NY State Senate Bill 2015-S5038

Archive: Last Bill Status - In Senate Committee Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2016	print number 5038a
Jan 11, 2016	amend and recommit to education
Jan 06, 2016	referred to education
Apr 29, 2015	referred to education

Bill Amendments

Original

A (Active)

2015-S5038 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2552 & 2553, Ed L

2015-S5038 - Summary

Provides for the appointment of members of the board of education in the city of Buffalo; provides that the mayor shall appoint two members at large to serve 5 year terms subject to confirmation by the common council.

2015-S5038 - Sponsor Memo

                                BILL NUMBER:S5038

TITLE OF BILL:

An act to amend the education law, in relation to providing for the
appointment of members of the board of education in the city of
Buffalo; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OF BILL:

The purpose of this legislation is to allow the Mayor of the City of
Buffalo to nominate two members to the Board of Education in the City
of Buffalo, in addition to the nine sitting members who are elected to
the Board. These two appointments would be confirmed by the Buffalo
Common Council.

SUMMARY OF PROVISIONS:

Section 2552 and various subdivisions of Section 2553 of the education
law are being amended to provide for the appointment of two board
members which would be in addition to the election of nine members
currently provided therein. The amendments ensure that the provisions
of the education law apply to the appointed members as well as the
elected members. They also provide that a vacancy of an appointed
member be filled by the mayor within thirty days of the vacancy and

that the initial terms of the office of the appointed members
terminate at the same time as the at-large elected members in office
at the time of the appointment.

JUSTIFICATION:

The Board of Education in the City of Buffalo currently consists of
nine members, each of whom is elected to the Board. Six members are
elected from six school sub-districts within the city and three are
elected from the population of the city at-large. The Board previously
was comprised of seven at-large appointments made by the Mayor, In
1973, the education law was amended to provide the current
configuration.

This legislation allows for greater mayoral and community input into
the direction of the Buffalo Board of Education. The addition of two
mayoral appointments that would be confirmed by the Buffalo Common
Council would create greater accountability for the performance of the
Board and of the schools.

The appointments would have to be residents of the City of Buffalo and
would have three year terms that would correspond with the current
length of term for the district members.

This legislation also sunsets three years from being signed into law,
which allows for enough time to see whether mayoral input can improve
educational outcomes.

LEGISLATIVE HISTORY:

This is a New Bill.


FISCAL IMPLICATIONS:

No cost to the state.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed three years
after the bill is signed into law.

2015-S5038 - Bill Text download pdf

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

                                  5038

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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
  appointment of members of the  board  of  education  in  the  city  of
  Buffalo;  and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1.  Subdivision  a  of  section 2552 of the education law, as
amended by chapter 138 of the laws  of  1974,  is  amended  to  read  as
follows:
  a.  City  school  district  of  the  city  of Buffalo:   [nine] ELEVEN
members.
  S 2. Subdivision 1 of section 2553 of the education law, as separately
amended by chapters 211 and 441 of the laws of 1980, is amended to  read
as follows:
  1.  No  person shall be eligible to the office of member of a board of
education who is not a citizen of the United States, who is  not  quali-
fied  to  register  for  or  vote  at an election in accordance with the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of the city school district for which he is chosen for a  period  of  at
least  three  years  immediately  preceding  the date of his election or
appointment and who, in the case of the city school district of the city
of Buffalo, in the case of a member to be elected OR APPOINTED at  large
is  not  a  qualified voter of such city school district and who has not
been a resident of such district for a period of at  least  three  years
immediately preceding the date of his election OR APPOINTMENT and in the
case  of a member elected from a city school subdistrict is not a quali-
fied voter of such city school subdistrict and has not been  a  resident
of  the  city school district for three years and a resident of the city

