senate Bill S4348A

2013-2014 Legislative Session

Requires a joint report by the state board of elections and state education department concerning the safety of students and staff at schools used as polling places for elections

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to elections
Apr 10, 2013 print number 4348a
amend (t) and recommit to elections
Mar 21, 2013 referred to elections

Bill Amendments

Original
A (Active)
Original
A (Active)

S4348 - Bill Details

See Assembly Version of this Bill:
A6774
Current Committee:
Law Section:
Elections

S4348 - Bill Texts

view summary

Requires a joint report by the state board of education and state education department concerning the safety of students and staff at schools used as polling places for elections.

view sponsor memo
BILL NUMBER:S4348

TITLE OF BILL: An act to amend the election law, in relation to
prohibiting polling at schools when in session

PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit any public
or private elementary, secondary or preschool from serving as a
polling place when such school is in session.

SUMMARY OF SPECIFIC PROVISIONS: Section 4-104 of the election law is
amended by adding a new subdivision, 7-a.

JUSTIFICATION: Many schools serve as Election Day polling places.
However, there exists a reasonable expectation for maintaining the
safety and security of students and school staff, as well as the
community members using the schools on election day. Safety threats in
a post-Columbine, post-Virginia Tech, and post-Newtown world have
raised our awareness about the vulnerability of our schools when open
to use by the community at large. As a result of recent tragedies,
schools have developed more strict rules, guidelines and procedures
about granting access to school, school grounds and students. This law
would increase the safety of students and school staff by prohibiting
voting from taking place in a school when such school is in session.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on November 4, 2014.

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

                                  4348

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 prohibiting polling  at
  schools when in session

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

  Section 1. Section 4-104 of the election law is amended  by  adding  a
new subdivision 7-a to read as follows:
  7-A.  NO  POLLING PLACE SHALL BE LOCATED ON THE PREMISES OF ANY PUBLIC
OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL  OR  A  SCHOOL  FOR  PRESCHOOL
CHILDREN,  AS  THAT TERM IS DEFINED IN PARAGRAPH I OF SUBDIVISION ONE OF
SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW, WHEN SUCH SCHOOL IS
IN SESSION.
  S 2. This act shall take effect November 4, 2014. Effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09945-01-3

S4348A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6774
Current Committee:
Law Section:
Elections

S4348A (ACTIVE) - Bill Texts

view summary

Requires a joint report by the state board of education and state education department concerning the safety of students and staff at schools used as polling places for elections.

view sponsor memo
BILL NUMBER:S4348A

TITLE OF BILL: An act requiring a joint report by the state board of
elections and state education department concerning the safety of
students and staff at schools used as polling places for elections

PURPOSE:

This bill would allow the state board of elections and the state
education department to jointly examine, evaluate and make
recommendations concerning the safety of students and staff at schools
used as polling places for elections.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The state board of elections and the state education
department shall jointly examine, evaluate and make recommendations
concerning the safety of students and staff at schools used as polling
places for elections.

Section 2. The state board of elections and/or the state education
department may request and shall receive from any subdivision,
department, board, bureau, commission, office, agency or other
instrumentality of the state or of any political subdivision thereof
such assistance and data as it deems necessary or desirable to
effectuate the purposes set forth in this act.

Section 3. Within six months of the effective date of this act, the
state board of elections and the state education department shall
submit a joint report of their findings, conclusions and
recommendations to the governor and the legislature, and shall submit
with such report such regulatory and legislative proposals as they
deem necessary to implement their recommendations.

Section 4. Effective Date.

JUSTIFICATION:

Many schools serve as Election Day polling places. However, there
exists a reasonable expectation for maintaining the safety and
security of students and school staff, as well as the community
members using the schools on election day. Therefore, it is necessary
and proper for the Board of Elections and Department of Education to
jointly consider the safety implications that arise from schools
serving as polling places. If it is found that schools serving as
polling places pose a serious risk to security, this study will
provide for the Board of Elections and the Department of Education to
make recommendations of feasible alternatives for polling places.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal to the state.


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
________________________________________________________________________

                                 4348--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  requiring  a  joint  report by the state board of elections and
  state education department concerning the safety of students and staff
  at schools used as polling places for elections

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

  Section  1.  The  state  board  of  elections  and the state education
department shall jointly  examine,  evaluate  and  make  recommendations
concerning  the  safety of students and staff at schools used as polling
places for elections.
  S 2. The state board of elections and/or the state  education  depart-
ment  may  request  and  shall receive from any subdivision, department,
board, bureau, commission, office, agency or  other  instrumentality  of
the  state  or  of any political subdivision thereof such assistance and
data as it deems necessary or desirable to effectuate the  purposes  set
forth in this act.
  S  3.  Within  six months of the effective date of this act, the state
board of elections and the state education  department  shall  submit  a
joint  report  of their findings, conclusions and recommendations to the
governor and the legislature, and shall submit  with  such  report  such
regulatory and legislative proposals as they deem necessary to implement
their recommendations.
  S 4. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09945-02-3

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