NY State Senate Bill 2013-S868A

Senate Bill S868A

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2014	referred to education delivered to assembly passed senate
May 19, 2014	advanced to third reading
May 14, 2014	2nd report cal.
May 13, 2014	1st report cal.691
Jan 09, 2014	print number 868a
Jan 09, 2014	amend and recommit to education
Jan 08, 2014	referred to education returned to senate died in assembly
May 29, 2013	referred to education delivered to assembly passed senate
May 23, 2013	advanced to third reading
May 22, 2013	2nd report cal.
May 21, 2013	1st report cal.642
Jan 09, 2013	referred to education

Votes

- Jun 11, 2014 - Floor Vote
  S868A
  
  35
  
  Aye
  
  22
  
  Nay
  
  1
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2014
      
      aye (35)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Klein
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marchione
      
      Martins
      
      Maziarz
      
      Nozzolio
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Seward
      
      Skelos
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (22)
      
      Breslin
      
      Dilan
      
      Gianaris
      
      Gipson
      
      Hoylman-Sigal
      
      Krueger
      
      LaValle
      
      Latimer
      
      Marcellino
      
      Montgomery
      
      O'Brien
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sampson
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      absent (1)
      
      Kennedy
      
      excused (3)
      
      Espaillat
      
      Hassell-Thompson
      
      Smith
  May 29, 2013 - Floor Vote
  S868A
  
  37
  
  Aye
  
  24
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2013
      
      aye (37)
      
      Addabbo Jr.
      
      Ball
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      DeFrancisco
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Nozzolio
      
      O'Mara
      
      Ranzenhofer
      
      Robach
      
      Sampson
      
      Savino
      
      Seward
      
      Skelos
      
      Smith
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (24)
      
      Adams
      
      Avella
      
      Breslin
      
      Dilan
      
      Espaillat
      
      Gianaris
      
      Gipson
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Latimer
      
      Montgomery
      
      O'Brien
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      excused (2)
      
      Diaz
      
      Ritchie
  May 13, 2014 - Education Committee Vote
  S868A
  
  12
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 13, 2014
      
      aye (12)
      
      Addabbo Jr.
      
      Farley
      
      Flanagan
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Maziarz
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Valesky
      
      nay (6)
      
      Avella
      
      Breslin
      
      Latimer
      
      Montgomery
      
      Peralta
      
      Tkaczyk
      
      aye wr (1)
      
      Stavisky
  May 21, 2013 - Education Committee Vote
  S868A
  
  13
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 21, 2013
      
      aye (13)
      
      Addabbo Jr.
      
      Breslin
      
      Farley
      
      Flanagan
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Maziarz
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Valesky
      
      nay (3)
      
      Avella
      
      Montgomery
      
      Tkaczyk
      
      aye wr (2)
      
      Latimer
      
      Stavisky

Bill Amendments

Original

A (Active)

2013-S868 - Details

See Assembly Version of this Bill:: A3566
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §2553, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2478, A10634
2015-2016: A3300
2017-2018: A2113
2019-2020: A4949

2013-S868 - 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

2013-S868 - Sponsor Memo

                                BILL NUMBER:S868                REVISED 1/7/13

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, 2013, if the petition is
filed with the Erie County Board of Elections or is postmarked
on/before October 4, 2013. 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, 2013, 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, 2013, 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, 2013.

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 and
2012

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

EFFECTIVE DATE: This act shall take effect immediately.

2013-S868 - Bill Text download pdf

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

                                   868

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 THIRTEEN, such petition shall  be  deemed  to  be
timely  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 THIRTEEN.  A petition sent by
mail  in an envelope postmarked prior to midnight on [April ninth, nine-
teen hundred seventy-four] OCTOBER FOURTH, TWO THOUSAND THIRTEEN,  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 THIRTEEN THE
TERM OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY SCHOOL  SUBDIS-
TRICT  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04102-01-3

S. 868                              2

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 THIRTEEN 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, 2013,  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.

2013-S868A (ACTIVE) - Details

See Assembly Version of this Bill:: A3566
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §2553, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2478, A10634
2015-2016: A3300
2017-2018: A2113
2019-2020: A4949

2013-S868A (ACTIVE) - Summary

2013-S868A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S868A

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, 2014, if the petition is filed
with the Erie County Board of Elections or is postmarked on/before
October 3, 2014. 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, 2014, 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 4,
2014, 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, 2014.

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 and 2012.

FISCAL IMPLICATIONS:

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

EFFECTIVE DATE:


This act shall take effect immediately.

2013-S868A (ACTIVE) - Bill Text download pdf

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

                                 868--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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 FOURTEEN, such petition shall  be  deemed  to  be
timely  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 THIRD, TWO THOUSAND FOURTEEN.  A petition sent by
mail in an envelope postmarked prior to midnight on [April ninth,  nine-
teen  hundred  seventy-four] OCTOBER THIRD, TWO THOUSAND FOURTEEN, 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.

                                                           LBD04102-02-3

S. 868--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 FOURTEEN THE
TERM OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY SCHOOL  SUBDIS-
TRICT  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 FOURTH, TWO THOUSAND FOURTEEN 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, 2014, is hereby

S. 868--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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