-  This bill is not active in this session.
 

S05224 Summary:

BILL NOS05224B
 
SAME ASSAME AS A04949-B
 
SPONSORKENNEDY
 
COSPNSRJACOBS
 
MLTSPNSR
 
Rpld §2553 sub 10 ¶d sub¶ 3, amd §2553, Ed L
 
Provides for the election of members of the board of education of the Buffalo city school district in November rather than in May; creates a timetable for the electoral proceedings therefor; extends the terms of current members of such board to the last day of December rather than June; provides for future terms to run from January through December; and staggers terms.
Go to top    

S05224 Actions:

BILL NOS05224B
 
04/17/2019REFERRED TO EDUCATION
06/03/2019AMEND (T) AND RECOMMIT TO EDUCATION
06/03/2019PRINT NUMBER 5224A
06/17/2019AMEND AND RECOMMIT TO EDUCATION
06/17/2019PRINT NUMBER 5224B
06/18/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2019ORDERED TO THIRD READING CAL.1607
06/20/2019PASSED SENATE
06/20/2019DELIVERED TO ASSEMBLY
06/20/2019referred to education
06/20/2019substituted for a4949b
06/20/2019ordered to third reading rules cal.131
06/20/2019passed assembly
06/20/2019returned to senate
11/19/2019DELIVERED TO GOVERNOR
11/25/2019SIGNED CHAP.561
Go to top

S05224 Committee Votes:

Go to top

S05224 Floor Votes:

DATE:06/20/2019Assembly Vote  YEA/NAY: 125/22
Yes
Abbate
Yes
Crespo
ER
Gantt
No
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
No
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
No
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
No
DeStefano
Yes
Hawley
No
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
No
Reilly
No
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
No
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rivera
Yes
Titus
No
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
No
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
No
Wallace
No
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
No
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
No
Byrnes
Yes
Finch
No
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
No
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
No
Friend
No
Lawrence
No
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
ER
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
Go to top

S05224 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5224--B
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 17, 2019
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the education law, in  relation  to  providing  for  the
          election  of  members  of  the  board of education of the Buffalo city
          school district in November; 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. Subparagraph 3 of paragraph d of subdivision 10 of  section
     2  2553 of the education law is REPEALED.
     3    §  2.  Subparagraphs  1 and 2 of paragraph d and paragraphs g, j, m, o
     4  and p of subdivision 10 of section 2553 of the education law,  as  added
     5  by  chapter  242  of the laws of 1974, paragraph g as amended by chapter
     6  431 of the laws of 2012 and paragraph p as amended by chapter 95 of  the
     7  laws of 1979, are amended to read as follows:
     8    (1)  Such election for such office shall be governed by the provisions
     9  of the election law in the same manner as candidates for office general-
    10  ly to be elected by the voters of the city of Buffalo  [except,  as  the
    11  case  may  be,  as  to  the date of the election; and, further provided,
    12  however, that]. Notwithstanding section 6-142 of the election law,  each
    13  such candidate for election as a member of the board of education from a
    14  city  school subdistrict shall be required to file a petition containing
    15  signatures of at least five  hundred  registered  voters  of  such  city
    16  school  subdistrict  in  which  he is a candidate and each candidate for
    17  election to the board of education by  the  voters  at  large  shall  be
    18  required  to  file  a petition containing the signatures of at least one
    19  thousand registered voters of the city of Buffalo.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04781-08-9

        S. 5224--B                          2
 
     1    (2) No petition shall contain any political party or independent  body
     2  name  or  label. Each petition shall contain the name of only one candi-
     3  date and such petition shall be filed with [the clerk of] the  board  of
     4  elections  of  the  county  of Erie not earlier than [the fifth Tuesday]
     5  twenty-four  weeks before, and not later than [the fourth Tuesday] twen-
     6  ty-three weeks preceding the date on which an election shall be held.  A
     7  certificate  of acceptance or declination of any individual so nominated
     8  shall be filed not later than the third day after the  [fourth]  twenty-
     9  third Tuesday preceding the election.
    10    g.  Each  sheet of such a petition shall be signed in ink and shall be
    11  substantially in the following form:
    12    I, the undersigned, do hereby state that I am a duly  qualified  voter
    13  of the city of Buffalo, that my place of residence is truly stated oppo-
    14  site  my  signature hereto, and I do hereby nominate the following named
    15  person as a candidate for nomination (for the public office of member of
    16  the board of education of the city of Buffalo at  large..............day
    17  of....................,   20.....,)   (for   the   city  school  subdis-
    18  trict.............day of........, 20.....)

