NY State Senate Bill 2019-S1057

Senate Bill S1057

2019-2020 Legislative Session

Provides for approval of a resolution for the consolidation or annexation of school districts by a majority of all qualified electors voting

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Archive: Last Bill Status - In Senate Committee Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2019	referred to education

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2019-S1057 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§1705, 1512, 1801, 1802, 1803-a & 1804, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4380
2013-2014: S2623
2015-2016: S2071
2017-2018: S843

2019-S1057 (ACTIVE) - Summary

Provides for approval of a resolution for the consolidation or annexation of school districts by a majority of all qualified electors voting.

2019-S1057 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1057

SPONSOR: YOUNG
 
PURPOSE:

The purpose of this bill is to provide for approval of a resolution for
the consolidation or annexation of school districts by a majority of all
qualified electors voting.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 1705 of the education law, as
amended by chapter 251 of the laws of 1993, to permit a majority vote of
voters of all school districts to approve the annexation of a one or
more common, union free or central school districts to one or more
adjoining union free school district.

Section 2 amends paragraph c of subdivision 2 of section 1705 of the
education law, as added by chapter 251 of the laws of 1993, to provide
that upon a majority vote as described in subdivision 1 of section 1705
of the education law, the affected districts would be annexed to the
existing union free school district.

Section 3 amends subdivision 1 of section 1512 of the education law, as
amended by chapter 461 of the laws of 1996, to permit a majority vote of
all qualified electors present and voting in favor of a resolution for
consolidation.

Section 4 amends subdivision 4 of section 1801 of the education law to
specify that a central school district cannot operate until organized by
qualified votes the affect school districts.

Section 5 amends paragraph b of subdivision 1 of section 1802 of the
education law, would require a petition requesting the organization of a
central school also request a special meeting of the qualified votes for
the school affected districts.

Section 6 amends subdivision 1 of section 1803-a of the education law,
as added by chapter 801 of the laws of 1950, to permit a majority vote
of all qualified electors present and voting in favor of an order laying
out a central school district.

Section 7 amends paragraph a of subdivision 2 of section 1803-a of the
education law, as added by chapter 801 of the laws of 1950, to require
that elections for the establishment of a central school district be
designated for a vote by all qualified votes in the affected districts.

Section 8 amends paragraph a of subdivision 6 of section 1804 of the
education law, as amended by chapter 554 of the laws of 1964, to require
that the board of education receive a majority vote of the newly
approved central school district in order to sell or otherwise dispose
of the property of the school district that existed prior to the
approved central school district.

Section 9 sets forth the effective date.

 
JUSTIFICATION:


Current law requires a majority of voters in each district approve a
proposed consolidation, annexation or centralization in order for a
resolution to be adopted. This makes it more difficult to consolidate or
centralize schools. In addition, a failing vote means that the issue
cannot be raised again for another year.

Both the New York State Commission on Needed Local Government Efficiency
and Competitiveness, and the New York State Commission on Property Tax
Relief released reports in 2008 that recommended school consolidations
and mergers as economically beneficial for school districts and by
extension the tax payers. In the spirit of cost savings and efficiency,
this bill would make it easier for school districts to combine and
generate those savings.

Also, both reports and the New York State Department of Education recog-
nized mergers and consolidations as a means to provide greater opportu-
nities to students, including advanced classes and specialized class-
rooms. This would be especially beneficial to small, frequently rural,
school district who are not able to provide these benefits to their
students due to their low student population and lack of resources.

 
LEGISLATIVE HISTORY:

2017,2018: S.843 Referred to Education
2015,2016: S.2071 Referred to Education
2013,2014: S. 2623 Referred to Education
2011,2012: S.4380 Referred to Education

 
FISCAL IMPLICATIONS:

None to the state. Potential to save money for taxpayers and local
government.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1057 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1057
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by Sens. YOUNG, FUNKE -- 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  the  annexation  of
   school  district territory and the consolidation of two or more school
   districts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 1705 of the education law, as
 added by chapter 251 of the laws of 1993, is amended to read as follows:
   1.   Territory may be annexed to  a  union  free  school  district  as
 provided in this section.
   a.  The  commissioner is authorized and empowered to make and enter in
 the commissioner's office orders dissolving one or  more  common,  union
 free  or  central  school  districts  and annexing the territory of such
 districts, or portions thereof, to one  or  more  adjoining  union  free
 school  districts,  subject  to  approval of A MAJORITY OF the voters of
 [each] ALL school [district] DISTRICTS affected thereby.
   b. When an order annexing territory to a union  free  school  district
 has  been made and entered as provided in this section, the commissioner
 shall, within ten days thereafter, cause certified copies of said  order
 to be filed with the clerk or school authorities of each school district
 affected  thereby.  Within  thirty  days  of  filing  of such order, the
 commissioner shall fix a time and place for a  special  meeting  of  the
 qualified  voters  of [each] THE school [district] DISTRICTS affected by
 the proposed annexation and shall cause notice thereof to be  posted  at
 least ten days before each such meeting in ten conspicuous places in the
 school [district] DISTRICTS.  In addition to the posting of such notice,
 a  copy thereof shall be duly published, at least three days before each
 such meeting, in a daily or weekly newspaper  published  within,  or  in
 general  circulation  in,  the school [district] DISTRICTS in which such
 meeting is to be held. The expense of posting and publishing such notice
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03947-01-9

