Bill Text: NY A08332 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the approval or authorization of school bonds, school taxes, and school budgets for city school districts in cities having a population of less than one hundred twenty-five thousand inhabitants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-06 - enacting clause stricken [A08332 Detail]
Download: New_York-2017-A08332-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8332 2017-2018 Regular Sessions IN ASSEMBLY June 8, 2017 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to the approval or authorization of school bonds, school taxes, and school budgets for city school districts in cities having a population of less than one hundred twenty-five thousand inhabitants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 416 of the education law is renum- 2 bered subdivision 8 and a new subdivision 7 is added to read as follows: 3 7. (a) The provisions of this section shall not apply to the approval 4 or authorization of school bonds, school taxes and school budgets for 5 city school districts in cities having a population of less than one 6 hundred twenty-five thousand inhabitants. The approval or authorization 7 of school bonds, school taxes, and school budgets in city school 8 districts having a population of less than one hundred twenty-five thou- 9 sand inhabitants shall be conducted at a general or special election by 10 the board of elections of the county in which the school district is 11 located. The school district in the county in which the school district 12 is located, in consultation with the board of elections, shall determine 13 the date of any such election; provided, however, that the date of such 14 election shall not be set for any day after the general election until 15 March first of the following year. The school district, in consultation 16 with the board of elections, may set the date for any such election 17 outside of such period. If a city school district is located within 18 more than one county, the election shall be conducted by the respective 19 boards of elections. Polling sites for such elections shall be deter- 20 mined by the school district. 21 (b) Such elections shall be conducted in accordance with the 22 provisions of the election law, at the expense of the school district, 23 and under the administration of the board of elections in the county in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08414-05-7A. 8332 2 1 which the school district is located in the same manner as other 2 elections conducted by such board of elections. The results of such 3 elections, after canvassing, shall be certified and reported by the 4 board of elections to the board of education of such city. 5 § 2. Section 2529 of the education law, as added by chapter 762 of the 6 laws of 1950, is amended to read as follows: 7 § 2529. Tax election. 1. The board of education may call a special 8 election in the manner provided in article fifty-three of this chapter 9 and submit to the qualified voters of the school district a proposition 10 to expend a sum of money in excess of twenty-five thousand dollars for 11 an addition to, or change of site, or purchase of a new site or struc- 12 ture, or for grading or improving a school site, or for the purchase of 13 lands and buildings for agricultural, athletic, playground or social 14 center purposes, or for building any new school, or for the erection of 15 an addition to any school, or for the reconstruction or repair of any 16 school. Such expenditures, when made pursuant to this section, shall be 17 made only during the fiscal year for which a tax is to be levied. The 18 provisions of article fifty-three shall apply to such elections. 19 2. (a) The provisions of this section shall not apply to the approval 20 or authorization of school bonds, school taxes and school budgets for 21 city school districts in cities having a population of less than one 22 hundred twenty-five thousand inhabitants. The approval or authorization 23 of school bonds, school taxes, and school budgets in city school 24 districts having a population of less than one hundred twenty-five thou- 25 sand inhabitants shall be conducted at a general or special election by 26 the board of elections of the county in which the school district is 27 located. The school district in the county in which the school district 28 is located, in consultation with the board of elections, shall determine 29 the date of any such election; provided, however, that the date of such 30 election shall not be set for any day after the general election until 31 March first of the following year. The school district, in consultation 32 with the board of elections, may set the date for any such election 33 outside of such period. If a city school district is located within 34 more than one county, the election shall be conducted by the respective 35 boards of elections. Polling sites for such elections shall be deter- 36 mined by the school district. 37 (b) Such elections shall be conducted in accordance with the 38 provisions of the election law, at the expense of the school district, 39 and under the administration of the board of elections in the county in 40 which the school district is located in the same manner as other 41 elections conducted by such board of elections. The results of such 42 elections, after canvassing, shall be certified and reported by the 43 board of elections to the board of education of such city. 44 § 3. Section 2530 of the education law, as amended by chapter 171 of 45 the laws of 1996, is amended to read as follows: 46 § 2530. Power to contract indebtedness. 