senate Bill S2196

2011-2012 Legislative Session

Relates to votes on land acquisition and building construction propositions by BOCES districts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 18, 2011 referred to education

S2196 - Bill Details

See Assembly Version of this Bill:
A5351
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง1951, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S3035A, A8253

S2196 - Bill Texts

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Requires that voting on land acquisition and building construction propositions by BOCES districts shall be at the polling places equitably distributed within the BOCES district.

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BILL NUMBER:S2196

TITLE OF BILL:
An act
to amend the education law, in relation to votes on land acquisition and
building construction propositions by BOCES districts

PURPOSE:
To provide adequate opportunity for residents within a BOCES district
to vote on spending and property acquisition and sale propositions.

SUMMARY OF PROVISIONS:
Section one amends Education Law section 1951 (2)(a) and (q) to
provide that meetings and votes on land acquisition and building
construction propositions by BOCES districts must occur in polling
places, equitably distributed, within the affected board of
cooperative educational services district, where the travel distance
for any resident within the affected board of cooperative educational
services district shall be similar or approximately the same, with a
minimum of at least three polling places for board of cooperative
educational services districts in a county with a population of more
than 250,000 according to the latest federal census. Section one
further amends Education Law section 1951 (2)(a) to provide that
notice of such meeting shall also contain the location of each
polling place within the affected board of cooperative educational
services districts.

Section two sets forth the effective date.

EXISTING LAW:
Existing law requires a meeting and vote on questions of land
acquisition, the purchase or construction of buildings and the sale
of real property by the qualified voters of a BOCES district, but
leaves options to the BOCES board with respect to the number and
location of polling places for voters to cast ballots on these
questions.

JUSTIFICATION:
A February, 2009 borrowing proposal of$30.3 million by the Dutchess
County Board of Cooperative Educational Services has spotlighted a
deficiency in existing law with respect to the process by which
residents of BOCES districts are asked to approve certain proposals.
In this
particular case, the Dutchess BOCES scheduled the vote to be held at
one location within the county, which serves 13 school districts with
a combined population of approximately 180,000 voters. Clearly, this
was neither feasible nor fair to residents who chose to cast votes on
this proposition. It especially penalized voters who live far from
the polling site.

Requiring at least three polling places for BOCES districts in a
county with a population of more than 250,000 according to the latest
federal census, on questions of this magnitude grants reasonable
access to all voters choosing to vote on important, financial
propositions. In the Dutchess BOCES circumstance, it would have


required only three voting booths county-wide, but clearly would have
yielded a much better indicator of voter sentiment on the proposition.

LEGISLATIVE HISTORY:
2009-2010: S.3035A - Referred to Education

FISCAL IMPLICATIONS:
None to State.

LOCAL FISCAL IMPLICATIONS:
Possible small added cost to the BOCES district, depending on whether
a district already uses multiple polling places or only one for the
entire BOCES district.

EFFECTIVE DATE:
This act shall take effect on the 90th day after enactment.

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

                                  2196

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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 votes on land acquisi-
  tion and building construction propositions by BOCES districts

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

  Section  1. Paragraphs a and q of subdivision 2 of section 1951 of the
education law, paragraph a as amended by chapter  722  of  the  laws  of
2005,  paragraph  q as added by chapter 795 of the laws of 1967 and such
section as renumbered by chapter 378 of the laws of 1972, are amended to
read as follows:
  a. If the board of  cooperative  educational  services  determines  to
submit  a  proposition to authorize the purchase or acquisition of sites
or additions thereto and real property and to construct buildings there-
on and to purchase buildings and  construct  additions  thereto,  or  to
authorize  the sale of any real property the title to which is vested in
the board of cooperative educational services and buildings thereon  and
appurtenances  or any part thereof, or to authorize the exchange of real
property held by the board of cooperative educational services  for  the
purpose  of  improving or changing school sites, to the qualified voters
of the board of cooperative educational services, then the  board  shall
call  a meeting and submit to the qualified voters of the board of coop-
erative educational services such a proposition.  VOTES SHALL  OCCUR  IN
POLLING  PLACES,  EQUITABLY  DISTRIBUTED,  WITHIN  THE AFFECTED BOARD OF
COOPERATIVE EDUCATIONAL SERVICES DISTRICT, WHERE THE TRAVEL DISTANCE FOR
ANY RESIDENT  WITHIN  THE  AFFECTED  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  DISTRICT  SHALL  BE  SIMILAR OR APPROXIMATELY THE SAME, WITH A
MINIMUM OF AT LEAST THREE POLLING PLACES FOR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES DISTRICTS IN A COUNTY WITH A POPULATION OF MORE THAN TWO
HUNDRED FIFTY THOUSAND ACCORDING TO THE LATEST FEDERAL CENSUS. The board
shall cause a notice of such meeting to be given by public notice of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05596-01-1

