S05172 Summary:

BILL NOS05172A
 
SAME ASSAME AS A04467-A
 
SPONSORDILAN
 
COSPNSRDIAZ, HASSELL-THOMPSON, KRUEGER, MONTGOMERY
 
MLTSPNSR
 
Amd S3-400, El L; amd SS132 & 143, Lab L; amd SS2025, 2036 & 2607, rpld & add S3207-a, Ed L
 
Permits certain students enrolled in school, with parental consent, to serve as election inspectors or poll clerks at elections under the election or education law; such students, if so serving while school is in session, shall be recorded as in attendance.
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S05172 Actions:

BILL NOS05172A
 
04/27/2009REFERRED TO ELECTIONS
01/06/2010REFERRED TO ELECTIONS
01/11/2010AMEND AND RECOMMIT TO ELECTIONS
01/11/2010PRINT NUMBER 5172A
01/20/2010REPORTED AND COMMITTED TO CODES
03/02/20101ST REPORT CAL.190
03/03/20102ND REPORT CAL.
03/04/2010ADVANCED TO THIRD READING
03/08/2010SUBSTITUTED BY A4467A
 A04467 AMEND=A Brodsky (MS)
 02/04/2009referred to election law
 02/25/2009reported
 02/26/2009advanced to third reading cal.165
 03/16/2009passed assembly
 03/16/2009delivered to senate
 03/16/2009REFERRED TO ELECTIONS
 01/06/2010DIED IN SENATE
 01/06/2010RETURNED TO ASSEMBLY
 01/06/2010ordered to third reading cal.332
 01/12/2010amended on third reading 4467a
 01/26/2010passed assembly
 01/26/2010delivered to senate
 01/26/2010REFERRED TO CODES
 03/08/2010SUBSTITUTED FOR S5172A
 03/08/20103RD READING CAL.190
 04/26/2010PASSED SENATE
 04/26/2010RETURNED TO ASSEMBLY
 04/30/2010delivered to governor
 05/12/2010signed chap.76
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S05172 Floor Votes:

There are no votes for this bill in this legislative session.
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S05172 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5172--A
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                     April 27, 2009
                                       ___________
 
        Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, KRUEGER -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on  Elections  -- recommitted to the Committee on Elections in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 

        AN ACT to amend the election law, the labor law, and the education  law,
          in  relation to authorizing persons seventeen years of age to serve as
          election inspectors and poll clerks and to repeal  section  3207-a  of
          the  education  law  relating to authorizing the board of education of
          the city of New York to reduce the length of recitation periods
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  6  of  section 3-400 of the election law, as
     2  amended by chapter 340 of the laws of 1995, is amended and a new  subdi-
     3  vision 7 is added to read as follows:
     4    6.  No  person  shall  be certified or act as an election inspector or
     5  poll clerk who is not a registered voter (unless  such  person  is  duly

     6  qualified under subdivision seven of this section) and a resident of the
     7  county  in  which  he  or she serves, or within the city of New York, of
     8  such city, who holds any elective public office, or who is  a  candidate
     9  for  any  public office to be voted for by the voters of the district in
    10  which he or she is to serve, or the spouse, parent, or child of  such  a
    11  candidate, or who is not able to speak and read the English language and
    12  write it legibly.
    13    7.    A  person  seventeen  years  of  age who is enrolled in a school
    14  district and fulfilling the requirements of section  thirty-two  hundred
    15  seven-a  of  the education law shall be eligible to be appointed as, and
    16  to perform the duties  of,  an  election  inspector  or  poll  clerk  as
    17  provided in this chapter.

