NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1390
SPONSOR: Paulin TITLE OF BILL:
An act to amend the education law, in relation to the location of the
annual school district elections
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the location of the annual school district elections:
SUMMARY OF PROVISIONS:
Section 1 amends Section 2002 of the education law to include any build-
ing owned or leased by the school district to be used for their annual
meeting, election, board vote. This section also provides that the use
of any building owned or leased by a district shall comply with the ADA
accessibility provisions set out in election law.
Section 2 provides the effective date.
JUSTIFICATION:
This legislation seeks to create more flexibility for school boards to
determine the location of their annual school board elections. Current-
ly, annual school district elections and budget votes can only be held
in a schoolhouse. This bill expands the allowable locations to any
building owned or leased by the district.
PRIOR LEGISLATIVE' HISTORY:
A.5067 of 2021 and 2022, referred to education. Same as S.1626, passed
Senate.
A.6253a, 2020, referred to education Same, as S4652a, passed Senate
A.6253a, 2019, referred to education and amended and recommitted to
education
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1390
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. PAULIN, BUTTENSCHON, CRUZ, GUNTHER, JACOBSON,
DARLING, SAYEGH, STIRPE, ZEBROWSKI, DeSTEFANO, McDONOUGH, TAGUE,
STECK, JEAN-PIERRE, DURSO -- Multi-Sponsored by -- M. of A. BARCLAY,
EPSTEIN, MANKTELOW, MIKULIN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the location of the
annual school district elections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2002 of the education law, as amended by chapter
2 801 of the laws of 1953, subdivision 1 as amended by section 5 of part C
3 of chapter 58 of the laws of 1998, is amended to read as follows:
4 § 2002. Time and place of annual meeting. 1. The annual meeting and
5 election of each school district shall be held on the third Tuesday of
6 May in each year, provided, however that such annual meeting and
7 election shall be held on the second Tuesday in May if the commissioner
8 at the request of a local school board certifies no later than March
9 first that such election would conflict with religious observances.
10 Unless the hour and place thereof shall have been fixed by a vote of a
11 previous district meeting, the same shall be held in the schoolhouse, or
12 any building owned or leased by the district, at seven-thirty [o'clock
13 in the evening] p.m. in the case of a school district that is not
14 divided into election districts and conducts its election or vote by
15 recording the ayes or noes of the qualified voters attending, or, in the
16 case of all other districts, during at least six consecutive hours after
17 six a.m., two of which hours shall be after six p.m. as determined by
18 resolution of the trustees or board of education, provided, however,
19 that the trustees or board of education of any school district that
20 conducted its annual meeting at seven-thirty p.m. in nineteen hundred
21 ninety-seven may conduct its annual election and budget vote at such
22 time in nineteen hundred ninety-eight. If a district possesses more than
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02715-01-3
A. 1390 2
1 one schoolhouse or building, or leases more than one building, it shall
2 be held in the one usually employed for that purpose, unless the trus-
3 tees or board of education designate another, provided that if the
4 school district is divided into election districts such annual meeting
5 and election shall be held at such place in each election district as
6 the board of education may designate. If the district possesses no
7 schoolhouse or building, or does not lease a building, or if the school-
8 house or building shall not be accessible or adequate, then the annual
9 meeting and election shall be held at such place as the trustees or
10 board of education, or the clerk, shall designate in the notice.
11 2. The use of any building owned or leased by a school district, as
12 described in subdivision one of this section, shall comply with the
13 accessibility provisions set out in subdivisions one-a and one-b of
14 section 4-104 of the election law.
15 § 2. This act shall take effect on the ninetieth day after it shall
16 have become a law.
