S T A T E O F N E W Y O R K
________________________________________________________________________
6674
2013-2014 Regular Sessions
I N A S S E M B L Y
April 12, 2013
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Introduced by M. of A. JOHNS -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the posting of notices
for annual meetings at common and union free school districts and the
form thereof; and to repeal certain provisions of such law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2004 of the education law is REPEALED and a new
section 2004 is added to read as follows:
S 2004. NOTICE OF ANNUAL MEETING IN UNION FREE SCHOOL DISTRICT. 1.
THE CLERK OF EACH UNION FREE SCHOOL DISTRICT SHALL GIVE NOTICE OF THE
AVAILABILITY OF THE STATEMENT OF EXPENDITURES PURSUANT TO THE PROVISIONS
OF SECTION SEVENTEEN HUNDRED SIXTEEN OF THIS TITLE. THE CLERK SHALL ALSO
GIVE NOTICE OF THE TIME AND PLACE OF THE ANNUAL MEETING AND THE NOTICE
REQUIRED BY SECTION SEVENTEEN HUNDRED SIXTEEN OF THIS TITLE BY:
A. PUBLISHING A NOTICE FOUR TIMES WITHIN THE SEVEN WEEKS NEXT PRECED-
ING SUCH DISTRICT MEETING, THE FIRST PUBLICATION TO BE AT LEAST
FORTY-FIVE DAYS BEFORE SAID MEETING;
B. NOTICE SHALL BE PROVIDED IN TWO NEWSPAPERS IF THERE SHALL BE TWO,
OR IN ONE NEWSPAPER IF THERE SHALL BE BUT ONE PROVIDED, HOWEVER, ALL
NEWSPAPER PUBLICATIONS SHALL BE MADE IN NEWSPAPERS HAVING A GENERAL
CIRCULATION WITHIN SUCH DISTRICT;
C. NOTICE SHALL ADDITIONALLY BE POSTED IN AT LEAST TWENTY OF THE MOST
PUBLIC PLACES IN SAID DISTRICT, INCLUDING, BUT NOT LIMITED TO PUBLIC
ROADWAYS, THE LOCAL UNITED STATES POST OFFICE AND LOCAL GROCERY FOOD
STORES;
D. NOTICE POSTED IN PUBLIC PLACES SHALL BE POSTED FORTY-FIVE DAYS
BEFORE THE TIME OF SUCH MEETING; AND
E. NOTICE SHALL NOT BE POSTED ON DISTRICT PROPERTY EXCEPT ON THE DAY
OF THE VOTE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10039-01-3
A. 6674 2
2. SUCH NOTICE SHALL ALSO STATE THAT PETITIONS NOMINATING CANDIDATES
FOR THE OFFICE OF MEMBER OF THE BOARD OF EDUCATION MUST BE FILED IN THE
OFFICE OF THE CLERK OF THE DISTRICT BETWEEN THE HOURS OF NINE A.M. AND
FIVE P.M., NOT LATER THAN THE THIRTIETH DAY PRECEDING THE SCHOOL MEETING
OR ELECTION AT WHICH THE CANDIDATES SO NOMINATED ARE TO BE ELECTED.
3. POSTING OF SUCH NOTICE SHALL BE MANDATORY AND SCHOOL DISTRICTS
FAILING TO PROVIDE NOTICE SHALL BE FINED ONE THOUSAND DOLLARS FOR THE
FIRST OFFENSE AND FIVE THOUSAND DOLLARS FOR EACH ADDITIONAL OFFENSE.
4. TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION THE BOARD
OF EDUCATION SHALL APPOINT AN OFFICIAL IN EACH SCHOOL DISTRICT TO
CONDUCT A UNIFORM INSPECTION OF THE BUDGET VOTE AND WITH ALL NOTICE
POSTING AND REQUIREMENTS PURSUANT TO THIS SECTION AND ANY OTHER RULES
AND REGULATIONS THAT THE BOARD MAY PROMULGATE.
