S T A T E   O F   N E W   Y O R K
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                                  1047

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens.  LAVALLE, FLANAGAN, MORAHAN, ONORATO -- 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 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 subdivision 1 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 and subdivision 1 as amended by
section 8 of part C of chapter 58 of the laws of 1998, are amended and a
new subdivision 1-a is added to read as follows:
  Vote on school district  budgets,  ON  BOND  RESOLUTIONS  and  on  the
election of school district trustees and board of education members.  1.
Notwithstanding  any  law,  rule  or  regulation  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05389-01-9
              

S. 1047                             2

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.
  1-A. ANY BOND RESOLUTION VOTED UPON PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION  MAY  ONLY  BE  RESUBMITTED  TO  THE  VOTERS OF THE SCHOOL
DISTRICT ONE TIME SUBSEQUENT TO SUCH VOTE.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.