New York Education Code § 2023-A

Limitations upon school district tax levies
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§ 2023-a. Limitations upon school district tax levies. 1. Generally.\nUnless otherwise provided by law, the amount of taxes that may be levied\nby or on behalf of any school district, other than a city school\ndistrict of a city with one hundred twenty-five thousand inhabitants or\nmore, shall not exceed the tax levy limit established pursuant to this\nsection, not including any tax levy necessary to support the\nexpenditures pursuant to subparagraphs (i) through (iv) of paragraph i\nof subdivision two of this section.\n  2. Definitions. As used in this section:\n  a. "Allowable levy growth factor" shall be the lesser of: (i) one and\ntwo one-hundredths; or (ii) the sum of one plus the inflation factor;\nprovided, however, that in no case shall the levy growth factor be less\nthan one.\n  b. "Available carryover" means the amount by which the tax levy for\nthe prior school year was below the applicable tax levy limit for such\nschool year, if any, but no more than an amount that equals one and\none-half percent of the tax levy limit for such school year.\n  c. "Capital local expenditures" means the taxes associated with\nbudgeted expenditures resulting from the financing, refinancing,\nacquisition, design, construction, reconstruction, rehabilitation,\nimprovement, furnishing and equipping of, or otherwise providing for\nschool district capital facilities or school district capital equipment,\nincluding debt service and lease expenditures, and transportation\ncapital debt service, subject to the approval of the qualified voters\nwhere required by law.  The commissioner of taxation and finance shall,\nas appropriate, promulgate rules and regulations which may provide for\nadjustment of capital local expenditures to reflect a school district's\nshare of additional budgeted capital expenditures made by a board of\ncooperative educational services.\n  d. "Capital tax levy" means the tax levy necessary to support capital\nlocal expenditures, if any.\n  e. "Coming school year" means the school year for which tax levy\nlimits are being determined pursuant to this section.\n  f. "Inflation factor" means the quotient of: (i) the average of the\nnational consumer price indexes determined by the United States\ndepartment of labor for the twelve-month period preceding January first\nof the current year minus the average of the national consumer price\nindexes determined by the United States department of labor for the\ntwelve-month period preceding January first of the prior year, divided\nby: (ii) the average of the national consumer price indexes determined\nby the United States department of labor for the twelve-month period\npreceding January first of the prior year, with the result expressed as\na decimal to four places.\n  g. "Prior school year" means the school year immediately preceding the\ncoming school year.\n  h. "School district" means a common school district, union free school\ndistrict, central school district, central high school district or a\ncity school district in a city with less than one hundred twenty-five\nthousand inhabitants.\n  i. "Tax levy limit" means the amount of taxes a school district is\nauthorized to levy pursuant to this section, provided, however, that the\ntax levy limit shall not include the following:\n  (i) a tax levy necessary for expenditures resulting from court orders\nor judgments against the school district arising out of tort actions for\nany amount that exceeds five percent of the total tax levied in the\nprior school year;\n  (ii) in years in which the system average actuarial contribution rate\nof the New York state and local employees' retirement system, as defined\nby paragraph ten of subdivision a of section nineteen-a of the\nretirement and social security law, increases by more than two\npercentage points from the previous year, a tax levy necessary for\nexpenditures for the coming fiscal year for school district employer\ncontributions to the New York state and local employees' ret

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