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.
