BILL NUMBER: S8529

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to provide for a special district meeting for a school budget
revote; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would temporarily modify the deadline that school districts
must re-vote on an annual school budget.

 
SUMMARY OF PROVISIONS:

Section 1 provides that where the voters have defeated a school budget
at the June 9, 2020 annual meeting, the board of education or trustees
may hold a special meeting for a budget re-vote on the fourth Tuesday in
July. It also provides requirements for notice and a budget hearing.

              

Section 2 provides that this act shall take effect immediately and
expire and be deemed repealed September 31, 2020.

 
JUSTIFICATION:

In response to the ongoing COVID-19 Pandemic, the Governor issued Execu-
tive Order 202.26 delaying school board elections and budget votes
statewide until June 9, 2020. Subsequently, Governor Cuomo announced
that he will sign an Executive Order extending the deadline for mailed-
in absentee ballots to be received by the school district no later than
June 16th. However, budget re-votes, which are required under the Educa-
tion Law to be held on the third Tuesday in June, have not been
addressed.

If schools are not provided an opportunity for a budget re-vote,
districts will have to adopt a contingency budget for the entire fiscal
year beginning July 1, 2020 if the budget is defeated on June 9th.
Districts have voiced concern that this would lead to significant cuts,
including layoffs. However, allowing a budget re-vote in late July would
require that districts operate on a contingency budget for only one
month if the re-vote is successful.  This bill would allow for a school
budget re-vote on the fourth Tuesday in July. This will ensure that
school districts whose budgets have been defeated will have enough time
to determine whether to resubmit the same budget for a re-vote or
prepare and submit a revised budget. This also provides enough time
following the June 23rd primary elections for any challenges to those
elections to be resolved and for voting machines to be re-programmed for
use at the school budget re-vote.  Importantly, all affected regions of
the state are on track to reach Phase 4 of New York's phased reopening
plan by late July, which allows for mass gatherings. At this point, the
regions will have met the criteria to safely hold an in-person election
with proper social distancing measures in place.

The impact that COVID-19 has had on New York State is unprecedented, and
school districts already facing financial hardships. It is imperative
that school districts be given on opportunity to hold a re-vote and
avoid operating on a contingency budget.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed expired and
repealed on August 31, 2020.