NY State Senate Bill 2015-S5846

Senate Bill S5846

2015-2016 Legislative Session

Authorizes union free and central school district boards of education to establish wards for the purpose of school board elections

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1956 committee discharged and committed to rules
Jan 06, 2016	referred to education
Jun 08, 2015	referred to rules

Votes

- Jun 17, 2016 - Floor Vote
  S5846
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Ranzenhofer
      
      excused (1)
      
      Diaz
  Jun 17, 2016 - Rules Committee Vote
  S5846
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Gianaris
      
      Montgomery

co-Sponsors

2015-S5846 (ACTIVE) - Details

See Assembly Version of this Bill:: A8163
Current Committee:: Assembly Ways And Means
Law Section:: Education Law
Laws Affected:: Amd §§1702 & 1804, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6599, S8920, A881, A11053
2019-2020: S1633, A5943
2021-2022: S1792, A9172
2023-2024: S435, A1195

2015-S5846 (ACTIVE) - Summary

Authorizes the boards of education in union free school districts and central school districts to establish wards for the purpose of school board elections.

2015-S5846 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5846

TITLE OF BILL:

An act to amend the education law, in relation to the establishment of
school election wards in union free school districts and central
school districts

PURPOSE:

To permit school districts, organized under articles 35 and 37 of the
New York Education Law, to allow their voters the option to approve a
referendum that will restrict the election of candidates to the board
of education to the particular election district where those
candidates and the voters of that particular election district reside.

SUMMARY OF PROVISIONS:

Section 1-2: Authorizes boards of education to establish school
election wards for purposes of electing individual school board
members

Section 3: Effective Date

EXISTING LAW:

Under current law, school districts may not restrict the election of
candidates to the board of education to the particular election
district where those candidates and the voters of that particular
election district reside.

JUSTIFICATION:

School Districts in Upstate New York can encompass a wide geographical
area. There are School Districts which span multiple counties and
townships, and serve a diverse socioeconomic community.

Under current law, union free school districts and central school
districts, upon their own motion, may divide into separate election
districts However, current law does not permit a school district to
restrict candidates to run for office only in the election district
where they reside, or to limit voters to elect a candidate only from
the election district where they reside. In order to prevent
overrepresentation or underrepresentation of one geographical area
over the other, this legislation would give voters the option to
approve a referendum that will restrict the election of candidates to
the board of education to the particular election district where those
candidates and the voters of that particular election district reside.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to state.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5846 (ACTIVE) - Bill Text download pdf

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

                                  5846

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 8, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the  establishment  of
  school  election  wards  in  union  free  school districts and central
  school districts

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

  Section  1.  Section  1702 of the education law is amended by adding a
new subdivision 4 to read as follows:
  4. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT MAY, UPON RESOLUTION,
ESTABLISH  SCHOOL  ELECTION  WARDS  FOR  PURPOSES OF ELECTING INDIVIDUAL
TRUSTEES. THERE MAY BE AT LEAST THREE, BUT NOT MORE  THAN  NINE,  SCHOOL
ELECTION  WARDS  WITHIN  A  SCHOOL DISTRICT. ONE TRUSTEE SHALL BE CHOSEN
FROM EACH WARD BY THE QUALIFIED VOTERS THEREIN.
  B. UPON APPROVAL BY RESOLUTION, THE BOARD OF EDUCATION SHALL CONDUCT A
PUBLIC HEARING, AFTER WHICH A REFERENDUM SHALL BE PRESENTED FOR APPROVAL
BY A MAJORITY OF THE VOTERS AT THE NEXT SUCCEEDING GENERAL ELECTION.  IF
SO APPROVED, WITHIN FIVE MONTHS OF SUCH APPROVAL, THE BOARD OF EDUCATION
SHALL  DEFINE AND PUBLISH BY RESOLUTION BOUNDARIES OF EACH OF THE SCHOOL
ELECTION WARDS WHICH SAID WARDS SHALL BE CONTIGUOUS AND  EACH  OF  WHICH
SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS. SUCH
WARDS  SHALL BE ESTABLISHED FOR THE NEXT SCHOOL BOARD ELECTION FOLLOWING
VOTER APPROVAL OF THE REFERENDUM IN THE GENERAL ELECTION. UPON  ADOPTING
A  SYSTEM  COMPRISED  OF SCHOOL ELECTION WARDS, ALL SITTING SCHOOL BOARD
TRUSTEES SHALL SERVE THE REMAINDER OF HIS OR HER TERM, AND  HIS  OR  HER
SUCCESSOR  SHALL  BE  ELECTED  ON  THE BASIS OF THE SCHOOL ELECTION WARD
SYSTEM. THE BOUNDARIES OF THE SAID SCHOOL ELECTION WARDS MAY  THEREAFTER
BE  REDEFINED  BY  THE  BOARD OF EDUCATION BY RESOLUTION, AFTER A PUBLIC
HEARING THEREON, UPON EACH ISSUANCE OF A FEDERAL  DECENNIAL  CENSUS  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04546-05-5