 S. 1057                             2
 
 shall be a charge upon the school [district] DISTRICTS  conducting  such
 meeting.
   §  2.    Paragraph c of subdivision 2 of section 1705 of the education
 law, as added by chapter 251 of the laws of 1993, is amended to read  as
 follows:
   c.  If the resolution submitted to the voters as provided in paragraph
 a of this subdivision shall be adopted by A MAJORITY OF  the  voters  of
 [each]  THE  school  [district]  DISTRICTS  affected by the order of the
 commissioner, the territory described therein shall thereupon be annexed
 to the existing union free school district or districts as  provided  in
 such order.
   §  3.   Subdivision 1 of section 1512 of the education law, as amended
 by chapter 461 of the laws of 1996, is amended to read as follows:
   1. Such meeting shall be organized  as  provided  in  section  fifteen
 hundred  twenty-three  OF THIS ARTICLE.  Such meeting may adopt a resol-
 ution to consolidate such districts if two-thirds of the qualified elec-
 tors of each district having less than  fifteen  of  such  electors  are
 present,  or in case of districts having fifteen or more qualified elec-
 tors if ten or more are present. The vote upon such resolution shall  be
 by  ballot  or  by  taking  and recording the ayes and noes. If the vote
 shall be by taking and recording the ayes and noes, the clerk  and  such
 assistants  as may be provided for him by the meeting shall keep a poll-
 list upon which shall be recorded the names of  all  qualified  electors
 voting upon the resolution, the districts in which such electors reside,
 and how each elector voted.  If the vote shall be by ballot, one or more
 inspectors  of election shall be appointed in such manner as the meeting
 shall determine, who shall receive the votes cast, canvass the same  and
 announce the result of the ballot to the chairman.  If the vote shall be
 by  ballot  then voting machines may be used in the manner prescribed by
 section two thousand thirty-five of this chapter and provision shall  be
 made for absentee ballots as provided in section two thousand eighteen-a
 or  two  thousand eighteen-b of this chapter.  If it shall appear that a
 majority of  the  qualified  electors  present  and  voting  [from  each
 district]  are in favor of such resolution, it shall be declared adopted
 and where at least one of the districts consolidated  is  a  union  free
 school  district  it  shall  be  lawful  for  such meeting thereafter to
 proceed to the election of a board of education as provided in  sections
 seventeen  hundred two and seventeen hundred four of this chapter.  If a
 majority of  the  qualified  electors  present  and  voting  [from  each
 district]  are  not in favor of such resolution, all further proceedings
 at such meeting, except a motion to  reconsider  or  adjourn,  shall  be
 dispensed with and no such meeting shall be again called within one year
 thereafter.
   §  4. Subdivision 4 of section 1801 of the education law is amended to
 read as follows:
   4. No central school district laid out by order  of  the  commissioner
 shall  operate  as a central school district, nor be entitled to receive
 the benefits of a central school district until it has been organized by
 the qualified voters of the [district] SCHOOL DISTRICTS AFFECTED THEREBY
 in accordance with the provisions of this article, provided, however,  a
 central  school  district  which  was  organized prior to April seventh,
 nineteen hundred forty-four, or  pursuant  to  the  provisions  of  this
 section  and  to which territory may be annexed shall not be required to
 again organize.
   § 5. Paragraph b of subdivision 1 of section 1802 of the education law
 is amended to read as follows:

