NY State Senate Bill 2017-S7432A

Senate Bill S7432A

Signed By Governor

2017-2018 Legislative Session

Relates to the elections of members to the board of education of the city school district of the city of Albany; repealer

download bill text pdf

Archive: Last Bill Status Via A9040 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 24, 2018	signed chap.236
Aug 13, 2018	delivered to governor
May 09, 2018	returned to assembly passed senate 3rd reading cal.962 substituted for s7432a
May 09, 2018	substituted by a9040a
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.962
Mar 05, 2018	print number 7432a
Mar 05, 2018	amend (t) and recommit to education
Jan 18, 2018	referred to education

Votes

- May 9, 2018 - Floor Vote
  A9040
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Funke
  May 1, 2018 - Education Committee Vote
  S7432A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 1, 2018
      
      aye (19)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Brooks
      
      Croci
      
      Gallivan
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Montgomery
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky

Bill Amendments

Original

A (Active)

2017-S7432 - Details

See Assembly Version of this Bill:: A9040
Law Section:: Education Law
Laws Affected:: Rpld §2502 sub 9, amd §§2601 & 2601-a, Ed L

2017-S7432 - Summary

Relates to the elections of members to the board of education of the city school district of the city of Albany.

2017-S7432 - Sponsor Memo

2017-S7432 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7432                                                  A. 9040
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Education
 
 IN  ASSEMBLY  --  Introduced by M. of A. FAHY, McDONALD -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  the  elections  of
   members  to  the board of education of the city school district of the
   city of Albany
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  c,  h,  k,  m, n, o and p of subdivision 9 of
 section 2502 of the education law, paragraphs c and h as added by  chap-
 ter 65 of the laws of 1972, paragraph k as amended by chapter 221 of the
 laws  of  1995, and paragraphs m, n, o and p as amended by chapter 84 of
 the laws of 2017, are amended to read as follows:
   c. Such elections for such offices shall be governed by the provisions
 of [the election law in the same manner as candidates for office  gener-
 ally  to  be elected by the voters of the city of Albany] ARTICLE FIFTY-
 THREE OF THIS CHAPTER, provided, however, that each such candidate shall
 be required to file a petition containing signatures  of  at  least  two
 hundred  fifty  registered  voters  of the city of Albany which petition
 shall not contain any political  party  or  independent  body,  name  or
 emblem.  Each  petition shall contain the name of only one candidate and
 such petitions shall be filed with the clerk of the board of [elections]
 EDUCATION on or before the  last  day  to  file  independent  nominating
 petitions.
   h.  The  CLERK  OF  THE board of [elections] EDUCATION shall refuse to
 accept such petitions signed by  an  insufficient  number  of  qualified
 voters,  or  petitions which are not timely or petitions bearing a poli-
 tical party or independent body name or emblem.
   k. The board of [elections] EDUCATION shall cause to be printed  offi-
 cial  ballots  containing the names of all candidates as above provided,
 except that the board may refuse to have the names of ineligible  candi-
 dates  placed  on  such  ballots.  The  names of the candidates shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14188-01-8

 S. 7432                             2                            A. 9040
 
 arranged in the order as determined by the drawing by lot by  the  CLERK
 OF  THE board of [elections] EDUCATION in the manner specified under the
 provisions of paragraph b of subdivision two  of  section  two  thousand
 thirty-two  of  this [chapter] TITLE, and shall not bear the designation
 of any political party or independent body name or emblem. Blank  spaces
 shall  be  provided  so that voters may vote for candidates who have not
 been nominated for the offices to be filled at such elections. The  form
 of  such ballots shall conform substantially to the form of ballots used
 at general elections as prescribed in the  election  law.  SUCH  BALLOTS
 SHALL BE PRINTED AT THE EXPENSE OF THE CITY SCHOOL DISTRICT OF ALBANY.
   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]  EDUCATION,
 and prior to the date of the election, shall decline to accept the nomi-
 nation,  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 peti-
 tion shall in all respects comply with the provisions of paragraphs 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 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]
 FOUR  years,  commencing  on  the first day of 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 and  including  the  thirtieth
 day  of  June  next succeeding the first annual school election at which
 the vacancy can be filled.
   o. The members so elected to the board of education shall convene  [on
 the first business day in July of each year] FOR THEIR ANNUAL MEETING IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND FIVE HUNDRED FOUR
 OF THIS ARTICLE, IN JULY OF EACH YEAR at the time of the commencement of
 their  term of office and select from their members a president, AND, IF
 THEY CHOOSE TO DO SO, A VICE PRESIDENT AND SECRETARY,  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.

