Bill Text: NY A04955 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that a school district vote on a bond resolution shall take place on the third Tuesday in May in conjunction with the school budget vote; provides that such bond resolution vote may only be resubmitted to the voters of the school district one time subsequent to such vote.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A04955 Detail]

Download: New_York-2019-A04955-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3429                                                  A. 4955
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 6, 2019
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Education
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Education
        AN ACT to amend the education law,  in  relation  to  providing  that  a
          school  bond  resolution vote shall take place in conjunction with the
          school budget vote
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.   The section heading and subdivision 1 of section 2022 of
     2  the education law, as amended by section 7 of part A of  chapter  97  of
     3  the laws of 2011, are amended and a new subdivision 1-a is added to read
     4  as follows:
     5    Vote  on  school  district  budgets,  on  bond  resolutions and on the
     6  election of school district trustees and board of education members.  1.
     7  Notwithstanding  any  law,  rule  or  regulation  to  the  contrary, the
     8  election of trustees or members of the board  of  education,  [and]  the
     9  vote upon the appropriation of the necessary funds to meet the estimated
    10  expenditures,  and  the  vote  upon  a bond resolution, except where the
    11  board shall by unanimous vote declare that an emergency exists  and  the
    12  commissioner  determines that the best interests of the district require
    13  that the vote on the bond resolution be held on a different date, in any
    14  common school district,  union  free  school  district,  central  school
    15  district  or  central  high  school district shall be held at the annual
    16  meeting and election on the third Tuesday  in  May,  provided,  however,
    17  that  such  election  shall  be held on the second Tuesday in May if the
    18  commissioner at the request of a local school board certifies  no  later
    19  than March first that such election would conflict with religious obser-
    20  vances.  The  sole  trustee,  board of trustees or board of education of
    21  every common, union free, central or central high  school  district  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03172-01-9
        S. 3429                             2                            A. 4955
     1  every  city  school  district to which this article applies shall hold a
     2  budget hearing not less than seven nor more than fourteen days prior  to
     3  the  annual  meeting and election or special district meeting at which a
     4  school  budget  vote  will  occur,  and shall prepare and present to the
     5  voters at such budget hearing a proposed school district budget for  the
     6  ensuing school year.
     7    1-a.  Any  bond  resolution  voted upon pursuant to subdivision one of
     8  this section may only  be  resubmitted  to  the  voters  of  the  school
     9  district one time subsequent to such vote.
    10    §  2.  The  section  heading  and subdivision 1 of section 2022 of the
    11  education law, the section heading as amended by section 23 of part A of
    12  chapter 436 of the laws of 1997 and subdivision 1 as amended by  section
    13  8  of  part  C  of chapter 58 of the laws of 1998, are amended and a new
    14  subdivision 1-a is added to read as follows:
    15    Vote on school district  budgets,  on  bond  resolutions  and  on  the
    16  election of school district trustees and board of education members.  1.
    17  Notwithstanding  any  law,  rule  or  regulation  to  the  contrary, the
    18  election of trustees or members of the board  of  education,  [and]  the
    19  vote upon the appropriation of the necessary funds to meet the estimated
    20  expenditures,  and  the  vote  upon  a bond resolution, except where the
    21  board shall by unanimous vote declare that an emergency exists  and  the
    22  commissioner  determines that the best interests of the district require
    23  that the vote on the bond resolution be held on a different date, in any
    24  common school district,  union  free  school  district,  central  school
    25  district  or  central  high  school district shall be held at the annual
    26  meeting and election on the third Tuesday  in  May,  provided,  however,
    27  that  such  election  shall  be held on the second Tuesday in May if the
    28  commissioner at the request of a local school board certifies  no  later
    29  than March first that such election would conflict with religious obser-
    30  vances.  When  such  election or vote is taken by recording the ayes and
    31  noes of the qualified voters attending,  a  majority  of  the  qualified
    32  voters  present  and  voting,  by a hand or voice vote, may determine to
    33  take up the question of voting the necessary funds to meet the estimated
    34  expenditures for a specific item separately, and  the  qualified  voters
    35  present and voting may increase the amount of any estimated expenditures
    36  or  reduce  the  same,  except  for teachers' salaries, and the ordinary
    37  contingent expenses of the schools. The sole trustee, board of  trustees
    38  or  board  of  education of every common, union free, central or central
    39  high school district and every city school district to which this  arti-
    40  cle  applies  shall  hold  a budget hearing not less than seven nor more
    41  than fourteen days prior to the annual meeting and election  or  special
    42  district  meeting  at  which  a school budget vote will occur, and shall
    43  prepare and present to the voters at  such  budget  hearing  a  proposed
    44  school district budget for the ensuing school year.
    45    1-a.  Any  bond  resolution  voted upon pursuant to subdivision one of
    46  this section may only  be  resubmitted  to  the  voters  of  the  school
    47  district one time subsequent to such vote.
    48    §  3. This act shall take effect on the first of January next succeed-
    49  ing the date on which it shall have become  a  law;  provided  that  the
    50  amendments  to  section 2022 of the education law made by section one of
    51  this act shall be subject  to  the  expiration  and  reversion  of  such
    52  section  pursuant  to  section 13 of part A of chapter 97 of the laws of
    53  2011, as amended, when upon such date the provisions of section  two  of
    54  this act shall take effect.