    19    I do hereby appoint........................(here insert the names  and
    20  addresses  of  at  least  three persons, all of whom shall be registered
    21  voters within the city of Buffalo), as a committee to fill vacancies  in
    22  accordance with the provisions of the election law.
    23    In  witness  whereof,  I  have  hereunto  set my hand the day and year
    24  placed opposite my signature.
 
    25      Date             Name of Signer           Present Residence
    26   ..............    ..................        ....................
    27   ..............    ..................        ....................
    28   ..............    ..................        ....................
 
    29    The petition shall be authenticated by witnesses. Such statement shall
    30  be accepted for all purposes as the equivalent of an affidavit,  and  if
    31  false  shall  subject  the witness to the same penalties as if he or she
    32  had been duly sworn. The form of such statement shall  be  substantially
    33  as follows:
 
    34                            STATEMENT OF WITNESS
 
    35    I,....................,  (name  of witness), state: I am a duly quali-
    36  fied voter of the state of New York, and now reside in the city, town or
    37  village      of...............,      in       such       state,       at
    38  .......................(fill in street and house number and post office)
    39  therein.  I  know  each of the voters whose names are subscribed to this
    40  petition sheet containing (fill  in  number).............signatures  and
    41  each  of them subscribed the same in my presence and upon so subscribing
    42  declared to me that the foregoing statement, made and subscribed by him,
    43  was true.
 
    44                                               .....................
    45                                               Signature of witness
    46  Date...........
 
    47    j. Objections to petitions for the nomination of members of such board
    48  of education, procedures and  remedies  applicable  to  such  objections
    49  shall  be  [the  same  as  those  applicable  to  independent nominating

        S. 5224--B                          3

     1  petitions under the election law, except as it may be  modified  by  the
     2  provisions  of paragraph (d) and paragraph (n) of this subdivision] made
     3  pursuant to section 6-154 of the election law.
     4    m. If a candidate, after a petition in his behalf shall have been duly
     5  filed  with [the clerk of] the board of elections, and prior to the date
     6  of the election, shall decline to accept  the  nomination,  die,  remove
     7  from  the school district, accept [or be a candidate for] another [elec-
     8  tive] office, or become otherwise  disqualified  for  such  city  school
     9  district office, [a further petition may be filed with such clerk, nomi-
    10  nating  another  candidate in his place and stead. Such further petition
    11  shall in all respects comply with the provisions of paragraphs d, f  and
    12  h of this subdivision, except that it may be filed at any time up to and
    13  including  the fifteenth day preceding the date of the election pursuant
    14  to the provisions of this subdivision  and  the  time  within  which  to
    15  accept  or  object  to  such further petition shall be computed from the
    16  date of filing or said fifteenth day, whichever is earlier] such vacancy
    17  shall be filled by the committee on vacancies pursuant to  the  election
    18  law.
    19    o.   The members so elected to the board of education shall convene on
    20  the first business day in [July] January of each year, at  the  time  of
    21  the commencement of their term of office and select from their members a
    22  president who shall serve for a term of one year or such other term, not
    23  exceeding the term of his office, as may be fixed by the rules and regu-
    24  lations of the board.
    25    p.    The  election of members of the board of education of the school
    26  district of the city of Buffalo shall take place on [May seventh,  nine-
    27  teen  hundred  seventy-four  and  on]  the first Tuesday after the first
    28  Monday in [May thereafter] November in each year in which an incumbent's
    29  term expires.   Such  election  shall  be  conducted  by  the  board  of
    30  elections  of  the  county of Erie in the same manner as other elections
    31  are conducted by it.   [Polls shall be open for  voting  for  the  hours
    32  prescribed  by section 8-100 of the election law for primary elections.]
    33  The results of such elections, after canvassing, shall be certified  and
    34  reported  by  the  board  of elections to the board of education of such
    35  city.  The clerk or other appropriate officer of the board of  education
    36  shall  within  twenty-four  hours after receipt of such certification by
    37  the board of elections serve a written notice either  personally  or  by
    38  mail upon each person declared to be elected as a member of the board of
    39  education informing him of his election and the length of his term.
    40    §  3.  Notwithstanding  any inconsistent provision of law, the term of
    41  every member of the board of education of the city  school  district  of
    42  Buffalo  is  hereby extended from June thirtieth of the year in which it
    43  is scheduled to expire to December thirty-first of such year.  Terms  of
    44  such members elected after this act becomes law shall begin on the first
    45  day  of  January  and end on the last day of December of the appropriate
    46  year.
    47    § 4. This act shall take effect immediately.
Go to top