 S. 1057                             3
 
   b. Said petition shall  be  filed  with  the  commissioner  and  shall
 request  that  a meeting of the qualified voters [within said territory]
 OF THE SCHOOL DISTRICTS AFFECTED BY THE PROPOSED CENTRAL SCHOOL DISTRICT
 be called for the purpose of determining whether or not  such  territory
 shall  be organized as a central school district and a central school be
 established therein for instruction in elementary or elementary and high
 school subjects. If the commissioner is satisfied that the petition  has
 been  duly  signed  as provided in this section, he shall fix a time and
 place for a special meeting of the qualified voters within the [central]
 school [district] DISTRICTS AFFECTED BY  THE  CENTRAL  SCHOOL  DISTRICT,
 which  meeting  shall be held not more than thirty days after the filing
 of the petition aforesaid.  The commissioner shall cause notice of  such
 meeting  to  be  posted  at  least  ten days before the meeting in three
 conspicuous places in each school district wholly or partly  within  the
 central  school  district.  In addition to the posting of such notice, a
 copy thereof shall be published at least three days before  the  meeting
 in  a  daily  or weekly newspaper published within the territory or in a
 newspaper circulating therein. The expense of posting and publishing  of
 the notice shall be borne equally by the several school districts within
 the  territory,  unless a central school district is organized, in which
 event such expense shall  become  a  charge  upon  said  central  school
 district.
   § 6. Subdivision 1 of section 1803-a of the education law, as added by
 chapter 801 of the laws of 1950, is amended to read as follows:
   1.  When  an  order laying out a central school district has been made
 and entered as provided in section eighteen hundred one of this chapter,
 and the petitions referred to in  paragraph  a  of  subdivision  one  of
 section  eighteen hundred two thereof have been, or are being, presented
 and filed with the commissioner, a second petition may be  presented  by
 persons  qualified  to  vote  in  any  school  district, all of which is
 included in the area of the central school district as laid out by  such
 order,  and  which  school district at the time of such order maintained
 its own schoolhouse. Such second petition may  request  the  alternative
 voting  procedure  authorized by this section, and shall be signed by at
 least one hundred qualified voters of such district or by  a  number  of
 such  qualified voters equal to at least ten per centum of the pupils of
 such district as determined by the last school census,  whichever  shall
 be  less;  provided,  however,  that  such  second petition must, in any
 event, contain not less than ten signatures. Such second petition  shall
 be filed with the commissioner at the same time as the first petition is
 filed.  If  the  commissioner is satisfied that both petitions have been
 duly signed as provided by law, he shall fix a time  and  place  for  an
 election  of  the  qualified  voters  [within the central] OF THE school
 [district] DISTRICTS AFFECTED BY SUCH  CENTRAL  SCHOOL  DISTRICT,  which
 said  election  shall be held not more than thirty days after the filing
 of the petitions aforesaid.  The commissioner shall cause notice of such
 election to be posted at least ten days prior thereto in three conspicu-
 ous places in each school district wholly or partly within  the  central
 school district. In addition to the posting of such notice, a copy ther-
 eof  shall  be  published  at  least three days before the election in a
 daily or weekly newspaper published within the territory or in a newspa-
 per circulating therein. The expense of posting and  publishing  of  the
 notice shall be borne equally by the several school districts within the
 territory, unless a central school district is organized, in which event
 such expense shall become a charge upon said central school district.

 S. 1057                             4
 
   §  7.  Paragraph a of subdivision 2 of section 1803-a of the education
 law, as added by chapter 801 of the laws of 1950, is amended to read  as
 follows:
   a.  They  shall  take  place on a day and at a place designated by the
 commissioner for a vote by all the  qualified  voters  [within]  OF  the
 [central]  school  [district]  DISTRICTS  AFFECTED BY THE CENTRAL SCHOOL
 DISTRICT, except as otherwise provided in paragraph b of  this  subdivi-
 sion.
   §  8.  Paragraph  a  of subdivision 6 of section 1804 of the education
 law, as amended by chapter 554 of the laws of 1964, is amended  to  read
 as follows:
   a.  The  board of education shall not sell or otherwise dispose of the
 property of any such existing district except with  the  approval  of  a
 majority  of  the qualified voters of [such existing] THE CENTRAL SCHOOL
 district present and voting upon the  question  at  a  meeting  of  such
 voters  duly  called by such board of education; provided, however, that
 upon the expiration of five years from the date of discontinuance  of  a
 school,  pursuant  to  section  one  thousand eight hundred five of this
 chapter, the board of education may, in its discretion, without  a  vote
 by  such qualified voters upon such question, sell or otherwise dispose,
 in the manner provided by law, of such a school or other building previ-
 ously used for school purposes and the real  property  on  which  it  is
 situated.  For  that  purpose  the  proceeds of such sale or disposal of
 property belonging to such existing district, after deducting  the  cost
 of  repairs  or  improvements made after the organization of the central
 school district, shall be used for the payment of the portion payable by
 such existing district of any outstanding indebtedness of such  existing
 district  which  shall be due and payable or which may thereafter become
 due and payable. Any balance remaining after the payment of such indebt-
 edness shall  be  apportioned  among  the  taxpayers  of  such  existing
 district  as they appear upon the last completed town or city assessment
 roll preceding the date of sale, providing such  apportioned  sum  shall
 equal  or  exceed  five dollars and unless the voters of [such existing]
 THE CENTRAL SCHOOL district by a majority  vote  of  those  present  and
 voting  at  a  [special]  district meeting called for that purpose shall
 vote to turn over the proceeds of such sale or disposal of such property
 to the central district to be  used  for  the  benefit  of  the  central
 district.  Any balance of funds remaining in the treasury of the several
 districts included within the central school district on July first next
 following the date of the establishment of such central school district,
 after paying all outstanding obligations then due and payable, shall  be
 turned over to the treasurer of the central school district within thir-
 ty  days  thereafter  and shall become available for use by the board of
 education of the central school district; provided, however, that if any
 such existing district shall have any obligations which shall become due
 and payable after such July first, so much of any such balance of  funds
 as  may be necessary shall be held in a special account by the treasurer
 of the central school district for the purpose of paying  the  principal
 of,  and interest on, such obligations, as the same shall become due and
 payable from time to time. The title to all property erected  or  other-
 wise  acquired  after  the  organization of such central school district
 shall be vested in the central district, irrespective of the location of
 such property.
   § 9. This act shall take effect immediately.

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Senate Bill S1057

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Sponsored By

Catharine Young