S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10507

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to use  of  lever  voting
  machines  and  school  session  days  and  providing for the repeal of
  certain provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  5 of section 1803 of the education law, as
amended by chapter 461 of the laws  of  1996,  is  amended  to  read  as
follows:
  5.  Votes  upon the adoption of a resolution shall be cast in the same
manner as votes for  the  election  of  school  district  trustees.  The
commissioner  of education may order such modifications in the manner of
voting as are customary for school district elections in  the  community
affected  by such vote. Such modifications may include the use of voting
machines, AS PROVIDED IN SUBDIVISION ONE OF SECTION TWO  THOUSAND  THIR-
TY-FIVE  OF  THIS CHAPTER, and shall include the use of absentee ballots
as provided under section two thousand eighteen-a or two thousand  eigh-
teen-b of this chapter, whichever shall apply.
  S  2.   Subdivision 8 of section 1803-a of the education law, as added
by chapter 236 of the laws of 1979, is amended to read as follows:
  8. The commissioner of education may order such modifications  in  the
manner  of  voting  on  the  resolution  described in subdivision two of
section eighteen hundred three of this [chapter]  ARTICLE  and  for  the
election described in subdivision seven of this section as are customary
in  school  district  elections  in the community affected by such vote.
Such modifications may include the use of voting machines,  AS  PROVIDED
IN  SUBDIVISION ONE OF SECTION TWO THOUSAND THIRTY-FIVE OF THIS CHAPTER,
and the use of nominating petitions.
  S 3. Paragraph g of subdivision 2 of section  1951  of  the  education
law,  as  added  by  chapter 795 of the laws of 1967 and such section as
renumbered by chapter 378 of the laws of 1972, is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09411-04-0
              

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  g.  If  the  board of cooperative educational services shall so deter-
mine, voting machines, INCLUDING LEVER VOTING MACHINES, may be used  for
recording  the vote at such meeting.  Before any such machine is used at
any such meeting, the inspectors of election shall examine  it  and  see
that  all  the counters are set at zero (000) and that the ballot labels
are properly placed, and that the machine is in all respects  in  proper
condition  for use. The use of such machine shall be deemed a compliance
with any provision of law requiring the vote to be by ballot. The  board
of  cooperative  educational  services may purchase the necessary voting
machine or machines; or if the county board of elections  shall  consent
thereto,  such machines belonging to the county or belonging to the town
in which any part of said  board  of  cooperative  educational  services
shall  be located may be used at any such meeting, the expense of deliv-
ery and returning and setting up, and any other expense connected there-
with shall be defrayed by the board of cooperative educational services;
but such machines belonging to the county shall not be so  used  at  the
time or times when they may be required under the election law.  NOTHING
IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE BOARD OF ELECTIONS
TO MAINTAIN THE CARE, CUSTODY OR CONTROL OF LEVER VOTING MACHINES.
  S  4.   Subdivision 1 of section 2035 of the education law, as amended
by chapter 571 of the laws of 1958, is amended to read as follows:
  1. If the trustees or board of education of any school district  shall
so  determine,  voting machines, INCLUDING LEVER VOTING MACHINES, may be
used for recording the vote on elections and questions,  or  either,  at
the  school  district  meetings  or  elections,  annual  and special, or
either, in such district.  Before any such machine is used at  any  such
meeting or election, the inspectors of election shall examine it and see
that  all  the counters are set at zero (000) and that the ballot labels
are properly placed, and that the machine is in all respects  in  proper
condition for use.  The use of such machine shall be deemed a compliance
with any provision of law requiring the vote to be by ballot. Such trus-
tees  or board of education, with district funds available, may purchase
the necessary voting machine or machines; or, if  the  county  board  of
elections  shall  consent thereto, such machines belonging to the county
or belonging to the town in which any part of said school district shall
be located, may be used at any such meeting, the expense of delivery and
returning and setting up, and any other expense connected therewith,  to
be  defrayed  by the school district; but such machines belonging to the
county shall not be so used at the  time  or  times  when  they  may  be
required  under  the election law.  NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO REQUIRE THE BOARD OF ELECTIONS TO MAINTAIN THE CARE, CUSTO-
DY OR CONTROL OF LEVER VOTING MACHINES.
  S 5. Paragraph l of subdivision 9 of section  2502  of  the  education
law,  as  added by chapter 65 of the laws of 1972, is amended to read as
follows:
  l. Voting for the election of members of such board of education shall
be by voting machine, AS PROVIDED IN  SUBDIVISION  ONE  OF  SECTION  TWO
THOUSAND  THIRTY-FIVE  OF  THIS  CHAPTER,  and  shall be governed by the
applicable provisions  of  the  election  law  with  respect  to  voting
machines.
  S  6.  Paragraph l of subdivision 9-a of section 2502 of the education
law, as amended by chapter 36 of the laws of 1990, is amended to read as
follows:
  l. Voting for the election of members of such board of education shall
be by voting machine, AS PROVIDED IN  SUBDIVISION  ONE  OF  SECTION  TWO
THOUSAND  THIRTY-FIVE  OF  THIS  CHAPTER,  and  shall be governed by the

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applicable provisions  of  the  election  law  with  respect  to  voting
machines;  provided, however, that a single polling place, at a location
within the school district of the city of Rensselaer  specified  by  the
board of education not later than thirty days prior to the annual school
election, shall be utilized.
  S  7.  Paragraph  l of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  l. Voting for the election of members of such board of education shall
be  by  voting  machine,  AS  PROVIDED IN SUBDIVISION ONE OF SECTION TWO
THOUSAND THIRTY-FIVE OF THIS CHAPTER,  and  shall  be  governed  by  the
applicable  provisions  of  the  election  law  with  respect  to voting
machines.
  S 8.  Subdivision 8 of section 3604 of the education law,  as  amended
by section 46 of part H of chapter 83 of the laws of 2002, is amended to
read as follows:
  8.  No  school  shall  be in session on a Saturday or a legal holiday,
except [general  election  day,]  Washington's  birthday  and  Lincoln's
birthday, and except that driver education classes may be conducted on a
Saturday.  A  deficiency not exceeding three days during any school year
caused by teachers' attendance upon conferences held by  superintendents
of  schools of city school districts or other school districts employing
superintendents  of  schools  shall  be  excused  by  the  commissioner,
provided  however,  notwithstanding  any  other  provision  of law, that
during the nineteen hundred  ninety-two--ninety-three  through  the  two
thousand  two--two  thousand  three  school  years  and  thereafter, the
commissioner shall excuse a deficiency not exceeding  four  days  during
such school year caused by teachers' attendance upon conferences held by
such  superintendents,  provided  that at least two such conference days
during such school year shall be  dedicated  to  staff  attendance  upon
conferences  providing  staff  development relating to implementation of
the new high learning standards and assessments, as adopted by the board
of regents. Notwithstanding any other provision of law,  rule  or  regu-
lation to the contrary, school districts may elect to use one or more of
such  allowable  conference days in units of not less than one hour each
to provide staff development activities relating  to  implementation  of
the  new high learning standards and assessments. A district making such
election may provide such staff development during the regularly  sched-
uled  daily  session and apply such units to satisfy a deficiency in the
length of one or more daily sessions of instruction for pupils as speci-
fied in regulations of the commissioner. The commissioner  shall  assure
that such conference days include appropriate school violence prevention
and  intervention  training, and may require that up to one such confer-
ence day be dedicated for such purpose.
  S 9. This act shall take effect immediately; provided,  that  sections
one through seven of this act shall expire and be deemed repealed Decem-
ber 31, 2012.