 S. 7432                             3                            A. 9040
 
   p. The election of members of the board of  education  of  the  school
 district  of  the  city  of  Albany shall take place at an annual school
 election held in such city at the time specified under the provisions of
 article fifty-three of this chapter. Such election shall be conducted by
 the  board  of  [elections  of  the county] EDUCATION OF THE CITY SCHOOL
 DISTRICT of Albany at the expense of such board of [elections] EDUCATION
 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 CLERK OF THE board of [elections] EDUCATION to the board  of  educa-
 tion  of such city SCHOOL DISTRICT. The clerk or other appropriate offi-
 cer of the board of  education  shall  within  twenty-four  hours  after
 receipt  of  such certification by the CLERK OF THE board of [elections]
 EDUCATION 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.
   § 2. This act shall take effect immediately.

2017-S7432A (ACTIVE) - Details

See Assembly Version of this Bill:: A9040
Law Section:: Education Law
Laws Affected:: Rpld §2502 sub 9, amd §§2601 & 2601-a, Ed L

2017-S7432A (ACTIVE) - Summary

Relates to the elections of members to the board of education of the city school district of the city of Albany.

2017-S7432A (ACTIVE) - Sponsor Memo

2017-S7432A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7432--A                                            A. 9040--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 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  the  elections  of
   members  to  the board of education of the city school district of the
   city of Albany; and to repeal subdivision 9 of  section  2502  of  the
   education law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section  2502  of  the  education  law  is
 REPEALED.
   §  2.  Section 2601 of the education law, as amended by chapter 171 of
 the laws of 1996, is amended to read as follows:
   § 2601. Application of article. This article shall apply to each  city
 school  district  of  a city which has less than one hundred twenty-five
 thousand inhabitants, according to the latest federal census, except  as
 otherwise  provided  in section twenty-six hundred one-a of this chapter
 and except as otherwise provided by  subdivision  [nine  or]  nine-a  of
 section twenty-five hundred two of this chapter.
   §  3. Subdivision 2 of section 2601-a of the education law, as amended
 by section 9 of part A of chapter 97 of the laws of 2011, is amended  to
 read as follows:
   2.  The board of education shall conduct all annual and special school
 district meetings for the purpose of adopting a school  district  budget
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14188-02-8

 S. 7432--A                          2                         A. 9040--A
 
 year,  provided,  however that such annual 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 budg-
 et  revote shall be held on the date and in the same manner specified in
 subdivision three of section two  thousand  seven  of  this  title.  The
 provisions of this article, and where applicable [subdivisions nine and]
 SUBDIVISION  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 qualification  and  regis-
 tration  of voters and voting procedures with respect to the adoption of
 a school district budget.
   § 4. Subdivision 2 of section 2601-a of the education law, as  amended
 by  section 6 of part M of chapter 57 of the laws of 2005, is amended to
 read as follows:
   2. The board of education shall conduct all annual and special  school
 district  meetings  for the purpose of adopting a school district budget
 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 annual 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 budg-
 et  revote shall be held on the date and in the same manner specified in
 subdivision three of section two  thousand  seven  of  this  title.  The
 provisions of this article, and where applicable [subdivisions nine and]
 SUBDIVISION  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 qualification  and  regis-
 tration  of voters and voting procedures with respect to the adoption of
 a school district budget.
   § 5. This act shall take effect immediately;  provided,  however,  the
 amendments  to subdivision 2 of section 2601-a of the education law made
 by section three 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 four of this act shall take effect.

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