New York State Assembly

 
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A00881 Summary:

A00881 Actions:

A00881 Committee Votes:

Committee:EDUCATION   Chair:Nolan      
DATE:06/06/2017AYE/NAY:31/0  Action: Favorable refer to committee Ways and Means        
Nolan
Aye
Lopez
Aye
Hooper
Aye
Ra
Aye
Englebright
Aye
McDonough
Aye
Arroyo
Aye
Graf
Aye
Magnarelli
Aye
McLaughlin
Aye
Paulin
Aye
Murray
Aye
Ramos
Aye
Lawrence
Aye
Benedetto
Aye
Walsh
Aye
O'Donnell
Aye
Thiele
Aye
Titone
Aye
Titus
Aye
Miller
Aye
Mayer
Aye
Lifton
Aye
Kim
Aye
Rosenthal
Aye
Ryan
Aye
Mosley
Aye
Brindisi
Aye
Otis
Aye
Seawright
Aye
Jaffee
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/14/2017AYE/NAY:28/1  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Nay
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Excused
Cahill
Aye
Aubry
Aye
Hooper
Excused
Thiele
Aye
Cusick
Aye
Ortiz
Excused
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

Committee:RULES   Chair:Heastie      
DATE:06/15/2017AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Excused
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A00881 Floor Votes:

A00881 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         881--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to the establishment of
          school election wards in  union  free  school  districts  and  central
          school districts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1702 of the education law is amended  by  adding  a
     2  new subdivision 4 to read as follows:
     3    4.  a.  Notwithstanding  any other provision of law to the contrary, a
     4  board of education of a union free school district  may,  by  resolution
     5  and  subject  to a mandatory referendum, establish school election wards
     6  for purposes of electing individual trustees. There shall  be  at  least
     7  three,  but  no  more  than  nine, school election wards within a school
     8  district. One trustee shall be chosen from each ward  by  the  qualified
     9  voters therein.
    10    b.  (i)  Upon  a  resolution by the board of education, which shall be
    11  passed no less than one hundred eighty days prior to a related  referen-
    12  dum  being  placed  before  the  qualified voters of the school district
    13  during the annual meeting and election, the  board  of  education  shall
    14  conduct a public hearing.
    15    (ii)  Such  public hearing shall be conducted not less than thirty nor
    16  more than ninety days prior to a vote on the resolution by a majority of
    17  the qualified voters of the district.  The  district  clerk  shall  give
    18  notice  of  the  public hearing by publishing a notice five times within
    19  fourteen days preceding the hearing, on the district's  website  and  in
    20  two newspapers if there shall be two, or in one newspaper if there shall
    21  be  but  one, having general circulation within such district. But if no
    22  newspaper shall then have general circulation therein, said notice shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03770-03-7
        A. 881--A                           2
 
     1  be posted in at least twenty of the most public places in said  district
     2  fourteen days before the time of such hearing.
     3    (iii)  Following  such  public  hearing, a proposition for approval of
     4  such resolution by a majority of the qualified voters of  such  district
     5  shall  be  submitted at the next succeeding annual meeting and election.
     6  The district clerk shall give notice of such proposition  by  publishing
     7  notice  prior to the election, in the same manner and publication as the
     8  public hearing, set forth in this section, specifying the time when  and
     9  place or places where such election will be held, the hours during which
    10  the  polls  will  remain  open for the purpose of receiving ballots, and
    11  setting forth in full the language of the proposition to be approved  at
    12  such election.
    13    (iv)  If  such  proposition  is  approved,  within five months of such
    14  approval, the board of education shall define  and  publish,  by  resol-
    15  ution, boundaries of each of the school election wards. Such wards shall
    16  be contiguous and each ward shall contain as nearly as possible the same
    17  number  of  inhabitants.  A  map of each ward and the boundaries thereof
    18  shall be created with the original filed with the district clerk  within
    19  ten  days  of  the  resolution  and copies thereof filed in the board of
    20  elections of the county. The boundaries of the school election wards may
    21  thereafter be redefined by the board of education by resolution, after a
    22  public hearing thereon,  upon  each  issuance  of  a  federal  decennial
    23  census.  Such  resolution shall be established at least six months prior
    24  to the next election of a school board trustee or trustees.
    25    (v) After a school election ward system shall have  been  established,
    26  the  term of every existing trustee shall terminate on the thirtieth day
    27  of June next succeeding the first annual meeting and election  following
    28  voter  approval  of the referendum and on the third Tuesday in May every
    29  three years thereafter.
    30    c. The term of office of each trustee  from  a  school  election  ward
    31  shall  be  three  years.  In  each  school  election ward, the candidate
    32  receiving a plurality of votes in each school  election  ward  shall  be
    33  declared elected to that position.
    34    d.  Whenever  a  vacancy  shall occur or exist in the office of a ward
    35  trustee of a board of education, except by reason of expiration of  term
    36  or  increase  in the number of members of such board, such vacancy shall
    37  be filled within ninety days either  by  (i)  a  majority  vote  of  the
    38  remaining  trustees of the board of education or (ii) a special election
    39  ordered by the commissioner. When a special  election  is  ordered,  the
    40  vacancy  shall not be filled otherwise.  No person shall be appointed to
    41  fill a vacancy of a ward trustee of a board of education  unless  he  or
    42  she fulfills all of the qualifications in section twenty-one hundred two
    43  of this title to enable him or her to be a candidate for the office of a
    44  trustee  of  the  board  of education from the ward involved. The person
    45  appointed or elected to fill such vacancy shall take office  immediately
    46  upon  filing  of  his  or  her official oath of office with the district
    47  clerk and shall hold his or her office for the remainder  of  the  unex-
    48  pired term.
    49    e.  Except as provided herein, all provisions of this article, article
    50  forty-one, and article forty-three of  this  chapter  or  of  any  other
    51  general law relating to or affecting the election of trustees in a union
    52  free  school  district shall apply to school election wards organized as
    53  herein.
    54    § 2. Section 1804 of the education law is  amended  by  adding  a  new
    55  subdivision 13 to read as follows:
        A. 881--A                           3
 