S. 2196                             2

time and place of such meeting once in each week within the  four  weeks
next  preceding such meeting, the first publication to be at least twen-
ty-five days before said meeting, in two newspapers if  there  shall  be
two,  or  in  one  newspaper  if  there shall be but one, having general
circulation within the board of cooperative educational services, but if
no newspaper shall then  have  general  circulation  therein,  the  said
notice  shall  be posted in at least twenty of the most public places in
said board of cooperative educational services twenty-five  days  before
the  time  of such meeting. Such notice shall contain a statement of the
proposition or propositions to be submitted  at  such  meeting  AND  THE
LOCATION  OF EACH POLLING PLACE WITHIN THE AFFECTED BOARD OF COOPERATIVE
EDUCATIONAL SERVICES DISTRICTS.
  q. If the board shall so determine it may cause the board  of  cooper-
ative  educational  services  to  be  divided  into  election  districts
provided that in each such election district  the  number  of  qualified
voters shall at least equal seven hundred. If such resolution be adopted
it  shall divide the board of cooperative educational services into such
number of election districts as the board may determine,  provided  that
if  circumstances  will  permit  there  shall  be  a schoolhouse in each
election district or in as many such election districts as possible. The
election districts so formed shall continue in existence until  modified
by  resolution  of  the board. Such resolution shall accurately describe
the boundaries of each such district by street,  alley  and  highway  or
otherwise.  Meetings  of  the  voters of the board of cooperative educa-
tional services shall be held thereafter  in  such  election  districts.
VOTES  SHALL  OCCUR IN POLLING PLACES, EQUITABLY DISTRIBUTED, WITHIN THE
AFFECTED BOARD OF COOPERATIVE EDUCATIONAL SERVICES DISTRICT,  WHERE  THE
TRAVEL  DISTANCE  FOR  ANY RESIDENT WITHIN THE AFFECTED BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES DISTRICT SHALL BE  SIMILAR  OR  APPROXIMATELY
THE  SAME,  WITH A MINIMUM OF AT LEAST THREE POLLING PLACES FOR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES DISTRICTS IN A COUNTY WITH A POPULATION
OF MORE THAN TWO HUNDRED FIFTY THOUSAND ACCORDING TO THE LATEST  FEDERAL
CENSUS.  The  board  shall  designate  the  place  within  each election
district where the meetings shall be held. When the board of cooperative
educational services is divided into election districts, the board shall
cause the meeting to be held in each election district pursuant  to  the
provisions of this subdivision and shall appoint a chairman of the meet-
ing,  clerks  and  assistant  clerks  of  the  meeting and inspectors of
election for each election  district.  The  board  shall  designate  the
election  district in which the clerk of the board of cooperative educa-
tional services shall be present. Where the board of cooperative  educa-
tional services has been divided into election districts, the inspectors
of  election  shall  make a written report of the results of the ballot,
signed by all such inspectors, to the chief  inspector  of  election  of
each election district. The chief inspector of election of each election
district  shall  within  twenty-four hours file such written report with
the clerk of the board of cooperative educational services.   The  board
shall  thereupon  within  twenty-four  hours  tabulate  and  declare the
results of the ballot.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become law.

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