senate Bill S2478A

2011-2012 Legislative Session

Provides for election of members of the board of education of the Buffalo city school district in November rather than May

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Archive: Last Bill Status - Passed Senate


  • 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
May 14, 2012 referred to education
delivered to assembly
passed senate
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.500
Jan 05, 2012 print number 2478a
amend and recommit to education
Jan 04, 2012 referred to education
returned to senate
died in assembly
May 03, 2011 referred to education
delivered to assembly
passed senate
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.365
Jan 21, 2011 referred to education

Votes

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Apr 18, 2012 - Education committee Vote

S2478A
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Education committee vote details

Education Committee Vote: Apr 18, 2012

nay (2)
aye wr (1)
excused (2)

Apr 12, 2011 - Education committee Vote

S2478
15
1
committee
15
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2478 - Bill Details

See Assembly Version of this Bill:
A10634
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2553, Ed L
Versions Introduced in 2009-2010 Legislative Session:
A6028A

S2478 - Bill Texts

view summary

Provides for the election of members of the board of education of the Buffalo city school district in November rather than in May; creates a timetable for the electoral proceedings therefor; extends the terms of current members of such board to the last day of December rather than June; provides for future terms to run from January through December; and staggers terms.

view sponsor memo
BILL NUMBER:S2478

TITLE OF BILL:

An act
to amend the education
law, in relation to providing for the election of members of the
board of education of the Buffalo city school district in November

PURPOSE OR GENERAL IDEA OF BILL:

Provides for the election of members of the board of Education of the
Buffalo city school district in November rather than May.

SUMMARY OF SPECIFIC PROVISIONS:

Subparagraph 3 of paragraph d of Section 2553 of the education law is
amended to provide for school board elections to be held in November,
2011, if the petition is filed with the Erie County Board of
Elections or is postmarked on/before October 4, 2011. Furthermore,
deadlines are imposed as to the filing of written objections to such
petitions.

Subparagraph 3 of paragraph n of subdivision 2553 is amended to
provide for a term of office of two years for each member of such
board from a city school subdistrict elected in November, 2011, and
four years for each member elected at large until the expiration of
such terms.

Subparagraph 3 of paragraphs O and p of subdivision 2553 is amended to
require board of education members to convene in January of each year
to elect from their members a president, who shall serve a term of
one year. The election of these members will take place on November
8, 2011, and subsequently on the first Tuesday after the first
Monday in November.

Section 2, which would take effect immediately, is amended to apply
only to those board members whose terms would expire on June 30, 2011.

EXISTING LAW:

Current law provides that such elections be held in May.

JUSTIFICATION:

This bill would move the Buffalo School Board elections from May to
November in order to increase voter participation and lessen the
costs associated with the election process. Past years elections have
seen voter turnout as low as five percent of eligible voters, all at
a cost
of nearly $100,000 to the fiscally challenged city coffers. Currently,
the cities of Rochester and Syracuse hold their school board
elections in November.

PRIOR LEGISLATIVE HISTORY:


2001-02: S.728/A.7238 Referred to Education
2003-04: S.7323/A.11245 Referred to Education
2005-06: S.2491/A.3464 Referred to Education
2007-08: S.2748/A.2615 Referred to. Education
2009-10: S.1943-A/A.6028-A Referred to Education

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:

Beneficial to City of Buffalo with estimated savings of $100,000.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  2478

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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  providing  for  the
  election  of  members  of  the  board of education of the Buffalo city
  school district in November

