S T A T E O F N E W Y O R K
________________________________________________________________________
5351
2011-2012 Regular Sessions
I N A S S E M B L Y
February 16, 2011
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Introduced by M. of A. WEISENBERG -- read once and referred 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
A. 5351 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.