STATE OF NEW YORK
________________________________________________________________________
3935--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 28, 2015
___________
Introduced by M. of A. JOHNS, TENNEY -- Multi-Sponsored by -- M. of A.
LAWRENCE -- read once and referred to the Committee 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 posting of notices
for annual meetings at common and union free school districts and the
form thereof; and to repeal certain provisions of such law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2004 of the education law is REPEALED and a new
2 section 2004 is added to read as follows:
3 § 2004. Notice of annual meeting in union free school district. 1.
4 The clerk of each union free school district shall give notice of the
5 availability of the statement of expenditures pursuant to the provisions
6 of section seventeen hundred sixteen of this title. The clerk shall also
7 give notice of the time and place of the annual meeting and the notice
8 required by section seventeen hundred sixteen of this title by:
9 a. Publishing a notice four times within the seven weeks next preced-
10 ing such district meeting, the first publication to be at least forty-
11 five days before said meeting;
12 b. Notice shall be provided in two newspapers if there shall be two,
13 or in one newspaper if there shall be but one provided, however, all
14 newspaper publications shall be made in newspapers having a general
15 circulation within such district;
16 c. But if no newspaper has circulation in such district notice shall
17 be posted in at least twenty of the most public places in said district,
18 including, but not limited to public roadways, the local United States
19 post office and local grocery food stores;
20 d. Notice posted in public places shall be posted forty-five days
21 before the time of such meeting; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07230-02-5
A. 3935--A 2
1 e. Notice shall not be posted on district property. A district may not
2 give voluntary notice.
3 2. Such notice shall also state that petitions nominating candidates
4 for the office of member of the board of education must be filed in the
5 office of the clerk of the district between the hours of nine a.m. and
6 five p.m., not later than the thirtieth day preceding the school meeting
7 or election at which the candidates so nominated are to be elected.
8 3. Posting of such notice shall be mandatory and school districts
9 failing to provide notice shall be fined one thousand dollars for the
10 first offense and five thousand dollars for each additional offense.
11 4. To ensure compliance with the provisions of this section the board
12 of education shall appoint an official in each school district to
13 conduct a uniform inspection of the budget vote and with all notice
14 posting and requirements pursuant to this section and any other rules
15 and regulations that the board may promulgate.
16 5. If the district has personal registration of voters pursuant to
17 section two thousand fourteen of this part, and has not been divided
18 into election districts pursuant to section two thousand seventeen of
19 this part, such notice shall also state:
20 a. the place and hour or hours at which the board of registration
21 shall meet to prepare the register of the school district and any person
22 shall be entitled to have his name placed upon such register, provided
23 that at such meeting of the board of registration, he is known or proven
24 to the satisfaction of such board of registration, to be then or there-
25 after entitled to vote at the school meeting or election for which such
26 register is prepared,
27 b. that the register prepared pursuant to section two thousand four-
28 teen of this part will be filed in the office of the clerk of the
29 district; that such register will be open for inspection by any quali-
30 fied voter of the district and the hours during which such register will
31 be open for inspection on each of the five days prior to and the day set
32 for the meeting or election, except Sundays.
33 6. If the district has been divided into election districts pursuant
34 to section two thousand seventeen of this part, such notice shall also
35 state:
36 a. the place and hour or hours in each election district at which the
37 members of the board of registration shall meet to prepare the register
38 of the school district for each election district and any person shall
39 be entitled to have his name placed upon such register, provided that at
40 such meeting of the members of the board of registration he is known or
41 proven to the satisfaction of such members to be then or thereafter
42 entitled to vote at the school meeting or election for which such regis-
43 ter is prepared,
44 b. the place in each election district where the meeting or election
45 shall be held,
46 c. that the register prepared pursuant to section two thousand four-
47 teen of this part will be filed in the office of the clerk of the
48 district; that such register will be open for inspection by any quali-
49 fied voter of the district and the hours during which such register will
50 be open for inspection on each of the five days prior to and the day set
51 for the meeting or election, except Sundays,
52 d. if the district is divided into election districts and voting
53 machines are used, that a statement of estimated expenses for the ensu-
54 ing year will be completed and copies made available at each schoolhouse
55 in the district in which school is maintained during certain designated
56 hours on each day other than a Saturday, Sunday or holiday during the
A. 3935--A 3
1 fourteen days immediately preceding such meeting, together with the text
2 of any resolution which will be presented to the voters.
