Senate Bill S4670

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

                                  4670

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

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

AN ACT to amend the election law, in relation to  the  applicability  of
  such  chapter to boards of education elections; to amend the education
  law, in relation to school board elections; and in relation to library
  district elections

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

  Section  1.  Section  1-102 of the election law, as amended by chapter
727 of the laws of 1991, is amended to read as follows:
  S 1-102. Applicability of  chapter.  This  chapter  shall  govern  the
conduct  of  all  elections at which voters of the state of New York may
cast a ballot for the purpose of electing an  individual  to  any  party
position  or nominating or electing an individual to any federal, state,
county, city, town [or], village OR SCHOOL BOARD office, or deciding any
ballot question submitted to all the voters of the state or  the  voters
of  any county or city, or deciding any ballot question submitted to the
voters of any town or village at the time of a general election. Where a
specific provision of law exists in any other law which is  inconsistent
with the provisions of this chapter, such provision shall apply unless a
provision  of this chapter specifies that such provision of this chapter
shall apply notwithstanding any other provision of law.
  S 2. Subdivision 35 of section 1-104 of the election law, as added  by
chapter 359 of the laws of 1989, is amended to read as follows:
  35.  The term "election" shall include a "general village election" or
"special village election" except where a  specific  provision  of  this
chapter  may  not be consistently applied to the village election proce-
dure; PROVIDED FURTHER THAT IT SHALL  INCLUDE  THE  ELECTION  OF  SCHOOL
BOARD MEMBERS; PROVIDED, FURTHER, THAT IT SHALL INCLUDE LIBRARY DISTRICT
ELECTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08369-02-3

              

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  S  3.  Section  3-102  of  the election law is amended by adding a new
subdivision 9-B to read as follows:
  9-B.  PROMULGATE  RULES  AND  REGULATIONS,  IN  CONSULTATION  WITH THE
COMMISSIONER OF EDUCATION, PROVIDING FOR THE SUPERVISION BY  THE  BOARDS
OF ELECTIONS OF THE ELECTION OF SCHOOL BOARD MEMBERS;
  S 4. Subdivision 4 of section 1804 of the education law, as amended by
section  1  of  part  M of chapter 57 of the laws of 2005, is amended to
read as follows:
  4. The annual meeting [and election] in each central  school  district
shall  be  held  on the third Tuesday of May provided, however that such
annual meeting [and election] shall be held on the second Tuesday in May
if the commissioner at the request of a local school board certifies  no
later  than  March  first  that  such  [election]  ANNUAL  MEETING would
conflict with religious observances, and any school budget revote  shall
be  held on the date specified in subdivision three of section two thou-
sand seven of this title.  THE SCHOOL BOARD ELECTION SHALL  BE  HELD  ON
THE  TUESDAY  NEXT SUCCEEDING THE FIRST MONDAY IN NOVEMBER.  Such annual
meeting and school budget revote shall be conducted and [the election of
members of the board] shall be held in the same manner as in union  free
school  districts  organized  and operating under the provisions of this
chapter. The board of education of each central  school  district  shall
hold  a  budget  hearing not less than seven nor more than fourteen days
prior to the annual or special district meeting at which a school budget
vote will occur, and shall prepare and present to  the  voters  at  such
budget  hearing a proposed school district budget for the ensuing school
year.  THE ELECTION OF MEMBERS OF THE BOARD SHALL  BE  GOVERNED  BY  THE
PROVISIONS OF THE ELECTION LAW.
  S 5. Subdivision 1 of section 2022 of the education law, as amended by
section  7  of  part  A of chapter 97 of the laws of 2011, is amended to
read as follows:
  1. Notwithstanding any law, rule or regulation to the  contrary,  [the
election of trustees or members of the board of education, and] the vote
upon  the  appropriation  of  the  necessary funds to meet the estimated
expenditures, in any common school district, union free school district,
central school district or central high school district shall be held at
the annual meeting [and election] on the third Tuesday in May, provided,
however, that such [election] ANNUAL MEETING shall be held on the second
Tuesday in May if the commissioner at the  request  of  a  local  school
board  certifies  no  later  than  March  first that such election would
conflict with religious observances.  THE SCHOOL BOARD ELECTION SHALL BE
HELD ON THE TUESDAY NEXT SUCCEEDING THE FIRST MONDAY  IN  NOVEMBER.  The
sole  trustee,  board of trustees or board of education of every common,
union free, central or central  high  school  district  and  every  city
school  district to which this article applies shall hold a budget hear-
ing not less than seven nor more than fourteen days prior to the  annual
meeting  [and  election]  or  special district meeting at which a school
budget vote will occur, and shall prepare and present to the  voters  at
such  budget  hearing  a proposed school district budget for the ensuing
school year.
  S 6. Subdivision 2 of section 2601-a of the education law, as  amended
by  section 9 of part A of chapter 97 of the laws of 2011, is amended to
read as follows:
  2. The board of education shall conduct all annual and special  school
district  meetings  for the purpose of adopting a school district budget
in the same manner as a union free school district  in  accordance  with
the  provisions  of article forty-one of this title, except as otherwise

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provided by this section. The annual meeting [and election] of each such
city school district shall be held on the third Tuesday of May  in  each
year, provided, however that such annual meeting [and election] shall be
held  on the second Tuesday in May if the commissioner at the request of
a local school board certifies no  later  than  March  first  that  such
election would conflict with religious observances, and any school budg-
et  revote shall be held on the date and in the same manner specified in
subdivision three of section two thousand seven  of  this  title.    THE
SCHOOL  BOARD  ELECTION SHALL BE HELD ON THE TUESDAY NEXT SUCCEEDING THE
FIRST MONDAY IN NOVEMBER. The provisions  of  this  article,  and  where
applicable  subdivisions  nine and nine-a of section twenty-five hundred
two of this title,  governing  the  qualification  and  registration  of
voters, and procedures for the nomination and election of members of the
board  of education shall continue to apply, and shall govern the quali-
fication and registration of voters and voting procedures  with  respect
to the adoption of a school district budget.
  S  7. Notwithstanding any inconsistent provision of this act or of any
other general, special or local  law,  all  library  district  elections
shall  be held on the Tuesday next succeeding the first Monday in Novem-
ber.
  S 8. This act shall take effect at the  first  general  election  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and  completed on or before such effective date; provided, however, that
the amendments to subdivision 1 of section 2022  and  subdivision  2  of
section  2601-a  of  the  education law made by sections five and six of
this act, respectively shall not affect the expiration of such  sections
and shall be deemed to expire therewith.