THOUSAND ELEVEN, the election of trustees or members of the board of education, and the vote upon the appropriation of the necessary funds to meet the estimated expenditures, in any common school district, union free school district, central school district or central high school district shall be held at the annual meeting and election on the third Tuesday in May, provided, however, that such election shall be held on
the second Tuesday in May if the commissioner at the request of a local school board certifies no later than March first that such election would conflict with religious observances. COMMENCING IN TWO THOUSAND ELEVEN, THE ELECTION OF TRUSTEES OR MEMBERS OF THE BOARD OF EDUCATION, AND THE VOTE UPON THE APPROPRIATION OF THE NECESSARY FUNDS TO MEET THE ESTIMATED EXPENDITURES, IN ANY COMMON SCHOOL DISTRICT, UNION FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT OR CENTRAL HIGH SCHOOL DISTRICT SHALL BE HELD AT THE ANNUAL MEETING AND ELECTION ON THE FOURTH TUESDAY IN JUNE. When such election or vote is taken by recording the ayes and noes of the qualified voters attending, a majority of the qualified voters present and voting, by a hand or voice vote, may determine to take up the question of voting the necessary funds to meet the estimated expend- itures for a specific item separately, and the qualified voters present and voting may increase the amount of any estimated expenditures or reduce the same, except for teachers' salaries, and the ordinary contin- gent expenses of the schools. The sole trustee, board of trustees or board of education of every common, union free, central or central high school district and every city school district to which this article applies shall hold a budget hearing not less than seven nor more than fourteen days prior to the annual meeting and election or special district meeting at which a school budget vote will occur, and shall prepare and present to the voters at such budget hearing a proposed school district budget for the ensuing school year. S 4. Subdivision 2 of section 2601-a of the education law, as amended by section 6 of part M of chapter 57 of the laws of 2005, is amended to read as follows: 2. The board of education shall conduct all annual and special school district meetings for the purpose of adopting a school district budget in the same manner as a union free school district in accordance with the provisions of article forty-one of this title, except as otherwise provided by this section. [The] PRIOR TO TWO THOUSAND ELEVEN, THE annual meeting and election of each such city school district shall be held on the third Tuesday of May in each year, provided, however that such annu- al meeting and election shall be held on the second Tuesday in May if the commissioner at the request of a local school board certifies no later than March first that such election would conflict with religious observances, and any school budget revote shall be held on the date and in the same manner specified in subdivision three of section two thou- sand seven of this title. PRIOR TO TWO THOUSAND ELEVEN, THE ANNUAL MEET- ING AND ELECTION OF EACH SUCH CITY SCHOOL DISTRICT SHALL BE HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR, PROVIDED, HOWEVER THAT SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS OBSER- VANCES, AND ANY SCHOOL BUDGET REVOTE SHALL BE HELD ON THE DATE AND IN THE SAME MANNER SPECIFIED IN SUBDIVISION THREE OF SECTION TWO THOUSAND SEVEN OF THIS TITLE. The provisions of this article, and where applica- ble subdivisions nine and nine-a of section twenty-five hundred two of this title, governing the qualification and registration of voters, and procedures for the nomination and election of members of the board of education shall continue to apply, and shall govern the qualification and registration of voters and voting procedures with respect to the adoption of a school district budget. S 5. Subdivision 1 of section 2003 of the education law, as amended by chapter 64 of the laws of 1993, is amended to read as follows:
1. The district clerk of each common school district shall give notice of the availability of the statement of expenditures pursuant to the provisions of section sixteen hundred eight of this chapter and shall also give notice of the time and place of the annual meeting by publish- ing a notice [four] TWO times within the [seven] THREE weeks next preceding such annual meeting, the first publication to be at least [forty-five] EIGHTEEN days before said meeting, in two newspapers if there shall be two, or in one newspaper if there shall be but one, having general circulation within such district. But if no newspaper shall then have general circulation therein, the said notice shall be posted in at least twenty of the most public places in said district forty-five days before the time of such meeting. THE CLERK OF