S T A T E O F N E W Y O R K
________________________________________________________________________
8332
2017-2018 Regular Sessions
I N A S S E M B L Y
June 8, 2017
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Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to the approval or
authorization of school bonds, school taxes, and school budgets for
city school districts in cities having a population of less than one
hundred twenty-five thousand inhabitants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 416 of the education law is renum-
bered subdivision 8 and a new subdivision 7 is added to read as follows:
7. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE APPROVAL
OR AUTHORIZATION OF SCHOOL BONDS, SCHOOL TAXES AND SCHOOL BUDGETS FOR
CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION OF LESS THAN ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS. THE APPROVAL OR AUTHORIZATION
OF SCHOOL BONDS, SCHOOL TAXES, AND SCHOOL BUDGETS IN CITY SCHOOL
DISTRICTS HAVING A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS SHALL BE CONDUCTED AT A GENERAL OR SPECIAL ELECTION BY
THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS
LOCATED. THE SCHOOL DISTRICT IN THE COUNTY IN WHICH THE SCHOOL DISTRICT
IS LOCATED, IN CONSULTATION WITH THE BOARD OF ELECTIONS, SHALL DETERMINE
THE DATE OF ANY SUCH ELECTION; PROVIDED, HOWEVER, THAT THE DATE OF SUCH
ELECTION SHALL NOT BE SET FOR ANY DAY AFTER THE GENERAL ELECTION UNTIL
MARCH FIRST OF THE FOLLOWING YEAR. THE SCHOOL DISTRICT, IN CONSULTATION
WITH THE BOARD OF ELECTIONS, MAY SET THE DATE FOR ANY SUCH ELECTION
OUTSIDE OF SUCH PERIOD. IF A CITY SCHOOL DISTRICT IS LOCATED WITHIN
MORE THAN ONE COUNTY, THE ELECTION SHALL BE CONDUCTED BY THE RESPECTIVE
BOARDS OF ELECTIONS. POLLING SITES FOR SUCH ELECTIONS SHALL BE DETER-
MINED BY THE SCHOOL DISTRICT.
(B) SUCH ELECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF THE ELECTION LAW, AT THE EXPENSE OF THE SCHOOL DISTRICT,
AND UNDER THE ADMINISTRATION OF THE BOARD OF ELECTIONS IN THE COUNTY IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08414-05-7
A. 8332 2
WHICH THE SCHOOL DISTRICT IS LOCATED IN THE SAME MANNER AS OTHER
ELECTIONS CONDUCTED BY SUCH BOARD OF 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.
§ 2. Section 2529 of the education law, as added by chapter 762 of the
laws of 1950, is amended to read as follows:
§ 2529. Tax election. 1. The board of education may call a special
election in the manner provided in article fifty-three of this chapter
and submit to the qualified voters of the school district a proposition
to expend a sum of money in excess of twenty-five thousand dollars for
an addition to, or change of site, or purchase of a new site or struc-
ture, or for grading or improving a school site, or for the purchase of
lands and buildings for agricultural, athletic, playground or social
center purposes, or for building any new school, or for the erection of
an addition to any school, or for the reconstruction or repair of any
school. Such expenditures, when made pursuant to this section, shall be
made only during the fiscal year for which a tax is to be levied. The
provisions of article fifty-three shall apply to such elections.
2. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE APPROVAL
OR AUTHORIZATION OF SCHOOL BONDS, SCHOOL TAXES AND SCHOOL BUDGETS FOR
CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION OF LESS THAN ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS. THE APPROVAL OR AUTHORIZATION
OF SCHOOL BONDS, SCHOOL TAXES, AND SCHOOL BUDGETS IN CITY SCHOOL
DISTRICTS HAVING A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS SHALL BE CONDUCTED AT A GENERAL OR SPECIAL ELECTION BY
THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS
LOCATED. THE SCHOOL DISTRICT IN THE COUNTY IN WHICH THE SCHOOL DISTRICT
IS LOCATED, IN CONSULTATION WITH THE BOARD OF ELECTIONS, SHALL DETERMINE
THE DATE OF ANY SUCH ELECTION; PROVIDED, HOWEVER, THAT THE DATE OF SUCH
ELECTION SHALL NOT BE SET FOR ANY DAY AFTER THE GENERAL ELECTION UNTIL
MARCH FIRST OF THE FOLLOWING YEAR. THE SCHOOL DISTRICT, IN CONSULTATION
WITH THE BOARD OF ELECTIONS, MAY SET THE DATE FOR ANY SUCH ELECTION
OUTSIDE OF SUCH PERIOD. IF A CITY SCHOOL DISTRICT IS LOCATED WITHIN
MORE THAN ONE COUNTY, THE ELECTION SHALL BE CONDUCTED BY THE RESPECTIVE
BOARDS OF ELECTIONS. POLLING SITES FOR SUCH ELECTIONS SHALL BE DETER-
MINED BY THE SCHOOL DISTRICT.
(B) SUCH ELECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF THE ELECTION LAW, AT THE EXPENSE OF THE SCHOOL DISTRICT,
AND UNDER THE ADMINISTRATION OF THE BOARD OF ELECTIONS IN THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED IN THE SAME MANNER AS OTHER
ELECTIONS CONDUCTED BY SUCH BOARD OF 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.