5. IF THE DISTRICT HAS PERSONAL REGISTRATION OF VOTERS PURSUANT TO
SECTION TWO THOUSAND FOURTEEN OF THIS ARTICLE, AND HAS NOT BEEN DIVIDED
INTO ELECTION DISTRICTS PURSUANT TO SECTION TWO THOUSAND SEVENTEEN OF
THIS ARTICLE, SUCH NOTICE SHALL ALSO STATE:
A. THE PLACE AND HOUR OR HOURS AT WHICH THE BOARD OF REGISTRATION
SHALL MEET TO PREPARE THE REGISTER OF THE SCHOOL DISTRICT AND ANY PERSON
SHALL BE ENTITLED TO HAVE HIS NAME PLACED UPON SUCH REGISTER, PROVIDED
THAT AT SUCH MEETING OF THE BOARD OF REGISTRATION, HE IS KNOWN OR PROVEN
TO THE SATISFACTION OF SUCH BOARD OF REGISTRATION, TO BE THEN OR THERE-
AFTER ENTITLED TO VOTE AT THE SCHOOL MEETING OR ELECTION FOR WHICH SUCH
REGISTER IS PREPARED,
B. THAT THE REGISTER PREPARED PURSUANT TO SECTION TWO THOUSAND FOUR-
TEEN OF THIS ARTICLE WILL BE FILED IN THE OFFICE OF THE CLERK OF THE
DISTRICT; THAT SUCH REGISTER WILL BE OPEN FOR INSPECTION BY ANY QUALI-
FIED VOTER OF THE DISTRICT AND THE HOURS DURING WHICH SUCH REGISTER WILL
BE OPEN FOR INSPECTION ON EACH OF THE FIVE DAYS PRIOR TO AND THE DAY SET
FOR THE MEETING OR ELECTION, EXCEPT SUNDAYS.
6. IF THE DISTRICT HAS BEEN DIVIDED INTO ELECTION DISTRICTS PURSUANT
TO SECTION TWO THOUSAND SEVENTEEN OF THIS ARTICLE, SUCH NOTICE SHALL
ALSO STATE:
A. THE PLACE AND HOUR OR HOURS IN EACH ELECTION DISTRICT AT WHICH THE
MEMBERS OF THE BOARD OF REGISTRATION SHALL MEET TO PREPARE THE REGISTER
OF THE SCHOOL DISTRICT FOR EACH ELECTION DISTRICT AND ANY PERSON SHALL
BE ENTITLED TO HAVE HIS NAME PLACED UPON SUCH REGISTER, PROVIDED THAT AT
SUCH MEETING OF THE MEMBERS OF THE BOARD OF REGISTRATION HE IS KNOWN OR
PROVEN TO THE SATISFACTION OF SUCH MEMBERS TO BE THEN OR THEREAFTER
ENTITLED TO VOTE AT THE SCHOOL MEETING OR ELECTION FOR WHICH SUCH REGIS-
TER IS PREPARED,
B. THE PLACE IN EACH ELECTION DISTRICT WHERE THE MEETING OR ELECTION
SHALL BE HELD,
C. THAT THE REGISTER PREPARED PURSUANT TO SECTION TWO THOUSAND FOUR-
TEEN OF THIS ARTICLE WILL BE FILED IN THE OFFICE OF THE CLERK OF THE
DISTRICT; THAT SUCH REGISTER WILL BE OPEN FOR INSPECTION BY ANY QUALI-
FIED VOTER OF THE DISTRICT AND THE HOURS DURING WHICH SUCH REGISTER WILL
BE OPEN FOR INSPECTION ON EACH OF THE FIVE DAYS PRIOR TO AND THE DAY SET
FOR THE MEETING OR ELECTION, EXCEPT SUNDAYS,
D. IF THE DISTRICT IS DIVIDED INTO ELECTION DISTRICTS AND VOTING
MACHINES ARE USED, THAT A STATEMENT OF ESTIMATED EXPENSES FOR THE ENSU-
ING YEAR WILL BE COMPLETED AND COPIES MADE AVAILABLE AT EACH SCHOOLHOUSE
IN THE DISTRICT IN WHICH SCHOOL IS MAINTAINED DURING CERTAIN DESIGNATED
HOURS ON EACH DAY OTHER THAN A SATURDAY, SUNDAY OR HOLIDAY DURING THE
FOURTEEN DAYS IMMEDIATELY PRECEDING SUCH MEETING, TOGETHER WITH THE TEXT
OF ANY RESOLUTION WHICH WILL BE PRESENTED TO THE VOTERS.
