Bill Text: NY A09040 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to the elections of members to the board of education of the city school district of the city of Albany.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-24 - signed chap.236 [A09040 Detail]

Download: New_York-2017-A09040-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 7432--A                                            A. 9040--A
                SENATE - ASSEMBLY
                                    January 18, 2018
                                       ___________
        IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
          ed,  and when printed to be committed to the Committee on Education --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        IN  ASSEMBLY  --  Introduced by M. of A. FAHY, McDONALD -- read once and
          referred to the Committee on Education -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the education law,  in  relation  to  the  elections  of
          members  to  the board of education of the city school district of the
          city of Albany; and to repeal subdivision 9 of  section  2502  of  the
          education law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 9 of section  2502  of  the  education  law  is
     2  REPEALED.
     3    §  2.  Section 2601 of the education law, as amended by chapter 171 of
     4  the laws of 1996, is amended to read as follows:
     5    § 2601. Application of article. This article shall apply to each  city
     6  school  district  of  a city which has less than one hundred twenty-five
     7  thousand inhabitants, according to the latest federal census, except  as
     8  otherwise  provided  in section twenty-six hundred one-a of this chapter
     9  and except as otherwise provided by  subdivision  [nine  or]  nine-a  of
    10  section twenty-five hundred two of this chapter.
    11    §  3. Subdivision 2 of section 2601-a of the education law, as amended
    12  by section 9 of part A of chapter 97 of the laws of 2011, is amended  to
    13  read as follows:
    14    2.  The board of education shall conduct all annual and special school
    15  district meetings for the purpose of adopting a school  district  budget
    16  in  the  same  manner as a union free school district in accordance with
    17  the provisions of article forty-one of this title, except  as  otherwise
    18  provided  by  this section. The annual meeting and election of each such
    19  city school district shall be held on the third Tuesday of May  in  each
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14188-02-8

        S. 7432--A                          2                         A. 9040--A
     1  year,  provided,  however that such annual meeting and election shall be
     2  held on the second Tuesday in May if the commissioner at the request  of
     3  a  local  school  board  certifies  no  later than March first that such
     4  election would conflict with religious observances, and any school budg-
     5  et  revote shall be held on the date and in the same manner specified in
     6  subdivision three of section two  thousand  seven  of  this  title.  The
     7  provisions of this article, and where applicable [subdivisions nine and]
     8  subdivision  nine-a  of  section  twenty-five hundred two of this title,
     9  governing the qualification and registration of voters,  and  procedures
    10  for  the  nomination  and  election of members of the board of education
    11  shall continue to apply, and shall govern the qualification  and  regis-
    12  tration  of voters and voting procedures with respect to the adoption of
    13  a school district budget.
    14    § 4. Subdivision 2 of section 2601-a of the education law, as  amended
    15  by  section 6 of part M of chapter 57 of the laws of 2005, is amended to
    16  read as follows:
    17    2. The board of education shall conduct all annual and special  school
    18  district  meetings  for the purpose of adopting a school district budget
    19  in the same manner as a union free school district  in  accordance  with
    20  the  provisions  of article forty-one of this title, except as otherwise
    21  provided by this section. The annual meeting and election of  each  such
    22  city  school  district shall be held on the third Tuesday of May in each
    23  year, provided, however that such annual meeting and election  shall  be
    24  held  on the second Tuesday in May if the commissioner at the request of
    25  a local school board certifies no  later  than  March  first  that  such
    26  election would conflict with religious observances, and any school budg-
    27  et  revote shall be held on the date and in the same manner specified in
    28  subdivision three of section two  thousand  seven  of  this  title.  The
    29  provisions of this article, and where applicable [subdivisions nine and]
    30  subdivision  nine-a  of  section  twenty-five hundred two of this title,
    31  governing the qualification and registration of voters,  and  procedures
    32  for  the  nomination  and  election of members of the board of education
    33  shall continue to apply, and shall govern the qualification  and  regis-
    34  tration  of voters and voting procedures with respect to the adoption of
    35  a school district budget.
    36    § 5. This act shall take effect immediately;  provided,  however,  the
    37  amendments  to subdivision 2 of section 2601-a of the education law made
    38  by section three of this act shall be  subject  to  the  expiration  and
    39  reversion of such section pursuant to section 13 of part A of chapter 97
    40  of  the  laws of 2011, as amended, when upon such date the provisions of
    41  section four of this act shall take effect.
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