1. Each city school district 47 shall be authorized to expend money for any of the objects or purposes 48 which it is authorized to accomplish by law and may contract indebt- 49 edness in its name pursuant to the local finance law. The provisions of 50 section four hundred sixteen of this chapter shall be applicable to such 51 districts. 52 2. (a) The provisions of this section shall not apply to the approval 53 or authorization of school bonds, school taxes and school budgets for 54 city school districts in cities having a population of less than one 55 hundred twenty-five thousand inhabitants. The approval or authorization 56 of school bonds, school taxes, and school budgets in city schoolA. 8332 3 1 districts having a population of less than one hundred twenty-five thou- 2 sand inhabitants shall be conducted at a general or special election by 3 the board of elections of the county in which the school district is 4 located. The school district in the county in which the school district 5 is located, in consultation with the board of elections, shall determine 6 the date of any such election; provided, however, that the date of such 7 election shall not be set for any day after the general election until 8 March first of the following year. The school district, in consultation 9 with the board of elections, may set the date for any such election 10 outside of such period. If a city school district is located within 11 more than one county, the election shall be conducted by the respective 12 boards of elections. Polling sites for such elections shall be deter- 13 mined by the school district. 14 (b) Such elections shall be conducted in accordance with the 15 provisions of the election law, at the expense of the school district, 16 and under the administration of the board of elections in the county in 17 which the school district is located in the same manner as other 18 elections conducted by such board of elections. The results of such 19 elections, after canvassing, shall be certified and reported by the 20 board of elections to the board of education of such city. 21 § 4. Subdivisions 2 and 4 of section 2601-a of the education law, as 22 amended by section 9 of part A of chapter 97 of the laws of 2011, are 23 amended to read as follows: 24 2. [The board of education shall conduct all] (a) All annual and 25 special school district meetings for the purpose of adopting a school 26 district budget shall be conducted in the same manner as a union free 27 school district in accordance with the provisions of article forty-one 28 of this title, except as otherwise provided by this section. The annual 29 meeting and election of each such city school district shall be held on 30 the third Tuesday of May in each year, provided, however that such annu- 31 al meeting and election shall be held on the second Tuesday in May if 32 the commissioner at the request of a local school board certifies no 33 later than March first that such election would conflict with religious 34 observances, and any school budget revote shall be held on the date and 35 in the same manner specified in subdivision three of section two thou- 36 sand seven of this title. The provisions of this article, and where 37 applicable subdivisions nine and nine-a of section twenty-five hundred 38 two of this title, governing the qualification and registration of 39 voters, and procedures for the nomination and election of members of the 40 board of education shall continue to apply, and shall govern the quali- 41 fication and registration of voters and voting procedures with respect 42 to the adoption of a school district budget. All such elections shall 43 be conducted at a general or special election by the board of elections 44 of the county in which the school district is located. If a city school 45 district is located within more than one county, the election shall be 46 conducted by the respective boards of elections. Polling sites for such 47 elections shall be determined by the school district. 48 (b) Such elections shall be conducted in accordance with the 49 provisions of election law, at the expense of the school district, and 50 under the administration of the board of elections in the county in 51 which the school district is located in the same manner as other 52 elections conducted by such board of elections. The results of such 53 elections, after canvassing, shall be certified and reported by the 54 board of elections to the board of education of such city. 55 4. The budget adoption process shall conform to the requirements set 56 forth in section two thousand twenty-three-a of this title. In the eventA. 8332 4 1 the qualified voters of the district reject the budget proposed pursuant 2 to subdivision three of this section, the board may propose to the 3 voters a revised budget pursuant to subdivision three of section two 4 thousand seven of this title [or may adopt a contingency budget pursuant5to subdivision five of this section and subdivision five of section two6thousand twenty-two of this title]. Any such elections shall be held on 7 the date of the fall primary pursuant to section 8-100 of the election 8 law and shall be conducted by the board of elections of the county in 9 which the school district is located in accordance with the provisions 10 of subdivision two of this section. In the event the qualified voters 11 reject the resubmitted budget, the board of elections of the county in 12 which the school district is located shall conduct a third election to 13 be held on the date of the general primary pursuant to section 8-100 of 14 the election law, notwithstanding any law, rule or regulation to the 15 contrary. Such elections shall be conducted in accordance with the 16 provisions of subdivision two of this section. The school district budg- 17 et for any school year, or any part of such budget or any propositions 18 involving the expenditure of money for such school year shall not be 19 submitted for a vote of the qualified voters more than [twice] three 20 times. In the event the qualified voters reject the resubmitted budget, 21 the board shall adopt a contingency budget in accordance with subdivi- 22 sion five of this section and subdivision five of such section two thou- 23 sand twenty-two of this title. 