Bill Text: NY S04805 | 2013-2014 | General Assembly | Introduced


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 (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO EDUCATION [S04805 Detail]

Download: New_York-2013-S04805-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4805                                                  A. 6911
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    April 24, 2013
                                      ___________
       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, in any common school
   11  district, union free school district, central school district or central
   12  high school district shall be held at the annual meeting and election on
   13  the third Tuesday in May, provided, however, that such election shall be
   14  held on the second Tuesday in May if the commissioner at the request  of
   15  a  local  school  board  certifies  no  later than March first that such
   16  election would conflict with religious observances.  The  sole  trustee,
   17  board  of  trustees  or  board of education of every common, union free,
   18  central or central high school district and every city  school  district
   19  to  which this article applies shall hold a budget hearing not less than
   20  seven nor more than fourteen  days  prior  to  the  annual  meeting  and
   21  election  or special district meeting at which a school budget vote will
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10506-01-3
       S. 4805                             2                            A. 6911
    1  occur, and shall prepare and present to the voters at such budget  hear-
    2  ing a proposed school district budget for the ensuing school year.
    3    1-A.  ANY  BOND  RESOLUTION  VOTED UPON PURSUANT TO SUBDIVISION ONE OF
    4  THIS SECTION MAY ONLY  BE  RESUBMITTED  TO  THE  VOTERS  OF  THE  SCHOOL
    5  DISTRICT ONE TIME SUBSEQUENT TO SUCH VOTE.
    6    S  2.  The  section  heading  and subdivision 1 of section 2022 of the
    7  education law, the section heading as amended by section 23 of part A of
    8  chapter 436 of the laws of 1997 and subdivision 1 as amended by  section
    9  8  of  part  C  of chapter 58 of the laws of 1998, are amended and a new
   10  subdivision 1-a is added to read as follows:
   11    Vote on school district  budgets,  ON  BOND  RESOLUTIONS  and  on  the
   12  election of school district trustees and board of education members.  1.
   13  Notwithstanding  any  law,  rule  or  regulation  to  the  contrary, the
   14  election of trustees or members of the board  of  education,  [and]  the
   15  vote upon the appropriation of the necessary funds to meet the estimated
   16  expenditures,  AND THE VOTE UPON A BOND RESOLUTION, in any common school
   17  district, union free school district, central school district or central
   18  high school district shall be held at the annual meeting and election on
   19  the third Tuesday in May, provided, however, that such election shall be
   20  held on the second Tuesday in May if the commissioner at the request  of
   21  a  local  school  board  certifies  no  later than March first that such
   22  election would conflict with religious observances. When  such  election
   23  or  vote is taken by recording the ayes and noes of the qualified voters
   24  attending, a majority of the qualified voters present and voting,  by  a
   25  hand  or voice vote, may determine to take up the question of voting the
   26  necessary funds to meet the estimated expenditures for a  specific  item
   27  separately, and the qualified voters present and voting may increase the
   28  amount  of  any  estimated  expenditures  or reduce the same, except for
   29  teachers' salaries, and the ordinary contingent expenses of the schools.
   30  The sole trustee, board of trustees  or  board  of  education  of  every
   31  common,  union  free,  central or central high school district and every
   32  city school district to which this article applies shall hold  a  budget
   33  hearing  not  less  than  seven nor more than fourteen days prior to the
   34  annual meeting and election or  special  district  meeting  at  which  a
   35  school  budget  vote  will  occur,  and shall prepare and present to the
   36  voters at such budget hearing a proposed school district budget for  the
   37  ensuing school year.
   38    1-A.  ANY  BOND  RESOLUTION  VOTED UPON PURSUANT TO SUBDIVISION ONE OF
   39  THIS SECTION MAY ONLY  BE  RESUBMITTED  TO  THE  VOTERS  OF  THE  SCHOOL
   40  DISTRICT ONE TIME SUBSEQUENT TO SUCH VOTE.
   41    S  3. This act shall take effect on the first of January next succeed-
   42  ing the date on which it shall have become  a  law;  provided  that  the
   43  amendments  to  section 2022 of the education law made by section one of
   44  this act shall be subject  to  the  expiration  and  reversion  of  such
   45  section  pursuant  to  section 13 of part A of chapter 97 of the laws of
   46  2011, as amended, when upon such date the provisions of section  two  of
   47  this act shall take effect.
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