NY Educ L § 3609-E (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 1 - General Provisions 3609-E - School Tax Relief Aid, When and How Payable Commencing July First, Nineteen Hundred Ninety-Eight.

§  3609-e. School tax relief aid, when and how payable commencing July   first,  nineteen  hundred  ninety-eight.   Notwithstanding   any   other   provisions of this article, school tax relief aid shall be paid pursuant   to this section.1.  Definitions.  As used in this section the following terms shall be   defined as follows:a. "Amount of tax levy" shall mean the amount of property taxes levied   for school purposes in the current year pursuant to subdivision  one  of   section  thirteen  hundred six of the real property tax law, except that   for a city school district  of  a  city  with  one  hundred  twenty-five   thousand  inhabitants  or more "amount of tax levy" shall mean an amount   equal to the product of the tax rate computed pursuant to paragraph e of   this subdivision for aids payable in the current year multiplied by such   district's actual valuation as defined in  subdivision  one  of  section   thirty-six hundred two of this article.b.  "Phase-in  factor"  shall  mean:  (i)  for  aid payable in the two   thousand--two thousand one school year, seventy-five  percent  and  (ii)   for  aid  payable  in the two thousand one--two thousand two school year   and thereafter, one hundred percent.c. "STAR portion of the tax levy"  shall  mean  the  quotient  of  the   school  tax relief aid payable in the current year divided by the amount   of tax levy expressed as a decimal to four places without rounding.d. The definitions of "school tax  relief  aid,"  "current  year"  and   "base  year"  as  set  forth  in  subdivision  one of section thirty-six   hundred two of this article shall apply to this section.e. "Tax rate" shall mean the amount  computed  by  dividing  a  school   district's total revenues from real property and non-property tax levies   for  the  base  year  levied  for  school  purposes exclusive of library   purposes plus any payments in lieu of taxes received pursuant to section   four hundred eighty-five of the real property tax law and  exclusive  of   any  balances in excess of six percent of general fund expense remaining   in the general fund of the district at the end of the base year, by such   district's actual valuation as defined in  subdivision  one  of  section   thirty-six  hundred  two  of this article including any actual valuation   equivalent of payments in lieu of taxes determined pursuant  to  section   four  hundred  eighty-five  of  the  real  property  tax  law, provided,   however, that in the  instance  of  a  fiscally  dependent  city  school   district, the tax rate shall be computed by dividing (i) such district's   total general fund expenditures, plus inter-fund transfers outgoing from   the  general  fund, and plus general fund reserve expenditures, less any   and all general fund non-tax revenue of such city school district  which   has  been paid and identified by an original payer as being specifically   on behalf of such city school district, and less  any  and  all  non-tax   revenue  of  the  city  upon which such city school district is fiscally   dependent which has been paid and identified by  an  original  payer  as   being  specifically on behalf of such city school district but which has   not been identified as revenue of such city school  district,  and  less   any  and  all  other  general fund revenues of such city school district   which are determined by the commissioner to be non-tax  revenue  of  the   city upon which such city school district is fiscally dependent, by (ii)   such  district's  actual valuation as defined in subdivision one of such   section thirty-six hundred two. Revenues raised by a school district  in   support  of  a  central  high  school  district shall be included in the   revenue of the district raising such revenue, and no local revenue shall   be attributed to such central high school districts. Such tax rate shall   be computed to five decimals without rounding and shall be multiplied by   one thousand to be expressed in mills. 2. Prescribed payments. a. October payment for  aids  payable  in  the   nineteen hundred ninety-eight--ninety-nine through two thousand two--two   thousand three school years and the two thousand four--two thousand five   through two thousand eight--two thousand nine school years. On or before   October fifteenth, a portion of the school tax relief aid payable to the   school  district for the current year shall be paid equal to the product   of the total school tax relief aid for the current school year  adjusted   to  reflect  adjustments  to  payments  for  prior years and thirty-five   one-hundredths.b. October payment for aids payable in  the  two  thousand  three--two   thousand  four  school year, and the two thousand nine--two thousand ten   school year and thereafter. On or before October fifteenth, a portion of   the school tax relief aid payable to the school district for the current   year adjusted to reflect adjustments to payments for prior years, not to   exceed one hundred percent of such aid payable, shall be paid  equal  to   the  product  of  the amount of tax levy and the positive difference, if   any, of  the  STAR  portion  of  the  tax  levy  minus  the  product  of   twenty-five one-hundredths and the phase-in factor.c.  