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10711-03-5

S. 5038                             2

school subdistrict which he represents or seeks to represent for a peri-
od of one year immediately preceding the date of his election, and  who,
in the case of the city school district of the city of Rochester, is not
a  qualified  voter under section 5-102 of the election law of such city
school district; and who in the case of the city school district of  the
city  of  Syracuse has not been a qualified voter under section 5-102 of
the election law of such city school district for at least  ninety  days
immediately preceding the date of his election or appointment.
  S  3.  Paragraph  a of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  a.  The  members of the board of education of the city school district
of the city of Buffalo shall be elected by the qualified voters of  such
city OR APPOINTED BY THE MAYOR as provided herein.
  S  4.  Paragraph  c of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  c.  [The]  NINE  OF  THE members of the board of education of the city
school district of the city of Buffalo shall be elected as follows:  one
member  from  each of such six city school subdistricts within such city
by the qualified voters therein and  three  members  of  such  board  of
education  shall  be chosen by the qualified voters at large within such
city. THE REMAINING TWO MEMBERS OF SUCH  BOARD  OF  EDUCATION  SHALL  BE
APPOINTED  BY  THE MAYOR OF THE CITY OF BUFFALO AT LARGE FROM WITHIN THE
CITY SUBJECT TO THE CONFIRMATION OF SUCH APPOINTMENT BY A MAJORITY  VOTE
OF THE COMMON COUNCIL OF THE CITY OF BUFFALO.
  S  5.  Paragraph  n of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  n.  The term of office of each member of such board from a city school
subdistrict OR APPOINTED BY THE MAYOR shall be three years, and the term
of office of each such member of the board elected at large shall be for
five years. THE INITIAL TERM OF OFFICE OF EACH APPOINTED MEMBER  OF  THE
BOARD SHALL BEGIN ON JULY FIRST, TWO THOUSAND FIFTEEN. 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 plurality 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 AN ELECTED
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 vacan-
cy 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  qualifications  in this subdivision to enable him to be a candidate
for the office of a member of the board of education  from  the  subdis-
trict involved.

S. 5038                             3

  WHENEVER  A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE OF AN APPOINTED
MEMBER OF THE BOARD OF EDUCATION EXCEPT BY REASON OF EXPIRATION OF TERM,
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.
  S  6.  Paragraph  o of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  o.  The  members so elected to the board of education shall convene on
the first business day in  July  of  each  year,  at  the  time  of  the
commencement  of their term of office, WITH THE APPOINTED MEMBERS OF THE
BOARD 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 regulations of the board.
  S 7. This act shall take effect immediately and shall  expire  and  be
deemed  repealed  three  years  after such date; provided that the addi-
tional members of the board of education of the city school district  of
the city of Buffalo added by this act shall continue in office until the
end of their appointed term.

2015-S5038A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2552 & 2553, Ed L

2015-S5038A (ACTIVE) - Summary

2015-S5038A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5038A

 TITLE OF BILL :

An act to amend the education law, in relation to providing for the
appointment of members of the board of education in the city of
Buffalo; and providing for the repeal of such provisions upon
expiration thereof

 PURPOSE :

The purpose of this legislation is to allow the Mayor of the City of
Buffalo to nominate two members to the Board of Education in the City
of Buffalo, in addition to the nine sitting members who are elected to
the Board. These two appointments would be confirmed by the Buffalo
Common Council.

 SUMMARY OF PROVISIONS :

Section 2552 and various subdivisions of Section 2553 of the education
law are being amended to provide for the appointment of two board
members which would be in addition to the election of nine members
currently provided therein. The amendments ensure that the provisions
of the education law apply to the appointed members as well as the
elected members. They also provide that a vacancy of an appointed
member be filled by the mayor within thirty days of the vacancy and

that the initial terms of the office of the appointed members
terminate at the same time as the at-large elected members in office
at the time of the appointment.

 JUSTIFICATION :

The Board of Education in the City of Buffalo currently consists of
nine members, each of whom is elected to the Board. Six members are
elected from six school sub-districts within the city and three are
elected from the population of the city at-large. The Board previously
was comprised of seven at-large appointments made by the Mayor, In
1973, the education law was amended to provide the current
configuration.

This legislation allows for greater mayoral and community input into
the direction of the Buffalo Board of Education. The addition of two
mayoral appointments that would be confirmed by the Buffalo Common
Council would create greater accountability for the performance of the
Board and of the schools.

The appointments would have to be residents of the City of Buffalo and
would have three year terms that would correspond with the current
length of term for the district members.  This legislation also
sunsets three years from being signed into law, which allows for
enough time to see whether mayoral input can improve educational
outcomes.

 FISCAL IMPLEMENTATION :

No cost to the state.

 LEGISLATIVE HISTORY :

2016: Referred to Education 2015: Referred to Education

 EFFECTIVE DATE :
This act shall take effect immediately and shall be deemed three years
after the bill is signed into law.

