S T A T E   O F   N E W   Y O R K
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                                  5153

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to public hearings in the
  school district budget process

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

  Section  1. Subdivisions 1 and 2 of section 1608 of the education law,
subdivision 1 as amended by section 5 of part A of chapter  436  of  the
laws  of 1997 and subdivision 2 as amended by chapter 640 of the laws of
2008, are amended to read as follows:
  1. It shall be the duty of the trustees of each common school district
to [present at the] CONDUCT AN annual  budget  hearing  TO  FORMULATE  a
detailed  statement  in  writing  of  the  amount of money which will be
required for the  ensuing  year  for  school  purposes,  specifying  the
several  purposes  and  the amount for each. The amount for each purpose
estimated necessary for payments to boards  of  cooperative  educational
services  shall  be  shown in full, with no deduction of estimated state
aid. The amount of state aid provided and its percentage relationship to
the total expenditures shall also be shown. [This section shall  not  be
construed  to  prevent  the trustees from presenting such statement at a
budget hearing held not less than seven  nor  more  than  fourteen  days
prior to a special meeting called for the purpose, nor from presenting a
supplementary and amended statement or estimate at any time.]
  2.  Such  statement  shall  be  completed at least seven days [before]
AFTER the budget hearing [at which it is to  be  presented]  and  copies
thereof  shall  be  prepared and made available, upon request and at the
school district offices, at  any  public  library  or  free  association
library  within  the  district  and  on  the  school district's internet
website, if one exists, to residents  within  the  district  during  the
period  of  fourteen  days  immediately [preceding] FOLLOWING the annual
meeting and PRECEDING THE election or special district meeting at  which

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11577-01-9
              

S. 5153                             2

the  budget  vote  will occur and at such [meeting or hearing] ELECTION.
The board shall also as a part of the notice  required  by  section  two
thousand  three  of this chapter give notice of the date, time and place
of  the  budget  hearing  [and  that  a]. A copy of [such statement] THE
PROPOSED BUDGET may be obtained by any resident in the district at  each
schoolhouse in the district in which school is maintained during certain
designated  hours  on  each day other than a Saturday, Sunday or holiday
during the fourteen days immediately [preceding] FOLLOWING such meeting.
The board shall include notice of the availability of such statement  at
least  once during the school year in any district-wide mailing distrib-
uted.
  S 2. Subdivisions 1 and 2 of section 1716 of the education law, subdi-
vision 1 as amended by section 7 of part A of chapter 436 of the laws of
1997 and subdivision 2 as amended by chapter 640 of the  laws  of  2008,
are amended to read as follows:
  1.  It shall be the duty of the board of education of each district to
[present at the]  CONDUCT  AN  annual  budget  hearing  TO  FORMULATE  a
detailed  statement  in  writing  of  the  amount of money which will be
required for the  ensuing  year  for  school  purposes,  specifying  the
several  purposes  and  the amount for each. The amount for each purpose
estimated necessary for payments to boards  of  cooperative  educational
services  shall  be  shown in full, with no deduction of estimated state
aid. The amount of state aid provided and its percentage relationship to
the total expenditures shall also be shown. [This section shall  not  be
construed to prevent the board from presenting such statement at a budg-
et hearing held not less than seven nor more than fourteen days prior to
a  special meeting called for the purpose, nor from presenting a supple-
mentary and amended statement or estimate at any time.]
  2. Such statement shall be completed  at  least  seven  days  [before]
AFTER  the  budget  hearing  [at which it is to be presented] and copies
thereof shall be prepared and made available, upon request  and  at  the
school  district  offices,  at  any  public  library or free association
library within the  district  and  on  the  school  district's  internet
website,  if  one  exists,  to  residents within the district during the
period of fourteen days immediately  [preceding]  FOLLOWING  the  annual
meeting  and PRECEDING THE election or special district meeting at which
the budget vote will occur and at such [meeting  or  hearing]  ELECTION.
The  board  shall  also  as a part of the notice required by section two
thousand four of this chapter give notice of the date, time and place of
the budget hearing [and that  a].  A  copy  of  such  statement  may  be
obtained  by  any  resident  in  the district at each schoolhouse in the
district in which school is maintained during certain  designated  hours
on each day other than a Saturday, Sunday or holiday during the fourteen
days  immediately  [preceding]  FOLLOWING  such meeting. The board shall
include notice of the availability  of  such  statement  at  least  once
during the school year in any district-wide mailing distributed.
  S 3. This act shall take effect immediately.