S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7675--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by  M.  of  A. BUCHWALD, NOLAN, LAVINE -- (at request of the
  State Comptroller) -- read once  and  referred  to  the  Committee  on
  Education  --  recommitted to the Committee on Education in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the education law, in relation to requiring notice of
  reserve funds and reserves funded by resolution and  to  require  that
  each school district post on its website, if any, a final annual budg-
  et and any multi-year financial plan adopted by the board of education
  or trustees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 7 of section 1608 of the  educa-
tion law, as amended by section 4 of part A of chapter 97 of the laws of
2011, is amended to read as follows:
  a.  Each  year,  commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee  or  board  of  trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local  newspapers  of general circulation, appending it to copies of the
proposed budget made publicly available as required by  law,  making  it
available  for distribution at the annual meeting, and otherwise dissem-
inating it as required by  the  commissioner.  Such  report  card  shall
include: (i) the amount of total spending and total estimated school tax
levy  that  would  result  from  adoption of the proposed budget and the
percentage increase or decrease in total spending and total  school  tax
levy  from the school district budget for the preceding school year; and
(ii) the district's tax levy limit determined pursuant  to  section  two
thousand  twenty-three-a  of  this  title,  and the estimated school tax
levy, excluding any levy necessary to support the expenditures  pursuant
to  subparagraphs  (i) through (iv) of paragraph i of subdivision two of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10879-04-6
              

A. 7675--A                          2

section two thousand twenty-three-a of this  title,  that  would  result
from adoption of the proposed budget; and (iii) the projected enrollment
growth  for  the  school  year for which the budget is prepared, and the
percentage  change  in  enrollment  from the previous year; and (iv) the
percentage increase in the consumer price index, as defined in paragraph
c of this subdivision; and (v) the projected amount of  the  unappropri-
ated unreserved fund balance that will be retained if the proposed budg-
et  is  adopted,  the projected amount of the reserved fund balance, the
projected amount of the appropriated fund balance, the percentage of the
proposed budget that the unappropriated unreserved fund balance  repres-
ents,  the actual unappropriated unreserved fund balance retained in the
school district budget for the preceding school year, and the percentage
of the school district budget for the preceding  school  year  that  the
actual unappropriated unreserved fund balance represents, AND A SCHEDULE
OF  RESERVE  FUNDS,  SETTING  FORTH  THE  NAME  OF  EACH RESERVE FUND, A
DESCRIPTION OF ITS PURPOSE, THE BALANCE AS OF THE  CLOSE  OF  THE  THIRD
QUARTER OF THE CURRENT SCHOOL DISTRICT FISCAL YEAR AND A BRIEF STATEMENT
EXPLAINING ANY PLANS FOR THE USE OF EACH SUCH RESERVE FUND FOR THE ENSU-
ING FISCAL YEAR.
  S  1-a.  Paragraph a of subdivision 7 of section 1608 of the education
law, as amended by chapter 238 of the laws of 2007, is amended  to  read
as follows:
  a.  Each  year,  commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee  or  board  of  trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local  newspapers  of general circulation, appending it to copies of the
proposed budget made publicly available as required by  law,  making  it
available  for distribution at the annual meeting, and otherwise dissem-
inating it as required by  the  commissioner.  Such  report  card  shall
include: (i) the amount of total spending and total estimated school tax
levy  that  would  result  from  adoption of the proposed budget and the
percentage increase or decrease in total spending and total  school  tax
levy  from the school district budget for the preceding school year; and
(ii) the projected enrollment growth for the school year for  which  the
budget  is  prepared,  and  the percentage change in enrollment from the
previous year; and (iii) the percentage increase in the  consumer  price
index,  as  defined  in  paragraph  c  of this subdivision; and (iv) the
projected amount of the unappropriated unreserved fund balance that will
be retained if the proposed budget is adopted, the projected  amount  of
the reserved fund balance, the projected amount of the appropriated fund
balance,  the  percentage of the proposed budget that the unappropriated
unreserved fund balance represents, the actual unappropriated unreserved
fund balance retained in the school district budget  for  the  preceding
school  year,  and  the percentage of the school district budget for the
preceding school year that the  actual  unappropriated  unreserved  fund
balance  represents;  AND (V) A SCHEDULE OF RESERVE FUNDS, SETTING FORTH
THE NAME OF EACH RESERVE FUND, A DESCRIPTION OF ITS PURPOSE, THE BALANCE
AS OF THE CLOSE OF THE THIRD QUARTER  OF  THE  CURRENT  SCHOOL  DISTRICT
FISCAL  YEAR  AND  A BRIEF STATEMENT EXPLAINING ANY PLANS FOR THE USE OF
EACH SUCH RESERVE FUND FOR THE ENSUING FISCAL YEAR.
  S 2. Paragraph a of subdivision 7 of section  1716  of  the  education
law,  as  amended  by  section  5 of part A of chapter 97 of the laws of
2011, is amended to read as follows:
  a. Each year, commencing with the proposed budget for  the  two  thou-
sand--two thousand one school year, the board of education shall prepare