S. 5846                             2

SUCH  RESOLUTION SHALL BE ESTABLISHED AT LEAST EIGHT MONTHS PRIOR TO THE
NEXT ELECTION FOR SCHOOL BOARD TRUSTEE OR TRUSTEES.
  C.  THE  TERM OF OFFICE OF EACH MEMBER OF A SCHOOL BOARD FROM A SCHOOL
ELECTION WARD SHALL BE THREE YEARS.
  D. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE  OFFICE  OF  A  WARD
TRUSTEE  OF A 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 TRUSTEES OF THE BOARD OF
EDUCATION WITHIN THIRTY  DAYS  OF  THE  DATE  SUCH  VACANCY  SHALL  HAVE
OCCURRED. NO PERSON SHALL BE APPOINTED TO FILL A VACANCY OF A WARD TRUS-
TEE  OF A BOARD OF EDUCATION UNLESS HE OR SHE FULFILLS ALL OF THE QUALI-
FICATIONS IN THIS SUBDIVISION TO ENABLE HIM OR HER TO BE A CANDIDATE FOR
THE OFFICE OF A  TRUSTEE  OF  THE  BOARD  OF  EDUCATION  FROM  THE  WARD
INVOLVED.
  S  2.  Section  1804  of  the education law is amended by adding a new
subdivision 13 to read as follows:
  13. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  A
BOARD  OF  EDUCATION  OF A CENTRAL SCHOOL DISTRICT MAY, UPON RESOLUTION,
ESTABLISH SCHOOL ELECTION WARDS  FOR  PURPOSES  OF  ELECTING  INDIVIDUAL
SCHOOL  BOARD  MEMBERS.  THERE  MAY BE AT LEAST THREE, BUT NOT MORE THAN
NINE, SCHOOL ELECTION WARDS WITHIN A SCHOOL DISTRICT. ONE  MEMBER  SHALL
BE CHOSEN FROM EACH WARD BY THE QUALIFIED VOTERS THEREIN.
  B. UPON APPROVAL BY RESOLUTION, THE BOARD OF EDUCATION SHALL CONDUCT A
PUBLIC HEARING, AFTER WHICH A REFERENDUM SHALL BE PRESENTED FOR APPROVAL
BY  A MAJORITY OF THE VOTERS AT THE NEXT SUCCEEDING GENERAL ELECTION. IF
SO APPROVED, WITHIN FIVE MONTHS OF SUCH APPROVAL, THE BOARD OF EDUCATION
SHALL DEFINE AND PUBLISH BY RESOLUTION BOUNDARIES OF EACH OF THE  SCHOOL
ELECTION  WARDS  WHICH  SAID WARDS SHALL BE CONTIGUOUS AND EACH OF WHICH
SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS. SUCH
WARDS SHALL BE ESTABLISHED FOR THE NEXT SCHOOL BOARD ELECTION  FOLLOWING
VOTER  APPROVAL OF THE REFERENDUM IN THE GENERAL ELECTION. UPON ADOPTING
A SYSTEM COMPRISED OF SCHOOL ELECTION WARDS, ALL  SITTING  SCHOOL  BOARD
MEMBERS  SHALL  SERVE  THE  REMAINDER OF HIS OR HER TERM, AND HIS OR HER
SUCCESSOR SHALL BE ELECTED ON THE BASIS  OF  THE  SCHOOL  ELECTION  WARD
SYSTEM.  THE BOUNDARIES OF THE SAID SCHOOL ELECTION WARDS MAY THEREAFTER
BE REDEFINED BY THE BOARD OF EDUCATION BY  RESOLUTION,  AFTER  A  PUBLIC
HEARING  THEREON,  UPON  EACH ISSUANCE OF A FEDERAL DECENNIAL CENSUS AND
SUCH RESOLUTION SHALL BE ESTABLISHED AT LEAST EIGHT MONTHS PRIOR TO  THE
NEXT ELECTION FOR SCHOOL BOARD MEMBER OR MEMBERS.
  C.  THE  TERM OF OFFICE OF EACH MEMBER OF A SCHOOL BOARD FROM A SCHOOL
ELECTION WARD SHALL BE THREE YEARS.
  D. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE  OFFICE  OF  A  WARD
MEMBER  OF  A 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  SUCH  VACANCY  SHALL  HAVE
OCCURRED.  NO  PERSON  SHALL  BE  APPOINTED  TO FILL A VACANCY OF A WARD
MEMBER OF A BOARD OF EDUCATION UNLESS HE OR  SHE  FULFILLS  ALL  OF  THE
QUALIFICATIONS  IN  THIS SUBDIVISION TO ENABLE HIM OR HER TO BE A CANDI-
DATE FOR THE OFFICE OF A MEMBER OF THE BOARD OF EDUCATION FROM THE  WARD
INVOLVED.
  S 3. This act shall take effect immediately.

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Senate Bill S5846

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Sponsored By

William Larkin