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

  Section  1. Subparagraph 3 of paragraph d and paragraphs n, o and p of
subdivision 10 of section 2553 of the education law, subparagraph  3  of
paragraph  d  and paragraphs n and o as added by chapter 242 of the laws
of 1974 and paragraph p as amended by chapter 95 of the  laws  of  1979,
are amended to read as follows:
  (3)    For  the  election held in [May, nineteen hundred seventy-four]
NOVEMBER, TWO THOUSAND ELEVEN, such petition shall be deemed to be time-
ly filed for such election if filed with  the  clerk  of  the  board  of
elections  of  Erie  county  on or before [April ninth, nineteen hundred
seventy-four] OCTOBER FOURTH, TWO THOUSAND ELEVEN.  A petition  sent  by
mail  in an envelope postmarked prior to midnight on [April ninth, nine-
teen hundred seventy-four] OCTOBER FOURTH, TWO THOUSAND ELEVEN, shall be
deemed to be timely filed when received.    Written  objection  to  such
petition shall be filed within [two] THREE days after the [date this act
shall  have  become  a law] LAST DAY TO FILE THE PETITION and specifica-
tions of the grounds of the objections shall be  filed  with  the  board
within [one day] SIX DAYS after the filing of the objection and institu-
tion  of court proceedings relating thereto shall be commenced not later
than [May second, nineteen hundred seventy-four] FOURTEEN DAYS AFTER THE
LAST DAY TO FILE THE PETITION OR WITHIN THREE BUSINESS  DAYS  AFTER  THE
BOARD  OF  ELECTIONS MAKES A DETERMINATION OF INVALIDITY WITH RESPECT TO
SUCH PETITION, WHICHEVER IS LATER.
  n. [The] FOR MEMBERS ELECTED IN NOVEMBER, TWO THOUSAND ELEVEN THE TERM
OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY  SCHOOL  SUBDISTRICT
SHALL  BE  TWO YEARS, AND FOR EACH MEMBER ELECTED AT LARGE SHALL BE FOUR
YEARS AND UPON THE EXPIRATION OF SUCH TERMS, THE term of office of  each
member  of  such  board  from  a  city school subdistrict shall be three

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07599-01-1

S. 2478                             2

years, and the term of office of each such member of the  board  elected
at  large  shall  be for five years. Of the candidates to be elected for
membership on the board of education of the city school district of  the
city  of  Buffalo  by the voters at large the three candidates receiving
the largest number of votes cast in the city, shall be declared  elected
as  at-large  members  of  such  board of education. In each city school
subdistrict the candidates seeking the election as the  member  of  such
board of education for such city school subdistrict receiving a plurali-
ty of votes in such city school subdistrict shall be declared elected to
that position.
  Whenever a vacancy shall occur or exist in the office of member of the
board of education except by reason of expiration of term or increase in
the  number  of members of such board, such vacancy shall be filled by a
majority vote of the remaining members of the board of education  within
thirty  days  of  the date when such vacancy shall have occurred. If the
remaining members of the board of education  shall  fail  to  fill  such
vacancy  within  such  thirty  day period, then the mayor of the city of
Buffalo shall within thirty days thereafter fill such vacancy subject to
the confirmation of such appointment by the common council of  the  city
of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict
member  of  the  board of education unless he fulfills all of the quali-
fications in this subdivision to enable him to be a  candidate  for  the
office  of  a  member  of  the  board  of education from the subdistrict
involved.
  o.  The members so elected to the board of education shall convene  on
the  first  business  day in [July] JANUARY of each year, at the time of
the commencement of their term of office and select from their members a
president who shall serve for a term of one year or such other term, not
exceeding the term of his office, as may be fixed by the rules and regu-
lations of the board.
  p.  The election of members of the board of education  of  the  school
district  of the city of Buffalo shall take place on [May seventh, nine-
teen hundred seventy-four] NOVEMBER EIGHTH, TWO THOUSAND ELEVEN  and  on
the first Tuesday AFTER THE FIRST MONDAY in [May] NOVEMBER thereafter in
each  year in which an incumbent's term expires.  Such election shall be
conducted by the board of elections of the county of Erie  in  the  same
manner  as other elections are conducted by it.  Polls shall be open for
voting for the hours prescribed by section 8-100 of the election law for
primary elections.   The results of such  elections,  after  canvassing,
shall  be  certified and reported by the board of elections to the board
of education of such city.  The clerk or other  appropriate  officer  of
the  board  of education shall within twenty-four hours after receipt of
such certification by the board of  elections  serve  a  written  notice
either  personally or by mail upon each person declared to be elected as
a member of the board of education informing him of his election and the
length of his term.
  S 2. Notwithstanding any inconsistent provision of law,  the  term  of
every  member  of  the board of education of the city school district of
Buffalo, which term is scheduled to expire on June 30, 2011,  is  hereby
extended  from  June  thirtieth  of the year in which it is scheduled to
expire to December thirty-first of such  year.  Terms  of  such  members
elected after this act becomes law shall begin on the first day of Janu-
ary and end on the last day of December of the appropriate year.
  S 3. This act shall take effect immediately.