24 § 5. Subdivisions 2 and 4 of section 2601-a of the education law, 25 subdivision 2 as amended by section 6 and subdivision 4 as amended by 26 section 8 of part M of chapter 57 of the laws of 2005, are amended to 27 read as follows: 28 2. [The board of education shall conduct all] (a) All annual and 29 special school district meetings for the purpose of adopting a school 30 district budget shall be conducted in the same manner as a union free 31 school district in accordance with the provisions of article forty-one 32 of this title, except as otherwise provided by this section. The annual 33 meeting and election of each such city school district shall be held on 34 the third Tuesday of May in each year, provided, however that such annu- 35 al meeting and election shall be held on the second Tuesday in May if 36 the commissioner at the request of a local school board certifies no 37 later than March first that such election would conflict with religious 38 observances, and any school budget revote shall be held on the date and 39 in the same manner specified in subdivision three of section two thou- 40 sand seven of this title. The provisions of this article, and where 41 applicable subdivisions nine and nine-a of section twenty-five hundred 42 two of this title, governing the qualification and registration of 43 voters, and procedures for the nomination and election of members of the 44 board of education shall continue to apply, and shall govern the quali- 45 fication and registration of voters and voting procedures with respect 46 to the adoption of a school district budget. All such elections shall 47 be conducted at a general or special election by the board of elections 48 of the county in which the school district is located. If a city school 49 district is located within more than one county, the election shall be 50 conducted by the respective boards of elections. Polling sites for such 51 elections shall be determined by the school district. 52 (b) Such elections shall be conducted in accordance with the 53 provisions of the election law, at the expense of the school district, 54 and under the administration of the board of elections in the county in 55 which the school district is located in the same manner as other 56 elections conducted by such board of elections. The results of suchA. 8332 5 1 elections, after canvassing, shall be certified and reported by the 2 board of elections to the board of education of such city. 3 4. In the event the qualified voters of the district reject the budget 4 proposed pursuant to subdivision three of this section, the board may 5 propose to the voters a revised budget pursuant to subdivision three of 6 section two thousand seven of this title [or may adopt a contingency7budget pursuant to subdivision five of this section and subdivision five8of section two thousand twenty-two of this title]. Any such elections 9 shall be held on the date of the fall primary pursuant to section 8-100 10 of the election law and shall be conducted by the board of elections of 11 the county in which the school district is located in accordance with 12 the provisions of subdivision two of this section. In the event the 13 qualified voters reject the resubmitted budget, the board of elections 14 of the county in which the school district is located shall conduct a 15 third election to be held on the date of the general primary pursuant to 16 section 8-100 of the election law, notwithstanding any law, rule or 17 regulation to the contrary. Such elections shall be conducted in accord- 18 ance with the provisions of subdivision two of this section. The school 19 district budget for any school year, or any part of such budget or any 20 propositions involving the expenditure of money for such school year 21 shall not be submitted for a vote of the qualified voters more than 22 [twice] three times. In the event the qualified voters reject the 23 resubmitted budget, the board shall adopt a contingency budget in 24 accordance with subdivision five of this section and subdivision five of 25 such section two thousand twenty-two of this title. 26 § 6. This act shall take effect January 31, 2018 and shall apply to 27 all elections relating to the approval or authorization of school bonds, 28 school taxes, and school budgets for city school districts in cities 29 having a population of less than one hundred twenty-five thousand inhab- 30 itants held on and after such effective date; provided, however that the 31 amendments to subdivisions 2 and 4 of section 2601-a of the education 32 law made by section four of this act shall be subject to the expiration 33 and reversion of such section pursuant to section 13 of part A of chap- 34 ter 11 of the laws of 1997, as amended, when upon such date, the 35 provisions of section five of this act shall take effect.
