S T A T E   O F   N E W   Y O R K
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     S. 3930--A                                            A. 3926--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
   ed,  and when printed to be committed to the Committee on Education --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 IN  ASSEMBLY  --  Introduced by M. of A. FAHY, McDONALD -- read once and
   referred to the Committee on Education -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law, in relation to altering the  date  of
   the elections of Albany city school district board members
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 2502  of  the  education  law,  as
 amended  by  chapter  698  of  the  laws  of 1989, is amended to read as
 follows:
   2. Each board of education  shall  consist  of  five,  seven  or  nine
 members,  to  be known as members of the board of education. In the city
 of Albany, such board shall consist of seven members; and in the city of
 Rensselaer, such board shall consist of five members; subject,  however,
 to  any  increase  or decrease of the number of members of such board as
 provided pursuant to the provisions of paragraph a of  subdivision  four
 of this section. Members of such board shall be elected by the qualified
 voters at large of the school district at annual school elections, under
 the  provisions  of  article  fifty-three of this chapter [except in the
 city school district of the city of  Albany];  provided,  however,  each
 board  of  education  may  upon its own motion, and shall upon a written
 petition, subscribed by not less than five hundred qualified  voters  of
 the  district,  cause  to  be  submitted at the annual school election a
 proposition to consider each vacancy upon the board of education a sepa-
 rate specific office requiring a separate petition to nominate a  candi-

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

                                                            LBD07287-03-7

 S. 3930--A                          2                         A. 3926--A
 
 date  to each separate office in accordance with the provisions of arti-
 cle fifty-three of this chapter.
   §  2.  Paragraphs b, d, m, n, o and p of subdivision 9 of section 2502
 of the education law, as added by chapter 65 of the laws  of  1972,  are
 amended to read as follows:
   b.  The  members  of  the board of education shall be elected at large
 throughout the city by the qualified voters at [a general  election]  AN
 ANNUAL  SCHOOL  ELECTION  TAKING  PLACE  AT THE TIME SPECIFIED UNDER THE
 PROVISIONS OF ARTICLE FIFTY-THREE OF THIS CHAPTER.
   d. No person shall be eligible for the office of member of such  board
 of  education  who 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  one  year  immediately preceding the date of his OR HER election;
 provided, however, that no person shall hold at the same time the office
 of member of the board of education and any other  elective  office  nor
 shall he OR SHE be a candidate for any other elective office at the same
 time  he OR SHE is a candidate for the office of member of such board of
 education.
   m. If a candidate, after a petition in his OR HER  behalf  shall  have
 been  duly  filed with the clerk of the board of elections, and prior to
 the date of the election, shall decline to accept the  nomination,  die,
 remove  from the district, accept or be a candidate for another elective
 office, or become otherwise disqualified for such city  school  district
 office,  a  further  petition  may  be filed with such clerk, nominating
 another candidate in his place and stead. Such further petition shall in
 all respects comply with the provisions of paragraphs [(c), (e) and  (g)
 of  this  section] C, E AND G OF THIS SUBDIVISION, except that it may be
 filed at any time up to and including the fifteenth  day  preceding  the
 date  of  the [general] ANNUAL SCHOOL election and the time within which
 to accept or object to such further petition shall be computed from  the
 date of filing or said fifteenth day whichever is earlier.
   n.  The  term  of  office  of  each member of such board shall be five
 years, commencing on the first day of [January] JULY  following  his  OR
 HER election, provided, however, that the members first elected shall be
 elected:    three  members  for three year terms; three members for four
 year terms; one member for a five year term. The candidates receiving  a
 plurality  of  the votes cast respectively for the several offices shall
 be declared elected. Where more than one office is to be filled by  such
 election  and  there  is a variance in the length of the terms for which
 such offices are to be filled as authorized by this  chapter,  or  where
 one  or  more persons are to be elected for a full term or terms and one
 or more persons are to be elected for the unexpired portion of a term or
 terms, or both, the candidate receiving  the  largest  number  of  votes
 shall  be  entitled to the longest term and the candidates receiving the
 next highest number of votes shall be entitled, in decreasing  order  of
 the  respective  numbers of votes, to the several offices, in decreasing
 order of the length of such terms or unexpired portions of terms.  When-
 ever  a  vacancy  shall  occur or exist in the office of A member of the
 board of education except by reason of expiration of term or increase in
 the number of members of such board, a majority of the remaining members
 of such board, shall elect a qualified person to fill the  vacancy.  The
 person  so elected shall hold office UP to [an] AND including the [thir-
 ty-first day of December] THIRTIETH DAY  OF  JUNE  next  succeeding  the
 first [general election] ANNUAL SCHOOL ELECTION at which the vacancy can
 be filled.

 S. 3930--A                          3                         A. 3926--A
 
   o.  The  members so elected to the board of education shall convene on
 the first business day in [January] JULY of each year at the time of the
 commencement of their term of office 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 OR HER office, as may be fixed by the rules
 and regulations of the board.
   p. The election of members of the board of  education  of  the  school
 district  of  the  city of Albany shall take place at [general elections
 held in such city] AN ANNUAL SCHOOL ELECTION HELD IN SUCH  CITY  AT  THE
 TIME SPECIFIED UNDER THE PROVISIONS OF ARTICLE FIFTY-THREE OF THIS CHAP-
 TER.  Such  election shall be conducted by the board of elections of the
 county of Albany [in the same manner as other elections are conducted by
 it] AT THE EXPENSE OF SUCH BOARD OF ELECTIONS  IN  THE  SAME  MANNER  AS
 OTHER  ELECTIONS  ARE  CONDUCTED  BY  IT. 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. The clerk or other
 appropriate officer of the board of education shall  within  twenty-four
 hours  after  receipt  of  such  certification by the board of elections
 serve a written notice either personally or by  mail  upon  each  person
 declared  to  be elected as a member of the board of education informing
 him of his election and the length of his term.
   § 3. Subdivision 1 of section 2602 of the education law, as amended by
 chapter 171 of the laws of 1996, is amended to read as follows:
   1. Except  as  otherwise  provided  in  this  chapter,  including  the
 provisions  of  this article, an annual school election shall be held on
 the same day as the annual budget vote pursuant  to  the  provisions  of
 article  forty-one of this chapter in each city school district[, except
 that the city school district of the city of Albany  shall  conduct  its
 annual  election  separately on the day specified in subdivision nine of
 section twenty-five hundred two of this chapter].
   § 4. This act shall take effect immediately and  shall  apply  to  any
 vacancies on the Albany city school district board occurring after 2017.