Co-Sponsors

S2478A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10634
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2553, Ed L
Versions Introduced in 2009-2010 Legislative Session:
A6028A

S2478A (ACTIVE) - Bill Texts

view summary

Provides for the election of members of the board of education of the Buffalo city school district in November rather than in May; creates a timetable for the electoral proceedings therefor; extends the terms of current members of such board to the last day of December rather than June; provides for future terms to run from January through December; and staggers terms.

view sponsor memo
BILL NUMBER:S2478A

TITLE OF BILL: An act to amend the education law, in relation to
providing for the election of members of the board of education of the
Buffalo city school district in November

PURPOSE OR GENERAL IDEA OF BILL: Provides for the election of members
of the board of Education of the Buffalo city school district in
November rather than May.

SUMMARY OF SPECIFIC PROVISIONS: Subparagraph 3 of paragraph d of
Section 2553 of the education law is amended to provide for school
board elections to be held in November, 2012, if the petition is filed
with the Erie County Board of Elections or is postmarked on/before
October 4, 2012. Furthermore, deadlines are imposed as to the filing
of written objections to such petitions.

Subparagraph 3 of paragraph n of subdivision 2553 is amended to
provide for a term of office of two years for each member of such
board from a city school district elected in November, 2012, and four
years for each member elected at large until the expiration of such
terms.

Subparagraph 3 of paragraphs o and p of subdivision 2553 is amended to
require board of education members to convene in January of each year
to elect from their members a president, who shall serve a term of one
year. The election of these members will take place on November 8,
2012, and subsequently on the first Tuesday after the first Monday in
November.

Section 2, which would take effect immediately, is amended to apply
only to those board members whose terms would expire on June 30, 2012.

JUSTIFICATION: This bill would move the Buffalo School Board elections
from May to November in order to increase voter participation and
lessen the costs associated with the election process. Past years
elections have seen voter turnout as low as five percent of eligible
voters, all at a cost of nearly $100,000 to the fiscally challenged
city coffers. Currently, the cities of Rochester and Syracuse hold
their school board elections in November.

PRIOR LEGISLATIVE HISTORY: Passed Senate in 2011

FISCAL IMPLICATIONS: Beneficial to City of Buffalo with estimated
savings of $100,000.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 2478--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced by Sens. GRISANTI, KENNEDY -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Education --
  recommitted to the Committee on Education in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in  relation  to  providing  for  the
  election  of  members  of  the  board of education of the Buffalo city
  school district in November

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

  Section  1. Subparagraph 3 of paragraph d and paragraphs n, o and p of
subdivision 10 of section 2553 of the education law, subparagraph  3  of
paragraph  d  and paragraphs n and o as added by chapter 242 of the laws
of 1974 and paragraph p as amended by chapter 95 of the  laws  of  1979,
are amended to read as follows:
  (3)    For  the  election held in [May, nineteen hundred seventy-four]
NOVEMBER, TWO THOUSAND TWELVE, such petition shall be deemed to be time-
ly filed for such election if filed with  the  clerk  of  the  board  of
elections  of  Erie  county  on or before [April ninth, nineteen hundred
seventy-four] OCTOBER FOURTH, TWO THOUSAND TWELVE.  A petition  sent  by
mail  in an envelope postmarked prior to midnight on [April ninth, nine-
teen hundred seventy-four] OCTOBER FOURTH, TWO THOUSAND TWELVE, shall be
deemed to be timely filed when received.    Written  objection  to  such
petition shall be filed within [two] THREE days after the [date this act
shall  have  become  a law] LAST DAY TO FILE THE PETITION and specifica-
tions of the grounds of the objections shall be  filed  with  the  board
within [one day] SIX DAYS after the filing of the objection and institu-
tion  of court proceedings relating thereto shall be commenced not later
than [May second, nineteen hundred seventy-four] FOURTEEN DAYS AFTER THE
LAST DAY TO FILE THE PETITION OR WITHIN THREE BUSINESS  DAYS  AFTER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07599-02-2

