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 $10,000 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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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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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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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 |
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 $10,000-$20,000 |
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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 2% 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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Rev. 7/20/99
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