A06895 Summary:

BILL NOA06895
 
SAME ASNo same as
 
SPONSORParment
 
COSPNSRKavanagh
 
MLTSPNSR
 
Amd SS1-102 & 3-102, El L; amd SS1602, 1702, 1703, 1804, 2502 & 2553, add S2022-a, Ed L; amd S361-a, County L
 
Enacts provision to permit the conduct of school board elections by the board of elections upon the passage of a resolution by the school board.
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A06895 Actions:

BILL NOA06895
 
03/13/2009referred to election law
01/06/2010referred to election law
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A06895 Floor Votes:

There are no votes for this bill in this legislative session.
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A06895 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6895
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 13, 2009
                                       ___________
 
        Introduced  by M. of A. PARMENT -- read once and referred to the Commit-
          tee on Election Law
 
        AN ACT to amend the election law, the education law and the county  law,
          in  relation  to the conduct of school board elections by the board of
          elections
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Section  1-102 of the election law, as amended by chapter
     2  727 of the laws of 1991, is amended to read as follows:
     3    § 1-102. Applicability of  chapter.  This  chapter  shall  govern  the
     4  conduct  of  all  elections at which voters of the state of New York may
     5  cast a ballot for the purpose of electing an  individual  to  any  party
     6  position  or nominating or electing an individual to any federal, state,
     7  county, city, town [or], village or school board office, or deciding any
     8  and all ballot [question] questions and/or budget  referendum  submitted
     9  to  all  the voters of the state or the voters of any county or city, or
    10  deciding any ballot question submitted to the  voters  of  any  town  or

    11  village at the time of a general election. Where a specific provision of
    12  law exists in any other law which is inconsistent with the provisions of
    13  this  chapter,  such  provision  shall  apply unless a provision of this
    14  chapter specifies that  such  provision  of  this  chapter  shall  apply
    15  notwithstanding any other provision of law.
    16    §  2.  Section  3-102  of  the election law is amended by adding a new
    17  subdivision 9-B to read as follows:
    18    9-B. promulgate  rules  and  regulations,  in  consultation  with  the
    19  commissioner  of education, providing for the conduct and supervision of
    20  election of school board members or trustees by the board of elections;
    21    § 3. Section 1602 of the education law is  amended  by  adding  a  new
    22  subdivision 4 to read as follows:

    23    4.  The election of trustees pursuant to this section may be conducted
    24  by and subject to the supervision of the board of elections, as  defined
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09221-01-9

        A. 6895                             2
 
     1  in  section  1-104 of the election law, upon the passage of a resolution
     2  by the board of trustees.
     3    §  4.  Section  1702  of  the education law is amended by adding a new
     4  subdivision 4 to read as follows:
     5    4. An election pursuant to  this  section  may  be  conducted  by  and
     6  subject  to  the  supervision  of  the board of elections, as defined in

     7  section 1-104 of the election law upon the passage of  a  resolution  by
     8  the school board.
     9    § 5. Subdivision 3 of section 1703 of the education law, as amended by
    10  chapter 797 of the laws of 1957, is amended to read as follows:
    11    3.  The additional members first elected shall be elected at a special
    12  meeting which shall be called by the board and be  held  not  less  than
    13  thirty  nor  more  than sixty days following the annual meeting at which
    14  the number was increased, and pending the first election of  such  addi-
    15  tional members no vacancy shall be deemed to exist in the offices there-
    16  of except for the purpose of filling the same by election, notwithstand-
    17  ing  any inconsistent provision of any law. An election pursuant to this
    18  section may be conducted by and subject to the supervision of the  board

    19  of  elections, as defined in section 1-104 of the election law, upon the
    20  passage of a resolution by the school board.
    21    § 6. Subdivision 4 of section 1804 of the education law, as amended by
    22  section 1 of part M of chapter 57 of the laws of  2005,  is  amended  to
    23  read as follows:
    24    4.  The  annual  meeting  and election in each central school district
    25  shall be held on the third Tuesday of May provided,  however  that  such
    26  annual  meeting  and election shall be held on the second Tuesday in May
    27  if the commissioner at the request of a local school board certifies  no
    28  later  than March first that such election would conflict with religious
    29  observances, and any school budget revote shall  be  held  on  the  date
    30  specified  in  subdivision  three  of section two thousand seven of this

    31  title. Such annual meeting and school budget revote shall  be  conducted
    32  and  the  election  of  members  of  the board shall be held in the same
    33  manner as in union free school districts organized and  operating  under
    34  the provisions of this chapter, including the conduct and supervision of
    35  such  election  by  the  board of elections where the board has passed a
    36  resolution providing therefor.  The board of education of  each  central
    37  school district shall hold a budget hearing not less than seven nor more
    38  than  fourteen  days  prior to the annual or special district meeting at
    39  which a school budget vote will occur, and shall prepare and present  to
    40  the  voters at such budget hearing a proposed school district budget for
    41  the ensuing school year.
    42    § 7. The education law is amended by adding a new  section  2022-a  to
    43  read as follows:

    44    §  2022-a. Conduct of election of trustees and members of the board of
    45  education. Upon the passage of a resolution by the board of education or
    46  trustees providing therefor, elections for  the  office  of  trustee  or
    47  member  of the board of education may be conducted by and subject to the
    48  supervision of the board of elections, as defined in  section  1-104  of
    49  the election law.
    50    § 8. Subdivision 2 of section 2502 of the education law, as amended by
    51  chapter 698 of the laws of 1989, is amended to read as follows:
    52    2.  Each  board  of  education  shall  consist  of five, seven or nine
    53  members, to be known as members of the board of education. In  the  city
    54  of Albany, such board shall consist of seven members; and in the city of

