Senate Bill S4262

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

                                  4262

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  that  a
  school  bond  resolution  or  capital  note resolution vote shall take
  place in conjunction with the school budget vote

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

  Section  1.  The  section  heading and subdivisions 1 and 4 of section
2022 of the education law, as amended by section 7 of part A of  chapter
97 of the laws of 2011, are amended to read as follows:
  S  2022.  Vote  on  school district budgets, BOND RESOLUTIONS, CAPITAL
NOTE RESOLUTIONS and on the election of  school  district  trustees  and
board  of  education  members. 1. Notwithstanding any law, rule or regu-
lation 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,  AND THE VOTE UPON A BOND
RESOLUTION OR CAPITAL NOTE RESOLUTION, 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 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  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 hearing 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  hear-
ing a proposed school district budget for the ensuing school year.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08888-01-5

              

S. 4262                             2

  4.  The  budget adoption process shall conform to the requirements set
forth in section two thousand twenty-three-a of this part. In the  event
that  the  original  proposed  budget is not approved by the voters, the
sole trustee, trustees or board of education may adopt  a  final  budget
pursuant  to  subdivision five of this section or resubmit to the voters
the original or a  revised  budget  pursuant  to  subdivision  three  of
section  two thousand seven of this part. Upon one defeat of such resub-
mitted budget, the sole trustee, trustees or board  of  education  shall
adopt  a  final  budget  pursuant  to  subdivision five of this section.
Notwithstanding any other provision of law to the contrary,  the  school
district  budget  for any school year, or any part of such budget or any
propositions involving the expenditure of money for such school year, OR
ANY BOND RESOLUTION OR CAPITAL NOTE RESOLUTION shall  not  be  submitted
for a vote of the qualified voters more than twice.
  S  2.  The section heading and subdivisions 1 and 4 of section 2022 of
the education law, the section heading as amended by section 23 of  part
A  of  chapter  436  of  the  laws  of 1997, subdivision 1 as amended by
section 8 of part C of chapter 58 of the laws of 1998, and subdivision 4
as amended by section 7 of part M of chapter 57 of the laws of 2005, are
amended to read as follows:
  S 2022. Vote on school district  budgets,  BOND  RESOLUTIONS,  CAPITAL
NOTE  RESOLUTIONS  and  on  the election of school district trustees and
board of education members. 1. Notwithstanding any law,  rule  or  regu-
lation 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,  AND  THE  VOTE  UPON  A  BOND
RESOLUTION  OR  CAPITAL  NOTE RESOLUTION, 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  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. When such election
or vote is taken by recording the ayes and noes of the qualified  voters
attending,  a  majority of the qualified voters present and voting, by a
hand or voice vote, may determine to take up the question of voting  the
necessary  funds  to meet the estimated expenditures for a specific item
separately, and the qualified voters present and voting may increase the
amount of any estimated expenditures or  reduce  the  same,  except  for
teachers' salaries, and the ordinary contingent expenses of the schools.
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
hearing 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.
  4. In the event that the original proposed budget is not  approved  by
the voters, the sole trustee, trustees or board of education may adopt a
final budget pursuant to subdivision five of this section or resubmit to
the  voters  the  original  or  a revised budget pursuant to subdivision
three of section two thousand seven of this part.  Upon  one  defeat  of
such  resubmitted  budget, the sole trustee, trustees or board of educa-
tion shall adopt a final budget pursuant to  subdivision  five  of  this
section. Notwithstanding any other provision of law to the contrary, the

S. 4262                             3

school  district  budget for any school year, or any part of such budget
or any propositions involving the expenditure of money for  such  school
year,  OR  ANY  BOND  RESOLUTION OR CAPITAL NOTE RESOLUTION shall not be
submitted for a vote of the qualified voters more than twice.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become law; provided that the amend-
ments to section 2022 of the education law made by section one  of  this
act  shall  be  subject  to the expiration and reversion of such section
pursuant to section 13 of part A of chapter 97 of the laws of  2011,  as
amended,  when  upon such date the provisions of section two of this act
shall take effect.