§ 3. Section 2530 of the education law, as amended by chapter 171 of
the laws of 1996, is amended to read as follows:
§ 2530. Power to contract indebtedness. 1. Each city school district
shall be authorized to expend money for any of the objects or purposes
which it is authorized to accomplish by law and may contract indebt-
edness in its name pursuant to the local finance law. The provisions of
section four hundred sixteen of this chapter shall be applicable to such
districts.
2. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE APPROVAL
OR AUTHORIZATION OF SCHOOL BONDS, SCHOOL TAXES AND SCHOOL BUDGETS FOR
CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION OF LESS THAN ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS. THE APPROVAL OR AUTHORIZATION
OF SCHOOL BONDS, SCHOOL TAXES, AND SCHOOL BUDGETS IN CITY SCHOOL
A. 8332 3
DISTRICTS HAVING A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS SHALL BE CONDUCTED AT A GENERAL OR SPECIAL ELECTION BY
THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS
LOCATED. THE SCHOOL DISTRICT IN THE COUNTY IN WHICH THE SCHOOL DISTRICT
IS LOCATED, IN CONSULTATION WITH THE BOARD OF ELECTIONS, SHALL DETERMINE
THE DATE OF ANY SUCH ELECTION; PROVIDED, HOWEVER, THAT THE DATE OF SUCH
ELECTION SHALL NOT BE SET FOR ANY DAY AFTER THE GENERAL ELECTION UNTIL
MARCH FIRST OF THE FOLLOWING YEAR. THE SCHOOL DISTRICT, IN CONSULTATION
WITH THE BOARD OF ELECTIONS, MAY SET THE DATE FOR ANY SUCH ELECTION
OUTSIDE OF SUCH PERIOD. IF A CITY SCHOOL DISTRICT IS LOCATED WITHIN
MORE THAN ONE COUNTY, THE ELECTION SHALL BE CONDUCTED BY THE RESPECTIVE
BOARDS OF ELECTIONS. POLLING SITES FOR SUCH ELECTIONS SHALL BE DETER-
MINED BY THE SCHOOL DISTRICT.
(B) SUCH ELECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF THE ELECTION LAW, AT THE EXPENSE OF THE SCHOOL DISTRICT,
AND UNDER THE ADMINISTRATION OF THE BOARD OF ELECTIONS IN THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED IN THE SAME MANNER AS OTHER
ELECTIONS CONDUCTED BY SUCH BOARD OF 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.
§ 4. Subdivisions 2 and 4 of section 2601-a of the education law, as
amended by section 9 of part A of chapter 97 of the laws of 2011, are
amended to read as follows:
2. [The board of education shall conduct all] (A) ALL annual and
special school district meetings for the purpose of adopting a school
district budget SHALL BE CONDUCTED in the same manner as a union free
school district in accordance with the provisions of article forty-one
of this title, except as otherwise provided by this section. The annual
meeting and election of each such city school district shall be held on
the third Tuesday of May in each year, provided, however that such annu-
al meeting and 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, and any school budget revote shall be held on the date and
in the same manner specified in subdivision three of section two thou-
sand seven of this title. The provisions of this article, and where
applicable subdivisions nine and nine-a of section twenty-five hundred
two of this title, governing the qualification and registration of
voters, and procedures for the nomination and election of members of the
board of education shall continue to apply, and shall govern the quali-
fication and registration of voters and voting procedures with respect
to the adoption of a school district budget. ALL SUCH ELECTIONS SHALL
BE CONDUCTED AT A GENERAL OR SPECIAL ELECTION BY THE BOARD OF ELECTIONS
OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. IF A CITY SCHOOL
DISTRICT IS LOCATED WITHIN MORE THAN ONE COUNTY, THE ELECTION SHALL BE
CONDUCTED BY THE RESPECTIVE BOARDS OF ELECTIONS. POLLING SITES FOR SUCH
ELECTIONS SHALL BE DETERMINED BY THE SCHOOL DISTRICT.
(B) SUCH ELECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF ELECTION LAW, AT THE EXPENSE OF THE SCHOOL DISTRICT, AND
UNDER THE ADMINISTRATION OF THE BOARD OF ELECTIONS IN THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED IN THE SAME MANNER AS OTHER
ELECTIONS CONDUCTED BY SUCH BOARD OF 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.
