Selected Legal References for the School Business Official
NOTE: The following table reports sections of New York State Law, enacted since the Laws of 1999. Consult Chapter 405 of the Laws of 1999 for exact language.
CONSTITUTION OF THE STATE OF NEW YORK |
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Article VIII |
Gift or loan of property or money 4 & 5 Budget votes and debt limit 10 Tax limitation |
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EDUCATION LAW |
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255-259 |
Public Library - 255-Establishment; 256-Contract; 259-Library Taxes |
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259 |
Public Library Tax (Contingent Budget) - Principal and Interest in school district budget |
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260 |
Trustees of Public School Libraries |
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305(14) |
Contracts for transportation over $20,000 must be bid - 5 days must elapse (6). All contracts for cafeteria by private food service. |
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306 |
Removal of school officers; withholding public money |
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310 |
Appeals to the Commissioner of Education |
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401 & 1804(6c) |
School buildings and sites |
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402 |
Sale of school or site - bids not required |
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403 |
Application of proceeds of sale |
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403a |
Leasing of school property |
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403b |
Leasing of school buildings (also Commissioner's Reg. 155) |
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408 |
Plans & specifications school buildings approved by Commissioner $10,000 State Aid -$5,000 Architect - $100,000 Set up Capital Funds |
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414 |
Use of school buildings |
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416 |
School taxes - school bonds- construct new school only twice a year - 90 days between similar propositions |
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701(2)(3) |
Free textbooks |
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912 |
Health services - must be a contract |
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1604 |
Travel Expenses |
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1604(23) |
5-year bus contract |
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1604(36) |
Establish reserve funds from proceeds of sale of school real property up to 10 years |
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1606 |
Notice to board members - special meeting |
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1703 |
Change in number of board members - petition signed by 5% of the number voting in last election BR-25 whichever is greater. |
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1704 |
Rate of expenditure - length of school year - no less than 180 days - cannot expend more than appropriations |
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1707(2) |
Reorganization meeting of the board and option days in July |
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1708 |
Regular meetings - visitation of schools |
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1709(17) & 2113 |
Board vacancy union free - powers and duties of board of education |
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1709(18) see 2109 |
Removal of any member of board for official misconduct |
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1709(20a) |
Internal Auditor |
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1709(22) |
School lunch limitations depending on voters |
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1709(27) |
5-year bus contracts |
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1709(34a) |
Fringe benefits (Life and Health Insurance) |
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1709(37) |
Establish reserve fund from proceeds of sale of real property Reduce taxes 10 years |
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1709(38) |
Re: vandalism - offer reward for information (not over $1,000) |
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1711 |
Appointment of Superintendent |
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1716 |
Estimated expenditures publication - 14 days before meeting; Property Tax Report Card - 24 days before meeting |
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1718 |
Limitation on expenditures - raise budgets for gifts, additional state aid etc., insurance recoveries, etc. |
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1719(2) |
Checks - signed by treasurer and other district officer |
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1720 |
Payment of money - single signature for payroll checks |
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1721 |
Publications of annual financial report during month of July and August |
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1723a |
Investments (See Also GML 10 and 11) |
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1724 |
Form & audit of claims. Advance payment for light, telephone, postage, freight, and express charges. Officer giving rise to claim |
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1725 |
Lease of personal property - see also 2503(8) and 1950 4Y |
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1726 |
Lease of buildings |
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1804(l) |
No. board members - central s.d., 5, 7, or 9 |
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1804(6c) & 401 |
School buildings and sites |
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1950 |
BOCES - generally |
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1950(4d) |
BOCES - aid for technology only if cost-effective |
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2002 |
Time and place of the annual meeting |
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2004 |
Notice of the annual meeting - 45 days |
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2004(7) |
Notice for absentee ballots board members at office of clerk |
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2007(3) |
Special meetings-14 days' notice - budget defeats - publish once each week within a two-week period. |
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2008 |
Special meeting - 25 voters or 5% of number voting in previous annual election, whichever is greater. Notice given within 20 days. Case note #6 board not compelled to entertain a petition to review essentially same thing. |
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2012 |
Voting qualifications |
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2014 |
Registration of voters by the school district or use of board of election lists per Section5-612 Election Law |
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2017 |
Election districts |
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2018 a & b |
Absentee ballots for board member elections. Note: Change in Law (eff. 7/1/99) |