A. 6674 3
7. NOTICE SHALL ALSO STATE THAT APPLICATIONS FOR ABSENTEE BALLOTS FOR
ELECTION OF BOARD MEMBERS MAY BE APPLIED FOR AT THE OFFICE OF THE CLERK
OF THE DISTRICT. SUCH NOTICE, IN SUCH CASE, SHALL FURTHER STATE THAT A
LIST OF ALL PERSONS TO WHOM ABSENTEE BALLOTS SHALL HAVE BEEN ISSUED,
WILL BE AVAILABLE IN THE SAID OFFICE OF THE CLERK ON EACH OF THE FIVE
DAYS PRIOR TO THE DAY OF THE ELECTION EXCEPT SUNDAYS, AND THAT SUCH LIST
WILL ALSO BE POSTED AT THE POLLING PLACE OR PLACES AT THE ELECTION OF
MEMBERS OF THE BOARD OF EDUCATION.
8. NOTICE AND ALL OTHER NOTICES AND REPORTS REQUIRED TO BE PUBLISHED
IN NEWSPAPERS UNDER THE PROVISIONS OF THIS SECTION SHALL BE PRINTED AT
THE RATES AND FOR THE FEES PRESCRIBED IN THE CIVIL PRACTICE LAW AND
RULES. IN THE EVENT THAT THE PUBLISHERS OF ONE OR BOTH OF THE NEWSPA-
PERS HAVING GENERAL CIRCULATION IN SUCH DISTRICT SHALL REFUSE TO PRINT
AND PUBLISH THE NOTICES OR REPORTS AT THE RATES AND FOR THE FEES SO
PRESCRIBED, PUBLICATION IN SUCH NEWSPAPER OR NEWSPAPERS SO REFUSING MAY
BE OMITTED, PROVIDED, HOWEVER, NOTICES OR REPORTS SHALL STILL BE POSTED
AS REQUIRED BY THIS SECTION.
S 2. Section 2003 of the education law is REPEALED and a new section
2003 is added to read as follows:
S 2003. NOTICE OF ANNUAL MEETING IN COMMON SCHOOL DISTRICT. 1. THE
DISTRICT CLERK OF EACH COMMON SCHOOL DISTRICT SHALL GIVE NOTICE OF THE
AVAILABILITY OF THE STATEMENT OF EXPENDITURES PURSUANT TO THE PROVISIONS
OF SECTION SIXTEEN HUNDRED EIGHT OF THIS TITLE. THE DISTRICT CLERK SHALL
ALSO GIVE NOTICE OF THE TIME AND PLACE OF THE ANNUAL MEETING BY:
A. PUBLISHING A NOTICE FOUR TIMES WITHIN THE SEVEN WEEKS NEXT PRECED-
ING SUCH DISTRICT MEETING, THE FIRST PUBLICATION TO BE AT LEAST
FORTY-FIVE DAYS BEFORE SAID MEETING;
B. NOTICE SHALL BE PROVIDED IN TWO NEWSPAPERS IF THERE SHALL BE TWO,
OR IN ONE NEWSPAPER IF THERE SHALL BE BUT ONE PROVIDED, HOWEVER, ALL
NEWSPAPER PUBLICATIONS SHALL BE MADE IN NEWSPAPERS HAVING A GENERAL
CIRCULATION WITHIN SUCH DISTRICT;
C. NOTICE SHALL ADDITIONALLY BE POSTED IN AT LEAST TWENTY OF THE MOST
PUBLIC PLACES IN SAID DISTRICT, INCLUDING, BUT NOT LIMITED TO PUBLIC
ROADWAYS, THE LOCAL UNITED STATES POST OFFICE AND LOCAL GROCERY FOOD
STORES;
D. NOTICE POSTED IN PUBLIC PLACES SHALL BE POSTED FORTY-FIVE DAYS
BEFORE THE TIME OF SUCH MEETING; AND
E. NOTICE SHALL NOT BE POSTED ON DISTRICT PROPERTY EXCEPT ON THE DAY
OF THE VOTE.