     1    13.  a.  Notwithstanding any other provision of law to the contrary, a
     2  board of education of a central school district may, by  resolution  and
     3  subject  to  a mandatory referendum, establish school election wards for
     4  purposes of electing individual school board  members.  There  shall  be
     5  five,  seven or nine school election wards within a school district. One
     6  member shall be chosen from each ward by the qualified voters therein.
     7    b. (i) Upon a resolution by the board of  education,  which  shall  be
     8  passed  no less than one hundred eighty days prior to a related referen-
     9  dum being placed before the qualified  voters  of  the  school  district
    10  during  the  annual  meeting  and election, the board of education shall
    11  conduct a public hearing.
    12    (ii) Such public hearing shall be conducted not less than  thirty  nor
    13  more than ninety days prior to a vote on the resolution by a majority of
    14  the  qualified  voters  of  the  district. The district clerk shall give
    15  notice of the public hearing by publishing a notice  five  times  within
    16  fourteen  days  preceding  the hearing, on the district's website and in
    17  two newspapers if there shall be two, or in one newspaper if there shall
    18  be but one, having general circulation within such district. But  if  no
    19  newspaper shall then have general circulation therein, said notice shall
    20  be  posted in at least twenty of the most public places in said district
    21  fourteen days before the time of such hearing.
    22    (iii) Following such public hearing, a  proposition  for  approval  of
    23  such  resolution  by a majority of the qualified voters of such district
    24  shall be submitted at the next succeeding annual meeting  and  election.
    25  The  district  clerk shall give notice of such proposition by publishing
    26  notice prior to the election, in the same manner and publication as  the
    27  public  hearing, set forth in this section, specifying the time when and
    28  place or places where such election will be held, the hours during which
    29  the polls will remain open for the purpose  of  receiving  ballots,  and
    30  setting  forth in full the language of the proposition to be approved at
    31  such election.
    32    (iv) If such proposition is  approved,  within  five  months  of  such
    33  approval,  the  board  of  education shall define and publish, by resol-
    34  ution, boundaries of each of the school election wards. Such wards shall
    35  be contiguous and each ward shall contain as nearly as possible the same
    36  number of inhabitants. A map of each ward  and  the  boundaries  thereof
    37  shall  be created with the original filed with the district clerk within
    38  ten days of the resolution and copies thereof  filed  in  the  board  of
    39  elections of the county. The boundaries of the school election wards may
    40  thereafter be redefined by the board of education by resolution, after a
    41  public  hearing  thereon,  upon  each  issuance  of  a federal decennial
    42  census. Such resolution shall be established at least six  months  prior
    43  to the next election of a school board member or members.
    44    (v)  After  a school election ward system shall have been established,
    45  the term of every existing member shall terminate on the  thirtieth  day
    46  of  June next succeeding the first annual meeting and election following
    47  voter approval of the referendum and on the third Tuesday in  May  every
    48  three years thereafter.
    49    c.  The  term  of  office  of  each  school board member from a school
    50  election ward shall be three years. In each election ward, the candidate
    51  receiving a plurality of votes in each election ward shall  be  declared
    52  elected to that position.
    53    d.  Whenever  a vacancy shall occur or exist in the office of a member
    54  of a board of education, except by  reason  of  expiration  of  term  or
    55  increase  in  the number of members of such board, such vacancy shall be
    56  filled within ninety days by a majority vote of the  remaining  trustees
        A. 881--A                           4
 
     1  of the board of education. No person shall be appointed to fill a vacan-
     2  cy  of a member of a board of education unless he or she fulfills all of
     3  the qualifications in section twenty-one hundred two of  this  title  to
     4  enable  him  or  her to be a candidate for the office of a member of the
     5  board of education from the  ward  involved.  The  person  appointed  or
     6  elected  to  fill such vacancy shall take office immediately upon filing
     7  of his or her official oath of office with the district clerk and  shall
     8  hold his or her office for the remainder of the unexpired term.
     9    e.  Except as provided herein, all provisions of this article, article
    10  forty-one, and article forty-three of  this  chapter  or  of  any  other
    11  general  law  relating  to  or  affecting  the  election of school board
    12  members in a central school district  shall  apply  to  school  election
    13  wards organized as herein.
    14    § 3. This act shall take effect immediately.