EACH COMMON SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE SCHOOL DISTRICT'S OFFICIAL WEBSITE THE NOTICE OF THE AVAILABILITY OF THE STATEMENT OF EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SIXTEEN HUNDRED EIGHT OF THIS CHAPTER, AND SHALL ALSO POST PREDOMINATELY ON THE SCHOOL DISTRICT'S OFFICIAL WEBSITE THE TIME AND PLACE OF THE ANNUAL MEETING THROUGHOUT THE THREE WEEKS NEXT PRECEDING SUCH DISTRICT MEETING, THE FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING. S 6. Subdivision 1 of section 2004 of the education law, as amended by chapter 68 of the laws of 1994, is amended to read as follows: 1. The clerk of each union free school district shall give notice of the availability of the statement of expenditures pursuant to the provisions of section seventeen hundred sixteen of this chapter and shall also give notice of the time and place of the annual meeting and the notice required by section seventeen hundred sixteen of this chapter by publishing a notice [four] TWO times within the [seven] THREE weeks next preceding such district meeting, the first publication to be at least [forty-five] EIGHTEEN days before said meeting, in two newspapers if there shall be two, or in one newspaper if there shall be but one, having general circulation within such district. But if no newspaper shall then have general circulation therein, the said notice shall be posted in at least twenty of the most public places in said district forty-five days before the time of such meeting. THE CLERK OF EACH UNION FREE SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE SCHOOL DISTRICT'S OFFICIAL WEBSITE THE NOTICE OF THE AVAILABILITY OF THE STATE- MENT OF EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SEVENTEEN HUNDRED SIXTEEN OF THIS CHAPTER AND SHALL ALSO POST PREDOMINATELY ON THE SCHOOL DISTRICT'S OFFICIAL WEBSITE THE TIME AND PLACE OF THE ANNUAL MEETING THROUGHOUT THE THREE WEEKS NEXT PRECEDING SUCH DISTRICT MEETING, THE FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING. S 7. Paragraph b of subdivision 7 of section 1608 of the education law, as amended by section 4 of part H of chapter 83 of the laws of 2002, is amended to read as follows: b. A copy of the property tax report card prepared for the annual district meeting shall be submitted to the department in the manner prescribed by the department by the end of the business day next follow- ing approval of the report card by the trustee or board of trustees, but no later than [twenty-four] EIGHTEEN days prior to the statewide uniform voting day. The department shall compile such data for all school districts whose budgets are subject to a vote of the qualified voters and shall make such compilation available electronically at least ten days prior to the statewide uniform voting day. S 8. Section 2515 of the education law, as added by chapter 171 of the laws of 1996, is amended to read as follows:
S 2515. Fiscal year. The fiscal year for city school districts of cities with less than one hundred twenty-five thousand inhabitants shall be the period commencing with [July] AUGUST first and ending with [June thirtieth] JULY THIRTY-FIRST next following. S 9. Subdivision 3 of section 2006 of the education law, as added by section 4 of part M of chapter 57 of the laws of 2005, is amended to read as follows: 3. Whenever the voters shall have defeated the budget of the school district at the annual meeting and election, the trustees may call a special district meeting for a school budget revote to be held on the [third] FOURTH Tuesday of [June] JULY, provided, however that such budg- et revote shall be held on the [second] THIRD Tuesday in [June] JULY if the commissioner at the request of a local school board certifies no later than March first that such vote would conflict with religious observances. The trustees shall give the notices required by subdivision one of section two thousand three of this part and this section by publishing such notices once in each week within the two weeks next preceding such special meeting, the first publication to be at least fourteen days before such meeting, with any required posting to be four- teen days before the time of such meeting. S 10. Paragraph b of subdivision 3 of section 2007 of the education law, as amended by section 5 of part M of chapter 57 of the laws of 2005, is amended to read as follows: b. A school budget revote called pursuant to paragraph a of this subdivision shall be held on the [third] FOURTH Tuesday of [June] JULY, provided, however that such budget revote shall be held on the [second] THIRD Tuesday in [June] JULY if the commissioner at the request of a local school board certifies no later than March first that such vote would conflict with religious observances. S 11. This act shall take effect January 1, 2011.

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