New York A 5365: Relates to acts of the Legislature having fiscal impacts on local governments

Bill Text

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A05365 Summary:

BILL NOA05365 

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SAME ASSAME AS S04029

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SPONSORLevenberg

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COSPNSR

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MLTSPNSR

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Amd §3-c, Gen Muni L; amd §2023-a, Ed L

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Relates to the amount of the allowable levy growth factor and the percentage of votes needed to override the tax levy limit.

Go to top A05365 Actions:

BILL NOA05365 

&nbsp

02/13/2025referred to local governments

01/07/2026referred to local governments

Go to topA05365 Committee&nbspVotes:

Go to topA05365 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05365 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5365

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 13, 2025
 ___________

 Introduced by M. of A. LEVENBERG -- read once and referred to the
 Committee on Local Governments

 AN ACT to amend the general municipal law and the education law, in
 relation to limits on school district and local government tax levies

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 2 of section 3-c of the gener-
 2 al municipal law, as added by section 1 of part A of chapter 97 of the
 3 laws of 2011, is amended to read as follows:
 4 (a) "Allowable levy growth factor" shall be the [lesser] greater of:
 5 (i) one and two one-hundredths; or (ii) the sum of one plus the
 6 inflation factor[; provided, however, that in no case shall the levy
 7 growth factor be less than one].
 8 § 2. Paragraph a of subdivision 2 of section 2023-a of the education
 9 law, as added by section 2 of part A of chapter 97 of the laws of 2011,
 10 is amended to read as follows:
 11 a. "Allowable levy growth factor" shall be the [lesser] greater of:
 12 (i) one and two one-hundredths; or (ii) the sum of one plus the
 13 inflation factor[; provided, however, that in no case shall the levy
 14 growth factor be less than one].
 15 § 3. Subdivision 5 of section 3-c of the general municipal law, as
 16 added by section 1 of part A of chapter 97 of the laws of 2011, is
 17 amended to read as follows:
 18 5. A local government may adopt a budget that requires a tax levy that
 19 is greater than the tax levy limit for the coming fiscal year, not
 20 including any levy necessary to support the expenditures pursuant to
 21 subparagraphs (i) through (iv) of paragraph g of subdivision two of this
 22 section, only if the governing body of such local government first
 23 enacts, by a vote of [sixty] more than fifty percent of the total voting
 24 power of such body, a local law to override such limit for such coming
 25 fiscal year only, or in the case of a district or fire district, a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08501-01-5

 A. 5365 2

 1 resolution, approved by a vote of sixty percent of the total voting
 2 power of such body, to override such limit for such coming fiscal year
 3 only.
 4 § 4. Subdivision 6 of section 2023-a of the education law, as added by
 5 section 2 of part A of chapter 97 of the laws of 2011, is amended to
 6 read as follows:
 7 6. (a) Notwithstanding any other provision of law to the contrary, in
 8 the event the trustee, trustees or board of education of a school
 9 district that is subject to the provisions of this section proposes a
 10 budget that will require a tax levy that exceeds the tax levy limit for
 11 the corresponding school year, not including any levy necessary to
 12 support the expenditures pursuant to subparagraphs (i) through (iv) of
 13 paragraph i of subdivision two of this section, then such budget shall
 14 be approved if [sixty] more than fifty percent of the votes cast thereon
 15 are in the affirmative.
 16 (b) Where the trustee, trustees or board of education proposes a budg-
 17 et subject to the requirements of paragraph (a) of this subdivision, the
 18 ballot for such budget shall include the following statement in substan-
 19 tially the same form: "Adoption of this budget requires a tax levy
 20 increase of which exceeds the statutory tax levy increase limit
 21 of for this school fiscal year and therefore exceeds the state
 22 tax cap and must be approved by [sixty] more than fifty percent of the
 23