A. 7675--A                          3

a property tax report card, pursuant to regulations of the commissioner,
and shall make it publicly available by transmitting it to local newspa-
pers  of  general  circulation,  appending  it to copies of the proposed
budget  made  publicly available as required by law, making it available
for distribution at the annual meeting, and otherwise  disseminating  it
as required by the commissioner. Such report card shall include: (i) the
amount  of total spending and total estimated school tax levy that would
result from adoption of the proposed budget and the percentage  increase
or  decrease in total spending and total school tax levy from the school
district budget for the preceding school year; and (ii)  the  district's
tax   levy   limit   determined   pursuant   to   section  two  thousand
twenty-three-a of this title, and the estimated school tax levy, exclud-
ing any levy necessary to support the expenditures pursuant to  subpara-
graphs (i) through (iv) of paragraph i of subdivision two of section two
thousand  twenty-three-a  of this title, that would result from adoption
of the proposed budget; and (iii) the projected  enrollment  growth  for
the  school  year  for  which the budget is prepared, and the percentage
change in enrollment from the previous year;  and  (iv)  the  percentage
increase  in the consumer price index, as defined in paragraph c of this
subdivision; and (v) the projected amount of  the  unappropriated  unre-
served  fund  balance  that  will  be retained if the proposed budget is
adopted, the projected amount of the reserved fund balance, the project-
ed amount of the  appropriated  fund  balance,  the  percentage  of  the
proposed  budget that the unappropriated unreserved fund balance repres-
ents, the actual unappropriated unreserved fund balance retained in  the
school  district  budget  for  the  preceding school year, A SCHEDULE OF
RESERVE  FUNDS,  SETTING  FORTH  THE  NAME  OF  EACH  RESERVE  FUND,   A
DESCRIPTION  OF  ITS  PURPOSE,  THE BALANCE AS OF THE CLOSE OF THE THIRD
QUARTER OF THE CURRENT SCHOOL DISTRICT FISCAL YEAR AND A BRIEF STATEMENT
EXPLAINING ANY PLANS FOR THE USE OF EACH SUCH RESERVE FUND FOR THE ENSU-
ING FISCAL YEAR and the percentage of the school district budget for the
preceding school year that the  actual  unappropriated  unreserved  fund
balance represents.
  S  2-a.  Paragraph a of subdivision 7 of section 1716 of the education
law, as amended by chapter 238 of the laws of 2007, is amended  to  read
as follows:
  a.  Each  year,  commencing with the proposed budget for the two thou-
sand--two thousand one school year, the board of education shall prepare
a property tax report card, pursuant to regulations of the commissioner,
and shall make it publicly available by transmitting it to local newspa-
pers of general circulation, appending it  to  copies  of  the  proposed
budget  made  publicly available as required by law, making it available
for distribution at the annual meeting, and otherwise  disseminating  it
as required by the commissioner. Such report card shall include: (i) the
amount  of total spending and total estimated school tax levy that would
result from adoption of the proposed budget and the percentage  increase
or  decrease in total spending and total school tax levy from the school
district budget for the preceding school year; and  (ii)  the  projected
enrollment  growth for the school year for which the budget is prepared,
and the percentage change in enrollment  from  the  previous  year;  and
(iii) the percentage increase in the consumer price index, as defined in
paragraph  c  of  this subdivision; and (iv) the projected amount of the
unappropriated unreserved fund balance that  will  be  retained  if  the
proposed  budget  is  adopted, the projected amount of the reserved fund
balance, the projected amount of  the  appropriated  fund  balance,  the
percentage  of  the  proposed  budget that the unappropriated unreserved