    18    §  2.  Subdivision  3  of  section  132 of the labor law is amended by
    19  adding a new paragraph f to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08212-02-0

        S. 5172--A                          2
 
     1    f. Nothing in this section shall be construed to prohibit the  employ-
     2  ment  of a minor seventeen years of age as an election inspector or poll
     3  clerk pursuant to section 3-400 of the election law, or  to  require  an
     4  employment certificate or permit therefor.
     5    §  3. Section 143 of the labor law is amended by adding a new subdivi-
     6  sion 6 to read as follows:

     7    6. The provisions of this section shall not apply to the employment of
     8  a minor seventeen years of age as an election inspector  or  poll  clerk
     9  pursuant to section 3-400 of the election law.
    10    §  4.  Section  2025  of  the education law is amended by adding a new
    11  subdivision 6 to read as follows:
    12    6. A person seventeen years  of  age  who  is  enrolled  in  a  school
    13  district  and  fulfilling the requirements of section thirty-two hundred
    14  seven-a of this chapter shall be eligible to be  appointed  as,  and  to
    15  perform  the  duties of, an election inspector or poll clerk as provided
    16  in this part.
    17    § 5. Section 2036 of the education law, as added by chapter 801 of the
    18  laws of 1953, is amended to read as follows:

    19    § 2036. Effect of failure to appoint  or  elect  qualified  voters  as
    20  district meeting or election officials.  The proceedings of no annual or
    21  special  school  district  meeting or election shall be held illegal for
    22  failure to appoint or elect a qualified voter (or  a  person  satisfying
    23  the  requirements  of subdivision seven of section 3-400 of the election
    24  law) as an official at such district  meeting  or  election,  unless  it
    25  shall  appear  that the acts of such official or officials were improper
    26  or that the action of such meeting or election was prejudiced thereby.
    27    § 6. Section 2607 of the education law, as amended by chapter  231  of
    28  the laws of 1958, is amended to read as follows:
    29    § 2607. Inspectors  of election; organization.  Not less than ten days

    30  prior to each special or annual election, the board of  education  shall
    31  appoint for each election district three qualified voters residing ther-
    32  ein  to  act as inspectors of election in such election district at such
    33  election.  The clerk of the board of education shall give written notice
    34  of appointment to the persons so appointed.   If a person  appointed  an
    35  inspector  of  election  refuses  to accept such appointment or fails to
    36  serve, the board may appoint a qualified voter of  the  school  election
    37  district  to  fill the vacancy.   Additional inspectors of elections for
    38  each district may be appointed for one or more of such  school  election
    39  districts[,]  when,  in  the opinion of the board, special circumstances
    40  exist requiring the  services  of  such  additional  inspectors.    Such
    41  inspectors  shall, before opening the polls in the election district for

    42  which they are appointed, organize by electing one of  their  number  as
    43  [chairman,]  chairperson  and  one as poll clerk.  The [chairman] chair-
    44  person may also appoint one of  the  inspectors  as  an  assistant  poll
    45  clerk.    Each inspector shall receive for his or her services a compen-
    46  sation to be fixed by the board of education, not to  exceed  the  basic
    47  compensation  paid  to  inspectors  of election at the preceding general
    48  elections, as fixed by the governing body of  the  city  in  which  such
    49  school  district  is  wholly  or  partly  located, to be paid out of the
    50  school funds in the same manner as other claims against the city  school
    51  district.    Notwithstanding the foregoing provisions of this section, a

    52  person seventeen years of age who is enrolled in a school  district  and
    53  fulfilling  the  requirements  of  section thirty-two hundred seven-a of
    54  this chapter shall be eligible to be appointed as, and  to  perform  the
    55  duties of, an election inspector or poll clerk as provided in this arti-
    56  cle.

        S. 5172--A                          3
 
     1    § 7. Section 3207-a of the education law is REPEALED and a new section
     2  3207-a is added to read as follows:
     3    §  3207-a.  Service  of  persons  seventeen  years  of age as election
     4  inspectors or poll clerks. A school  district  may  permit  an  enrolled
     5  student,  with  the consent of such student's parent, guardian, or other

     6  person in parental relation, to serve as an election inspector  or  poll
     7  clerk  pursuant to section 3-400 of the election law (and other applica-
     8  ble provisions of this chapter and the labor law). For the  purposes  of
     9  attendance,  any  student so serving while school is in session shall be
    10  recorded as in attendance.
    11    § 8. This act shall take effect immediately.
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