Section 1318. Collecting officer's warrant; delivery thereof  


Latest version.
  • 1. The warrant
      of  the  collecting  officer  shall  be  signed  by  the trustee, or the
      trustees, or a majority of them, or the board of education or a majority
      thereof. Such warrant shall state the amount of unexpended surplus funds
      in the custody of the board and  shall  further  state  that  except  as
      authorized  or  required by law, such unexpended surplus funds have been
      applied in determining the amount of the school tax levy.  For  the  two
      thousand seven--two thousand eight school year, surplus funds as used in
      this  subdivision  shall  mean  any  operating  funds in excess of three
      percent of the current school year budget, and shall not  include  funds
      properly  retained  under  other  sections  of law. For the two thousand
      eight--two thousand nine school year, and thereafter, surplus  funds  as
      used  in  this  subdivision  shall mean any operating funds in excess of
      four percent of the current school year budget, and  shall  not  include
      funds  properly retained under other sections of law. Such warrant shall
      have the same force and effect  as  a  warrant  issued  by  a  board  of
      supervisors to a collecting officer in a town. The collecting officer to
      whom  it may be delivered for collection shall be thereby authorized and
      required to collect from every person named on such school tax roll  the
      sum  set  opposite his name, or the amount due from any person specified
      therein, in the same manner and with the  same  powers  that  collecting
      officers in towns are authorized to collect taxes levied by the board of
      supervisors.
        2.  A  warrant for the collection of a tax voted by the district shall
      not be delivered to the collecting officer until  the  thirty-first  day
      after  the  tax  was  voted.  A  warrant  for  the  collection  of a tax
      authorized by law without a vote of the district may be delivered to the
      collecting officer whenever the same is completed.
        3. If the sum of money, payable by any person or persons named in such
      school tax rolls, is not paid or collected by such  warrant  within  the
      time  therein  limited, it shall be lawful for the school authorities to
      renew such warrant in respect to  such  delinquent  person  or  persons.
      Whenever  more  than  one renewal of a warrant for the collection of any
      school tax roll  may  become  necessary  in  any  district,  the  school
      authorities may make such further renewal; provided, however, that in no
      event shall such warrant be renewed for a period beyond the time for the
      return  to  the  county  treasurer  as  set  forth in subdivision two of
      section thirteen hundred thirty of this chapter.