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2018 |
Nomination of board candidates |
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2019 |
Challenge of voters. Limitation of time for initiation for appeal (30 days/Commissioner's Regulations 275.16) |
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2020 |
Penalty for false declaration of unauthorized vote - $10 |
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2021 |
Powers of the Voters. Planned balance for first 120 days. |
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2022 |
Vote on expenditures and limitation upon revote |
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2022(2-a) |
School Budget and Election Notice Requirement |
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2023 |
Levy tax for certain purposes without vote and contingency budget. |
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| 2023-a | Limitation upon school district tax levies | |
2025 |
Procedures at school district meetings - chairman, assistant clerks & election inspectors |
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2029 |
Poll List |
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2031A |
Electioneering - markers 100ft. 1/2 hour before polls open |
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2032 |
Ballots for board members - draw by lot by clerk, day after filing petition |
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2032(2e) |
Provision for write-ins |
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2034 |
Canvass of votes; declaration of result. In case of tie, a special election shall be held within 45 days. |
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2035 |
Use of voting machines. Petitions for propositions on the ballot. See also Education Law 2008. |
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2037 |
Determination of meeting or election disputes |
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2040 |
District meeting to authorize contract system - for pupil education - with another district - Voters at district meeting |
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| 2053 | Reporting requirement concerning lawyers who provide legal services to school districts and BOCES (See Web Site For Details) |
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2102 |
Qualifications of offices (clerk, treasurer)-residency not required; board members-1 year-residency requirement |
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2103 |
Ineligibility to office ( member of family) |
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2105 |
Terms of office-board members. |
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2109 see 1709(18) |
Board member that misses 3 meetings or refuses to serve |
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2112 |
Vacating Office |
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2113 see 1709 (17) |
Filling vacancy in office of trustees |
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2115 |
Notice of appointment to fill vacancy |
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2116 |
Records must be made public |
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2116-a |
Annual audit (Commissioner Regulation 170.2(r) October 1) and accounting systems |
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| 2116-b | Internal Audit Function | |
| 2116-c | Audit Committees | |
2117 |
Reports to be made to Commissioner of Education |
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2118 |
Travel expenses - district officers; members, board of education |
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2121 |
Duties of district clerk - Comr. Reg. 170.2(a) separate officer |
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2122 |
Duties of district treasurer - Comr. Reg. 170.2(a) separate officer |
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2129 |
Designation of official depository |
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2130 |
Clerk, treasurer and collector-official undertaking Salary basis for collector |
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2215 |
Powers and duties-district superintendent |
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2502 |
Change of board members or terms |
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2503 |
Powers and duties of small city boards of education |
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2511 |
Purchase and sale of real and personal property-small city districts |
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2512 |
Purchases and construction of buildings - small city districts |
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2524 |
Officer giving rise to the claims |
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2526 |
Internal claims auditor |
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2528 |
Annual financial report (three months after close of the fiscal year) |
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2550-2588 |
Big Five School Districts |
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2590-2590-r |
Community School Districts in NYC |
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2608 |
Petitions for board members - city districts |
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2609(4)a |
Electioneering within 100 feet of polls |
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2613 |
Absentee ballots |
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3002 |
Oath to support federal and state constitutions |
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3016 |
Contracts with teachers related to board members |
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3019-a |
Notice of termination of service by teachers - 30 days |
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3020-a |
Tenured Teacher Hearings |
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3109 |
Tax shelter annuities |
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3202 |
Compulsory Education; nonresident tuition; foster care |
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3203 |
District line bisects a dwelling; selection of a school for attendance |
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3209 |
Public welfare agency responsible for indigent children |
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3242< TD> |
Annual student census |
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3635 |
Voters may authorize pupil transportation |
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3651 |
Capital Reserve Funds; Tax Certiorari Reserve Fund |
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GENERAL MUNICIPAL LAW |
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3-a |
Rate of interest on judgments and claims |
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6-d |
Repair Reserve Funds |
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6-1 |
Mandatory reserve fund - sale of building. See also Ed Law 1709(37) |
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6-j |
Worker's Compensation Reserve |
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6-m |
Unemployment Insurance Reserve Fund |
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6-n |
Liability and Casualty Reserve |