S. 2478--A                          2

BOARD  OF  ELECTIONS MAKES A DETERMINATION OF INVALIDITY WITH RESPECT TO
SUCH PETITION, WHICHEVER IS LATER.
  n. [The] FOR MEMBERS ELECTED IN NOVEMBER, TWO THOUSAND TWELVE THE TERM
OF  OFFICE  FOR EACH MEMBER OF SUCH BOARD FROM A CITY SCHOOL SUBDISTRICT
SHALL BE TWO YEARS, AND FOR EACH MEMBER ELECTED AT LARGE SHALL  BE  FOUR
YEARS  AND UPON THE EXPIRATION OF SUCH TERMS, THE term of office of each
member of such board from a  city  school  subdistrict  shall  be  three
years,  and  the term of office of each such member of the board elected
at large shall be for five years. Of the candidates to  be  elected  for
membership  on the board of education of the city school district of the
city of Buffalo by the voters at large the  three  candidates  receiving
the  largest number of votes cast in the city, shall be declared elected
as at-large members of such board of  education.  In  each  city  school
subdistrict  the  candidates  seeking the election as the member of such
board of education for such city school subdistrict receiving a plurali-
ty of votes in such city school subdistrict shall be declared elected to
that position.
  Whenever a vacancy shall occur or exist in the office of member of the
board of education except by reason of expiration of term or increase in
the number of members of such board, such vacancy shall be filled  by  a
majority  vote of the remaining members of the board of education within
thirty days of the date when such vacancy shall have  occurred.  If  the
remaining  members  of  the  board  of education shall fail to fill such
vacancy within such thirty day period, then the mayor  of  the  city  of
Buffalo shall within thirty days thereafter fill such vacancy subject to
the  confirmation  of such appointment by the common council of the city
of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict
member of the board of education unless he fulfills all  of  the  quali-
fications  in  this  subdivision to enable him to be a candidate for the
office of a member of  the  board  of  education  from  the  subdistrict
involved.
  o.   The members so elected to the board of education shall convene on
the first business day in [July] JANUARY of each year, at  the  time  of
the commencement of their term of office and select from their members a
president who shall serve for a term of one year or such other term, not
exceeding the term of his office, as may be fixed by the rules and regu-
lations of the board.
  p.    The  election of members of the board of education of the school
district of the city of Buffalo shall take place on [May seventh,  nine-
teen  hundred  seventy-four] NOVEMBER EIGHTH, TWO THOUSAND TWELVE and on
the first Tuesday AFTER THE FIRST MONDAY in [May] NOVEMBER thereafter in
each year in which an incumbent's term expires.  Such election shall  be
conducted  by  the  board of elections of the county of Erie in the same
manner as other elections are conducted by it.  Polls shall be open  for
voting for the hours prescribed by section 8-100 of the election law for
primary  elections.    The  results of such elections, after canvassing,
shall be certified and reported by the board of elections to  the  board
of  education  of such city.   The clerk or other appropriate officer of
the board of education shall within twenty-four hours after  receipt  of
such  certification  by  the  board  of elections serve a written notice
either personally or by mail upon each person declared to be elected  as
a member of the board of education informing him of his election and the
length of his term.
  S  2.  Notwithstanding  any inconsistent provision of law, the term of
every member of the board of education of the city  school  district  of
Buffalo,  which  term is scheduled to expire on June 30, 2012, is hereby

S. 2478--A                          3

extended from June thirtieth of the year in which  it  is  scheduled  to
expire  to  December  thirty-first  of  such year. Terms of such members
elected after this act becomes law shall begin on the first day of Janu-
ary and end on the last day of December of the appropriate year.
  S 3. This act shall take effect immediately.

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