    55  Rensselaer,  such board shall consist of five members; subject, however,
    56  to any increase or decrease of the number of members of  such  board  as

        A. 6895                             3
 
     1  provided  pursuant  to the provisions of paragraph a of subdivision four
     2  of this section. Members of such board shall be elected by the qualified
     3  voters at large of the school district at annual school elections, under
     4  the provisions of article fifty-three of this chapter except in the city
     5  school  district of the city of Albany; provided, however, each board of
     6  education may upon its own motion, and shall upon  a  written  petition,
     7  subscribed  by  not  less  than  five  hundred  qualified  voters of the
     8  district, cause to be submitted at the annual school election a proposi-
     9  tion to consider each vacancy upon the board  of  education  a  separate

    10  specific office requiring a separate petition to nominate a candidate to
    11  each  separate  office  in  accordance  with  the  provisions of article
    12  fifty-three of this chapter.  An election pursuant to this  section  may
    13  be  conducted  by  and  subject  to  the  supervision  of  the  board of
    14  elections, as defined in section 1-104 of the  election  law,  upon  the
    15  passage of a resolution by the school board.
    16    § 9. Subdivision 1 of section 2553 of the education law, as separately
    17  amended  by chapters 211 and 441 of the laws of 1980, is amended to read
    18  as follows:
    19    1. No person shall be eligible to the office of member of a  board  of
    20  education  who  is not a citizen of the United States, who is not quali-
    21  fied to register for or vote at  an  election  in  accordance  with  the

    22  provisions of section 5-106 of the election law, and who, in the case of
    23  the city school district of the city of Yonkers, has not been a resident
    24  of  the  city  school district for which he is chosen for a period of at
    25  least three years immediately preceding the  date  of  his  election  or
    26  appointment and who, in the case of the city school district of the city
    27  of  Buffalo,  in  the  case  of a member to be elected at large is not a
    28  qualified voter of such city school district and  who  has  not  been  a
    29  resident  of  such  district  for a period of at least three years imme-
    30  diately preceding the date of his election and in the case of  a  member
    31  elected  from a city school subdistrict is not a qualified voter of such
    32  city school subdistrict and has not been a resident of the  city  school
    33  district  for  three years and a resident of the city school subdistrict

    34  which he represents or seeks to represent for a period of one year imme-
    35  diately preceding the date of his election, and who, in the case of  the
    36  city  school district of the city of Rochester, is not a qualified voter
    37  under section 5-102 of the election law of such  city  school  district;
    38  and  who in the case of the city school district of the city of Syracuse
    39  has not been a qualified voter under section 5-102 of the  election  law
    40  of  such  city  school  district  for  at  least ninety days immediately
    41  preceding the date of his election or appointment.  An election pursuant
    42  to this section may be conducted by and subject to  the  supervision  of
    43  the board of elections, as defined in section 1-104 of the election law,
    44  upon the passage of a resolution by the school board.

    45    §  10.  Section  361-a of the county law, as amended by chapter 359 of
    46  the laws of 1989, is amended to read as follows:
    47    § 361-a. Expenses of boards of elections outside New York City; appor-
    48  tionment of. The board of elections in each county, outside of the  city
    49  of  New York, on or before the fifteenth day of December and not earlier
    50  than the first day of October, in each year, shall certify to the  clerk
    51  of  the legislative body of the county, the total amount of the expenses
    52  of such board of elections, including salaries for the  preceding  year,
    53  and, if the legislative body of any county shall so direct, shall certi-
    54  fy to such clerk the portions of such expenses which under provisions of
    55  law are to be borne by any city or cities in said county and the portion
    56  thereof  which  is to be borne by the rest of such county and such clerk


        A. 6895                             4
 
     1  shall thereupon notify the proper local official or officials,  who,  in
     2  spreading  upon  the  assessment-rolls  the  taxes to be levied upon the
     3  taxable property in the city or any such cities, and in the rest of  the
     4  county,  shall  include in the amount so spread the amounts certified by
     5  the board of elections to be borne by such city or cities, respectively,
     6  and in the amount spread upon the assessment-rolls of the taxable  prop-
     7  erty in the several towns or other political subdivisions of the rest of
     8  the  county  the  amount  so  certified by said board of elections to be
     9  borne by such towns or political subdivisions respectively. Whenever any
    10  additional expenses either for salaries or supplies in addition  to  the
    11  regular  county-wide  primary  and  election  expenses are incurred by a

    12  board of elections incidental to any election in any city, town,  school
    13  district or village, such board of elections shall certify to the county
    14  legislative  body  a detailed statement of such expenses and said county
    15  legislative body may cause the amount thereof to be levied against  such
    16  city, town, school district or village or may certify the amount thereof
    17  to  such  city,  town,  school  district or village and such city, town,
    18  school district or village shall upon such  certification,  include  the
    19  amount  so  certified  in the next budget and tax levy and shall pay the
    20  same to the county.
    21    § 11. This act shall take effect on  the  one  hundred  eightieth  day
    22  after it shall have become a law. Any rules and regulations necessary to

    23  implement  the  provisions of this act on its effective date are author-
    24  ized and directed to be promulgated, amended or repealed  on  or  before
    25  such date.
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