4. The budget adoption process shall conform to the requirements set
forth in section two thousand twenty-three-a of this title. In the event
A. 8332 4
the qualified voters of the district reject the budget proposed pursuant
to subdivision three of this section, the board may propose to the
voters a revised budget pursuant to subdivision three of section two
thousand seven of this title [or may adopt a contingency budget pursuant
to subdivision five of this section and subdivision five of section two
thousand twenty-two of this title]. ANY SUCH ELECTIONS SHALL BE HELD ON
THE DATE OF THE FALL PRIMARY PURSUANT TO SECTION 8-100 OF THE ELECTION
LAW AND SHALL BE CONDUCTED BY THE BOARD OF ELECTIONS OF THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED IN ACCORDANCE WITH THE PROVISIONS
OF SUBDIVISION TWO OF THIS SECTION. IN THE EVENT THE QUALIFIED VOTERS
REJECT THE RESUBMITTED BUDGET, THE BOARD OF ELECTIONS OF THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED SHALL CONDUCT A THIRD ELECTION TO
BE HELD ON THE DATE OF THE GENERAL PRIMARY PURSUANT TO SECTION 8-100 OF
THE ELECTION LAW, NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE
CONTRARY. SUCH ELECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. The school district budg-
et for any school year, or any part of such budget or any propositions
involving the expenditure of money for such school year shall not be
submitted for a vote of the qualified voters more than [twice] THREE
TIMES. In the event the qualified voters reject the resubmitted budget,
the board shall adopt a contingency budget in accordance with subdivi-
sion five of this section and subdivision five of such section two thou-
sand twenty-two of this title.
§ 5. Subdivisions 2 and 4 of section 2601-a of the education law,
subdivision 2 as amended by section 6 and subdivision 4 as amended by
section 8 of part M of chapter 57 of the laws of 2005, are amended to
read as follows:
2. [The board of education shall conduct all] (A) ALL annual and
special school district meetings for the purpose of adopting a school
district budget SHALL BE CONDUCTED in the same manner as a union free
school district in accordance with the provisions of article forty-one
of this title, except as otherwise provided by this section. The annual
meeting and election of each such city school district shall be held on
the third Tuesday of May in each year, provided, however that such annu-
al meeting and 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, and any school budget revote shall be held on the date and
in the same manner specified in subdivision three of section two thou-
sand seven of this title. The provisions of this article, and where
applicable subdivisions nine and nine-a of section twenty-five hundred
two of this title, governing the qualification and registration of
voters, and procedures for the nomination and election of members of the
board of education shall continue to apply, and shall govern the quali-
fication and registration of voters and voting procedures with respect
to the adoption of a school district budget. ALL SUCH ELECTIONS SHALL
BE CONDUCTED AT A GENERAL OR SPECIAL ELECTION BY THE BOARD OF ELECTIONS
OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. IF A CITY SCHOOL
DISTRICT IS LOCATED WITHIN MORE THAN ONE COUNTY, THE ELECTION SHALL BE
CONDUCTED BY THE RESPECTIVE BOARDS OF ELECTIONS. POLLING SITES FOR SUCH
ELECTIONS SHALL BE DETERMINED BY THE SCHOOL DISTRICT.
(B) SUCH ELECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF THE ELECTION LAW, AT THE EXPENSE OF THE SCHOOL DISTRICT,
AND UNDER THE ADMINISTRATION OF THE BOARD OF ELECTIONS IN THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED IN THE SAME MANNER AS OTHER
ELECTIONS CONDUCTED BY SUCH BOARD OF ELECTIONS. THE RESULTS OF SUCH
A. 8332 5
ELECTIONS, AFTER CANVASSING, SHALL BE CERTIFIED AND REPORTED BY THE
BOARD OF ELECTIONS TO THE BOARD OF EDUCATION OF SUCH CITY.
4. In the event the qualified voters of the district reject the budget
proposed pursuant to subdivision three of this section, the board may
propose to the voters a revised budget pursuant to subdivision three of
section two thousand seven of this title [or may adopt a contingency
budget pursuant to subdivision five of this section and subdivision five
of section two thousand twenty-two of this title]. ANY SUCH ELECTIONS
SHALL BE HELD ON THE DATE OF THE FALL PRIMARY PURSUANT TO SECTION 8-100
OF THE ELECTION LAW AND SHALL BE CONDUCTED BY THE BOARD OF ELECTIONS OF
THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED IN ACCORDANCE WITH
THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. IN THE EVENT THE
QUALIFIED VOTERS REJECT THE RESUBMITTED BUDGET, THE BOARD OF ELECTIONS
OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED SHALL CONDUCT A
THIRD ELECTION TO BE HELD ON THE DATE OF THE GENERAL PRIMARY PURSUANT TO
SECTION 8-100 OF THE ELECTION LAW, NOTWITHSTANDING ANY LAW, RULE OR
REGULATION TO THE CONTRARY. SUCH ELECTIONS SHALL BE CONDUCTED IN ACCORD-
ANCE WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. 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
shall not be submitted for a vote of the qualified voters more than
[twice] THREE TIMES. In the event the qualified voters reject the
resubmitted budget, the board shall adopt a contingency budget in
accordance with subdivision five of this section and subdivision five of
such section two thousand twenty-two of this title.
§ 6. This act shall take effect January 31, 2018 and shall apply to
all elections relating to the approval or authorization of school bonds,
school taxes, and school budgets for city school districts in cities
having a population of less than one hundred twenty-five thousand inhab-
itants held on and after such effective date; provided, however that the
amendments to subdivisions 2 and 4 of section 2601-a of the education
law made by section four of this act shall be subject to the expiration
and reversion of such section pursuant to section 13 of part A of chap-
ter 11 of the laws of 1997, as amended, when upon such date, the
provisions of section five of this act shall take effect.