November  payment  for  the  aids  payable in the nineteen hundred   ninety-eight--ninety-nine through two thousand two--two  thousand  three   school  years  and  the two thousand four--two thousand five through two   thousand eight--two thousand nine school years. On  or  before  November   fifteenth,  a portion of the school tax relief aid payable to the school   district for the current year shall be paid equal to the product of  the   total  school  tax  relief  aid  for the current school year adjusted to   reflect  adjustments  to  payments  for  prior  years  and   seventy-one   hundredths  less  any  payments  made  pursuant  to  paragraph a of this   subdivision.d. November payment for aids payable in the  two  thousand  three--two   thousand  four  school year, and the two thousand nine--two thousand ten   school year and thereafter. On or before November fifteenth,  a  portion   of  the  school  tax  relief  aid payable to the school district for the   current year adjusted to  reflect  adjustments  to  payments  for  prior   years,  not  to exceed one hundred percent of such aid payable, shall be   paid equal to: (i) the product  of  the  amount  of  tax  levy  and  the   positive  difference,  if any, of the STAR portion of the tax levy minus   the product of twenty one hundredths and the phase-in factor  less  (ii)   any payments made pursuant to paragraph b of this subdivision.e.   December  payment  for  aids  payable  in  the  nineteen  hundred   ninety-eight--ninety-nine through two thousand two--two  thousand  three   school  years  and  the two thousand four--two thousand five through two   thousand eight--two thousand nine school years. On  or  before  December   fifteenth,  a portion of the school tax relief aid payable to the school   district for the current year shall be paid equal to the product of  the   total  school  tax  relief  aid  for the current school year adjusted to   reflect  adjustments  to   payments   for   prior   years   and   eighty   one-hundredths  less any payments made pursuant to paragraphs a and c of   this subdivision.f. December payment for aids payable in the  two  thousand  three--two   thousand  four  school year, and the two thousand nine--two thousand ten   school year and thereafter. On or before December fifteenth,  a  portion   of  the  school  tax  relief  aid payable to the school district for the   current year adjusted to  reflect  adjustments  to  payments  for  prior   years,  not  to exceed one hundred percent of such aid payable, shall be   paid equal to: (i) the product  of  the  amount  of  tax  levy  and  the   positive  difference,  if any, of the STAR portion of the tax levy minus   the product of fifteen one-hundredths and the phase-in factor less  (ii)   any payments made pursuant to paragraphs b and d of this subdivision. g.  January payment. On or before the first business day of January, a   portion of the school tax relief aid payable to the school district  for   the  current  year  shall  be  paid equal to one hundred percent of such   total school tax relief aid payable for the current school year adjusted   to  reflect  adjustments  to  payments for prior years less any payments   made pursuant to paragraph a, b, c, d, e or f of this subdivision.h. On or before March thirty-first a portion of the school tax  relief   aid  payable  to  the school district for the current year shall be paid   equal to one hundred percent of any increase in such aid over the  total   of such aids paid through the first business day of January, adjusted to   reflect  adjustments  to  payments  for prior years, as certified to the   commissioner by the office of real property services on or before  March   first.3.  a.  Such  moneys  shall  be  payable to the treasurer of each city   school district, and the treasurer of each union  free  school  district   and  of  each central school district and of each other school district,   if there be a treasurer, otherwise to the collector or other  disbursing   officer  of  such  district, who shall apply for and receive the same as   soon as payable.b. In the case of city school districts of the cities with one hundred   twenty-five thousand inhabitants or more, any payments which pursuant to   this section is required to be made to the treasurer of the city  school   district, shall be made to the city treasurer or chamberlain.4.  Any payment to a school district pursuant to this section shall be   general receipts of the district and may be used for any lawful  purpose   of the district.