S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3005                                                  A. 2326
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Education
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   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, as amended by section 7 of part A of  chapter  97  of
 the laws of 2011, 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, EXCEPT WHERE THE
 BOARD SHALL BY UNANIMOUS VOTE DECLARE THAT AN EMERGENCY EXISTS  AND  THE
 COMMISSIONER  DETERMINES THAT THE BEST INTERESTS OF THE DISTRICT REQUIRE
 THAT THE VOTE ON THE BOND RESOLUTION BE HELD ON A DIFFERENT DATE, 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 obser-
 vances.  The  sole  trustee,  board of trustees or board of education of
 every common, union free, central or central high  school  district  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07175-01-7

 S. 3005                             2                            A. 2326
 
 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.
   §  2.  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, EXCEPT WHERE THE
 BOARD SHALL BY UNANIMOUS VOTE DECLARE THAT AN EMERGENCY EXISTS  AND  THE
 COMMISSIONER  DETERMINES THAT THE BEST INTERESTS OF THE DISTRICT REQUIRE
 THAT THE VOTE ON THE BOND RESOLUTION BE HELD ON A DIFFERENT DATE, 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 obser-
 vances.  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 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  arti-
 cle  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.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided  that  the
 amendments  to  section 2022 of the education law made by section one 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  two  of
 this act shall take effect.