3 7. Notice shall also state that applications for absentee ballots for
4 election of board members may be applied for at the office of the clerk
5 of the district. Such notice, in such case, shall further state that a
6 list of all persons to whom absentee ballots shall have been issued,
7 will be available in the said office of the clerk on each of the five
8 days prior to the day of the election except Sundays, and that such list
9 will also be posted at the polling place or places at the election of
10 members of the board of education.
11 8. Notice and all other notices and reports required to be published
12 in newspapers under the provisions of this section shall be printed at
13 the rates and for the fees prescribed in the civil practice law and
14 rules. In the event that the publishers of one or both of the newspa-
15 pers having general circulation in such district shall refuse to print
16 and publish the notices or reports at the rates and for the fees so
17 prescribed, publication in such newspaper or newspapers so refusing may
18 be omitted, provided, however, notices or reports shall still be posted
19 as required by this section.
20 § 2. Section 2003 of the education law is REPEALED and a new section
21 2003 is added to read as follows:
22 § 2003. Notice of annual meeting in common school district. 1. The
23 district clerk of each common school district shall give notice of the
24 availability of the statement of expenditures pursuant to the provisions
25 of section sixteen hundred eight of this title. The district clerk shall
26 also give notice of the time and place of the annual meeting by:
27 a. Publishing a notice four times within the seven weeks next preced-
28 ing such district meeting, the first publication to be at least forty-
29 five days before said meeting;
30 b. Notice shall be provided in two newspapers if there shall be two,
31 or in one newspaper if there shall be but one provided, having a general
32 circulation within such district;
33 c. But if no newspaper has circulation in such district notice shall
34 be posted in at least twenty of the most public places in said district,
35 including, but not limited to public roadways, the local United States
36 post office and local grocery food stores;
37 d. Notice posted in public places shall be posted forty-five days
38 before the time of such meeting; and
39 e. Notice shall not be posted on district property. A district may not
40 provide voluntary notice.
41 2. Such notice shall also state that petitions nominating candidates
42 for the office of member of the board of education must be filed in the
43 office of the clerk of the district between the hours of nine a.m. and
44 five p.m., not later than the thirtieth day preceding the school meeting
45 or election at which the candidates so nominated are to be elected.
46 3. Posting of such notice shall be mandatory and school districts
47 failing to provide notice shall be fined one thousand dollars for the
48 first offense and five thousand dollars for each additional offense.
49 4. To ensure compliance with the provisions of this section the board
50 of education shall appoint an official in each school district to
51 conduct a uniform inspection of the budget vote and with all notice
52 posting and requirements pursuant to this chapter and any other rules
53 and regulations that the board may promulgate.
54 5. Such notice shall also state that petitions nominating candidates
55 for the office of member of the board of trustees must be filed with the
56 clerk of the district between the hours of nine a.m. and five p.m., not
A. 3935--A 4
1 later than the thirtieth day preceding the school meeting or election at
2 which the candidates so nominated are to be elected.
3 6. Such notice and all other notices and reports required to be
4 published in newspapers under the provisions of this chapter shall be
5 printed at the rates and for the fees prescribed in the civil practice
6 law and rules. In the event that the publishers of one or both of the
7 newspapers having general circulation in such district shall refuse to
8 print and publish the notices or reports at the rates and for the fees
9 so prescribed, publication in such newspaper or newspapers so refusing
10 may be omitted, in which case, notices or reports shall be posted as
11 required by this section in lieu of such publication.
12 § 3. This act shall take effect immediately provided, however, that
13 the commissioner of education shall have the authority to promulgate any
14 rules or regulations necessary for the implementation of this act before
15 this act shall have become a law.