2015-S5038A (ACTIVE) - Bill Text download pdf

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

                                 5038--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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
  appointment of members of the  board  of  education  in  the  city  of
  Buffalo;  and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1.  Subdivision  a  of  section 2552 of the education law, as
amended by chapter 138 of the laws  of  1974,  is  amended  to  read  as
follows:
  a.  City  school  district  of  the  city  of Buffalo:   [nine] ELEVEN
members.
  S 2. Subdivision 1 of section 2553 of the education law, as separately
amended by chapters 211 and 441 of the laws of 1980, is amended to  read
as follows:
  1.  No  person shall be eligible to the office of member of a board of
education who is not a citizen of the United States, who is  not  quali-
fied  to  register  for  or  vote  at an election in accordance with the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of the city school district for which he is chosen for a  period  of  at
least  three  years  immediately  preceding  the date of his election or
appointment and who, in the case of the city school district of the city
of Buffalo, in the case of a member to be elected OR APPOINTED at  large
is  not  a  qualified voter of such city school district and who has not
been a resident of such district for a period of at  least  three  years
immediately preceding the date of his election OR APPOINTMENT and in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10711-04-6

S. 5038--A                          2

case  of a member elected from a city school subdistrict is not a quali-
fied voter of such city school subdistrict and has not been  a  resident
of  the  city school district for three years and a resident of the city
school subdistrict which he represents or seeks to represent for a peri-
od  of one year immediately preceding the date of his election, and who,
in the case of the city school district of the city of Rochester, is not
a qualified voter under section 5-102 of the election law of  such  city
school  district; and who in the case of the city school district of the
city of Syracuse has not been a qualified voter under section  5-102  of
the  election  law of such city school district for at least ninety days
immediately preceding the date of his election or appointment.
  S 3. Paragraph a of subdivision 10 of section 2553  of  the  education
law,  as added by chapter 242 of the laws of 1974, is amended to read as
follows:
  a. The members of the board of education of the city  school  district
of  the city of Buffalo shall be elected by the qualified voters of such
city OR APPOINTED BY THE MAYOR as provided herein.
  S 4. Paragraph c of subdivision 10 of section 2553  of  the  education
law,  as added by chapter 242 of the laws of 1974, is amended to read as
follows:
  c. [The] NINE OF THE members of the board of  education  of  the  city
school  district of the city of Buffalo shall be elected as follows: one
member from each of such six city school subdistricts within  such  city
by  the  qualified  voters  therein  and  three members of such board of
education shall be chosen by the qualified voters at large  within  such
city.  THE  REMAINING  TWO  MEMBERS  OF SUCH BOARD OF EDUCATION SHALL BE
APPOINTED BY THE MAYOR OF THE CITY OF BUFFALO AT LARGE FROM  WITHIN  THE
CITY  SUBJECT TO THE CONFIRMATION OF SUCH APPOINTMENT BY A MAJORITY VOTE
OF THE COMMON COUNCIL OF THE CITY OF BUFFALO.
  S 5. Paragraph n of subdivision 10 of section 2553  of  the  education
law,  as added by chapter 242 of the laws of 1974, is amended to read as
follows:
  n. The term of office of each member of such board from a city  school
subdistrict OR APPOINTED BY THE MAYOR shall be three years, and the term
of office of each such member of the board elected at large shall be for
five  years.  THE INITIAL TERM OF OFFICE OF EACH APPOINTED MEMBER OF THE
BOARD SHALL BEGIN ON JULY FIRST, TWO THOUSAND SIXTEEN. 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 plurality 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  AN  ELECTED
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 vacan-
cy 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

S. 5038--A                          3

the qualifications in this subdivision to enable him to be  a  candidate
for  the  office  of a member of the board of education from the subdis-
trict involved.
  WHENEVER  A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE OF AN APPOINTED
MEMBER OF THE BOARD OF EDUCATION EXCEPT BY REASON OF EXPIRATION OF TERM,
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.
  S  6.  Paragraph  o of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  o.  The  members so elected to the board of education shall convene on
the first business day in  July  of  each  year,  at  the  time  of  the
commencement  of their term of office, WITH THE APPOINTED MEMBERS OF THE
BOARD 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 regulations of the board.
  S 7. This act shall take effect immediately and shall  expire  and  be
deemed  repealed  three  years  after such date; provided that the addi-
tional members of the board of education of the city school district  of
the city of Buffalo added by this act shall continue in office until the
end of their appointed term.

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Senate Bill S5038

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

2015-S5038 - Details

2015-S5038 - Summary

2015-S5038 - Sponsor Memo

2015-S5038 - Bill Text download pdf

2015-S5038A (ACTIVE) - Details

2015-S5038A (ACTIVE) - Summary

2015-S5038A (ACTIVE) - Sponsor Memo

2015-S5038A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5038

Share this bill

Sponsored By

Marc Panepinto

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

2015-S5038 - Details

2015-S5038 - Summary

2015-S5038 - Sponsor Memo

2015-S5038 - Bill Text download pdf

2015-S5038A (ACTIVE) - Details

2015-S5038A (ACTIVE) - Summary

2015-S5038A (ACTIVE) - Sponsor Memo

2015-S5038A (ACTIVE) - Bill Text download pdf

Comments