2. SUCH NOTICE SHALL ALSO STATE THAT PETITIONS NOMINATING CANDIDATES
FOR THE OFFICE OF MEMBER OF THE BOARD OF EDUCATION MUST BE FILED IN THE
OFFICE OF THE CLERK OF THE DISTRICT BETWEEN THE HOURS OF NINE A.M. AND
FIVE P.M., NOT LATER THAN THE THIRTIETH DAY PRECEDING THE SCHOOL MEETING
OR ELECTION AT WHICH THE CANDIDATES SO NOMINATED ARE TO BE ELECTED.
3. POSTING OF SUCH NOTICE SHALL BE MANDATORY AND SCHOOL DISTRICTS
FAILING TO PROVIDE NOTICE SHALL BE FINED ONE THOUSAND DOLLARS FOR THE
FIRST OFFENSE AND FIVE THOUSAND DOLLARS FOR EACH ADDITIONAL OFFENSE.
4. TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION THE BOARD
OF EDUCATION SHALL APPOINT AN OFFICIAL IN EACH SCHOOL DISTRICT TO
CONDUCT A UNIFORM INSPECTION OF THE BUDGET VOTE AND WITH ALL NOTICE
POSTING AND REQUIREMENTS PURSUANT TO THIS CHAPTER AND ANY OTHER RULES
AND REGULATIONS THAT THE BOARD MAY PROMULGATE.
5. SUCH NOTICE SHALL ALSO STATE THAT PETITIONS NOMINATING CANDIDATES
FOR THE OFFICE OF MEMBER OF THE BOARD OF TRUSTEES MUST BE FILED WITH THE
CLERK OF THE DISTRICT BETWEEN THE HOURS OF NINE A.M. AND FIVE P.M., NOT
A. 6674 4
LATER THAN THE THIRTIETH DAY PRECEDING THE SCHOOL MEETING OR ELECTION AT
WHICH THE CANDIDATES SO NOMINATED ARE TO BE ELECTED.
6. SUCH NOTICE AND ALL OTHER NOTICES AND REPORTS REQUIRED TO BE
PUBLISHED IN NEWSPAPERS UNDER THE PROVISIONS OF THIS CHAPTER SHALL BE
PRINTED AT THE RATES AND FOR THE FEES PRESCRIBED IN THE CIVIL PRACTICE
LAW AND RULES. IN THE EVENT THAT THE PUBLISHERS OF ONE OR BOTH OF THE
NEWSPAPERS HAVING GENERAL CIRCULATION IN SUCH DISTRICT SHALL REFUSE TO
PRINT AND PUBLISH THE NOTICES OR REPORTS AT THE RATES AND FOR THE FEES
SO PRESCRIBED, PUBLICATION IN SUCH NEWSPAPER OR NEWSPAPERS SO REFUSING
MAY BE OMITTED, PROVIDED, HOWEVER, NOTICES OR REPORTS SHALL STILL BE
POSTED AS REQUIRED BY THIS SECTION.
S 3. This act shall take effect immediately provided, however, that
the commissioner of education shall have the authority to promulgate any
rules or regulations necessary for the implementation of this act before
this act shall have become a law.