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6-p |
Employee Benefit Liability Reserve |
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10 |
Deposits and Collateral |
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11 |
Investments |
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35(2a) |
Publication of notice of receipt of Comptroller's audit |
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36 |
System of Accounts - prescribed by State Comptroller |
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77(b) |
Travel Conference expenses Advances Approval |
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92 |
Vacations, sick leaves, leaves of absence of officers and employees |
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92a(4) |
Insurance for board members and dependents |
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93(b) |
Deductions from wages or salaries of civil service employees |
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93(d) |
School district may enter into contract to provide for payroll payment by banks or trust companies |
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103 |
Bid limits $20,000-$35,000 |
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103(2) |
At least five days shall elapse between lst publication and opening |
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103(d) |
Non-collusive statement |
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104-b |
Procurement Policies |
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105 |
Disposition of deposit accompanying bid - return in 45 days |
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109-b |
Installment purchases contracts |
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119-o |
Joint (cooperative) purchases and municipal corporation generally |
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801 |
Conflict of interest |
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803 |
Conflict of interest - disclosure |
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806 |
Code of ethics (1) adopt (2) distribute (3) file with State Comptroller |
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807 |
Code of Ethics - posting in each district-owned building |
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LOCAL FINANCE LAW |
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2(5) |
Chief fiscal officer - President of School Board |
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11.0 |
Period of probable usefulness |
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23.00 |
Bond anticipation notes |
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24.00 |
Tax anticipation notes |
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25.00 |
Revenue anticipation notes |
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28.00 |
Capital notes |
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29.00 |
Budget notes - during last 9 months |
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33.00 |
Bond resolution & capital note adopted 2/3 vote a majority vote only for renewal of capital note |
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37.00 |
Voting on bond resolutions |
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37.00 (Al Sub.1) |
Judgments or awards - no vote |
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41.00 |
Repeal of unexpended authorization 10 years |
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104.00 |
Limitation of local indebtedness |
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121.20 |
Exclusion of building aid in computing debt limit |
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137.00 |
Debt statement |
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162.00 |
School bonds and notes exempt from tax |
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163.00 |
Record of obligation (also 30.00, 31.00 and C.R. 170.2(q)) |
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165.00 |
Deposit and use of proceeds from sale of bonds, BANS, etc., shall not be co-mingled with other funds. |
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PUBLIC OFFICERS LAW |
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10 |
Official oaths |
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11 |
Official undertakings |
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30 |
Creating of vacancies - 30 days |
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66 |
Records must be made public |
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85-88 |
Freedom of Information Law Record of final votes of each member in every proceeding |
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100-111 |
Open Meetings Law |
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REAL PROPERTY TAX LAW |
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302 |
Taxable status date |
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467 |
Over 65 - partial tax exemption |
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520 |
Tax exemption on sale of property |
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554 |
Correction of errors and unlawful entries in rolls |
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556 |
Correction of assessments; refunds |
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558 |
Reassessment of real property erroneously or illegally assessed |
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922 |
Tax bills |
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925 & (a) |
Extension if due dates falls on Sat., Sun., or Holiday |
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980 |
Must show local and state assistance |
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1302 |
Assessment roll to school authorities within 5 days of completion |
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1306 |
Supplemental tax rolls, tax warrant signed by board members on or before September 1 |
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1318 |
Allowed to keep 4% of fund balance |
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1322 |
One month penalty free |
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1324 |
Notice for city school district taxes |
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1326 |
Collection by installments in city school districts |
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1328 |
Collector's fees - see also Town Law #37 for collection - must collect unless an agreement is made |
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1330 (2) |
November 15 deadline to county |
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1336 |
Collection of taxes in installments other than city school district |
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LABOR LAW |
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Sec. 651 |
Exempts state employees from minimum wage |
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Sec. 652 |
Establishes the amount |
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BANKING LAW |
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Sec.237 |
Savings Banks not eligible to define school district reports |
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