A. 7675--A                          4

fund balance  represents,  the  actual  unappropriated  unreserved  fund
balance  retained in the school district budget for the preceding school
year, A SCHEDULE OF RESERVE  FUNDS,  SETTING  FORTH  THE  NAME  OF  EACH
RESERVE  FUND, A DESCRIPTION OF ITS PURPOSE, THE BALANCE AS OF THE CLOSE
OF THE THIRD QUARTER OF THE CURRENT SCHOOL DISTRICT FISCAL  YEAR  AND  A
BRIEF  STATEMENT  EXPLAINING  ANY PLANS FOR THE USE OF EACH SUCH RESERVE
FUND FOR THE ENSUING FISCAL  YEAR  and  the  percentage  of  the  school
district  budget  for the preceding school year that the actual unappro-
priated unreserved fund balance represents.
  S 3. The education law is amended by adding a new section 3653 to read
as follows:
  S 3653. RESERVES FUNDED  BY  RESOLUTION.  IN  ADDITION  TO  ANY  OTHER
REQUIREMENTS,  NO  MONIES  SHALL BE PAID OR TRANSFERRED INTO ANY RESERVE
FUND, ESTABLISHED PURSUANT TO THIS CHAPTER OR ANY OTHER CHAPTER OF  LAW,
FOR  THE  PURPOSE OF INCREASING THE FUNDING OF SUCH RESERVE FUND, UNLESS
EXPRESSLY AUTHORIZED BY A RESOLUTION OF THE BOARD OF EDUCATION OR  TRUS-
TEES OF A SCHOOL DISTRICT.
  S  4.  Section  2116-a of the education law is amended by adding a new
subdivision 3-b to read as follows:
  3-B. EACH SCHOOL DISTRICT SHALL  IN  A  TIMELY  FASHION  POST  ON  ITS
WEBSITE,  IF  ANY,  THE  ANNUAL EXTERNAL AUDIT REPORT AND THE CORRECTIVE
ACTION PLAN PREPARED IN RESPONSE TO ANY FINDINGS CONTAINED IN THE ANNUAL
EXTERNAL AUDIT REPORT OR MANAGEMENT LETTER, OR ANY  FINAL  AUDIT  REPORT
ISSUED BY THE STATE COMPTROLLER.
  S  5.  Section  2022  of  the education law is amended by adding a new
subdivision 7 to read as follows:
  7. EACH SCHOOL DISTRICT SHALL POST ON ITS WEBSITE,  IF  ANY,  A  FINAL
ANNUAL  BUDGET AND ANY MULTI-YEAR FINANCIAL PLAN ADOPTED BY THE BOARD OF
EDUCATION OR TRUSTEES.
  S 6. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law; provided, however, that:
  a.  the  amendment  to paragraph a of subdivision 7 of section 1608 of
the education law made by section one of this act shall  be  subject  to
the expiration and reversion of such paragraph pursuant to section 13 of
part  A  of  chapter  97 of the laws of 2011, as amended, when upon such
date the provisions of section one-a of this act shall take effect;
  b. the amendment to paragraph a of subdivision 7 of  section  1716  of
the  education  law  made by section two of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
part A of chapter 97 of the laws of 2011, as  amended,  when  upon  such
date the provisions of section two-a of this act shall take effect; and
  c. provided, further, that the amendment to section 2022 of the educa-
tion  law  made by section five of this act shall survive the expiration
and reversion of such section pursuant to section 13 of part A of  chap-
ter 97 of the laws of 2011, as amended.