S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5456
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation  to  library  and  school
   district  petitioning; and providing for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph 1 of paragraph b of subdivision 1 of section
 259 of the education law, as amended by chapter 184 of the laws of 2007,
 is amended to read as follows:
   (1) Except as provided in subparagraph two of this paragraph, whenever
 qualified voters of a municipality, in a number equal to  at  least  ten
 per  centum  of  the total number of votes cast in such municipality for
 governor at the last gubernatorial election, shall so petition  and  the
 library board of trustees shall endorse, the question of establishing or
 increasing  the  amount  of  funding  of the annual contribution for the
 operating budget of a registered public or free association  library  by
 such municipality to a sum specified in said petition, shall be voted on
 at  the  next  general  election of such municipality, provided that due
 public notice of the proposed action shall have been given.  EXCEPT THAT
 FOR THE YEAR TWO THOUSAND TWENTY-ONE, THE NUMBER OF QUALIFIED VOTERS  OF
 A  MUNICIPALITY  NEEDED  TO  PETITION  FOR PURPOSES OF THIS SUBPARAGRAPH
 SHALL BE AT LEAST TWENTY-FIVE. An increase in library  funding  provided
 pursuant to this paragraph shall not apply to a municipal budget adopted
 prior to the date of such election.
   §  2. Subdivision 8 of section 260 of the education law, as amended by
 chapter 717 of the laws of 1983, is amended to read as follows:
   8. Candidates for the office of trustee of  a  public  library  estab-
 lished and supported by a school district shall be nominated by petition
 which  shall meet the requirements of subdivision a of section two thou-
 sand eighteen of this chapter, except  that  such  candidates  shall  be

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

                                                            LBD09470-02-1

 A. 5456                             2
 
 elected  in the manner specified in subdivision b of such section except
 that the nominating petition filed pursuant to subdivision  a  or  b  of
 such  section shall be signed by a least twenty-five qualified voters of
 the library district, or two percent of the voters who voted in the last
 previous  annual  election  of members of the library board of trustees,
 whichever is greater.  EXCEPT THAT FOR THE YEAR TWO THOUSAND TWENTY-ONE,
 NOMINATING PETITIONS FILED BY CANDIDATES FOR THE OFFICE OF TRUSTEE OF  A
 PUBLIC  LIBRARY  ESTABLISHED AND SUPPORTED BY A SCHOOL DISTRICT SHALL BE
 SIGNED BY AT LEAST TWENTY-FIVE QUALIFIED VOTERS OF THE LIBRARY DISTRICT.
 The provisions of this subdivision shall not apply to a charter  granted
 prior to April thirtieth, nineteen hundred seventy-one that provides for
 a different procedure.
   § 3. Subdivisions a and c of section 2018 of the education law, subdi-
 vision a as amended by chapter 148 of the laws of 1980 and subdivision c
 as  amended  by section 22 of part A of chapter 436 of the laws of 1997,
 are amended to read as follows:
   a. In all union free school districts candidates  for  the  office  of
 member  of  the  board of education shall be nominated by petition. Each
 vacancy upon the board of education to be filled shall be  considered  a
 separate specific office. A separate petition shall be required to nomi-
 nate  a  candidate  to  each  separate  office.  Each  petition shall be
 directed to the clerk of the school district,  shall  be  signed  by  at
 least  twenty-five  qualified  voters of the district, or two percent of
 the voters who voted in the  [previous]  TWO  THOUSAND  NINETEEN  annual
 election of the members of the board of education, whichever is greater,
 such  number  to  be determined by the number of persons recorded on the
 poll list as having voted at such election shall state the residence  of
 each  signer,  shall  state  the name and residence of the candidate and
 shall describe the specific vacancy on the board of education for  which
 the candidate is nominated, which description shall include at least the
 length of the term of office and the name of the last incumbent, if any.
 In the event that any such nominee shall withdraw his candidacy prior to
 the  election,  such person shall not be considered a candidate unless a
 new petition nominating such person in the same manner  and  within  the
 same  time  limitations applicable to other candidates is filed with the
 clerk of the district. Each petition shall be filed in the office of the
 clerk of the district between the hours of nine a.m. and five p.m.,  not
 later than the thirtieth day preceding the school meeting or election at
 which  the  candidates  nominated  are to be elected. No person shall be
 nominated by petition for more than one separate office.
   c. In all common school districts, candidates for the office of member
 of the board of trustees shall be nominated by petition.  Such  petition
 shall  not  describe any specific vacancy on the board of trustees. Each
 petition shall be directed to the clerk of the school district and shall
 be signed by at least twenty-five qualified voters of  the  district  or
 two percent of the voters who voted in the [previous] TWO THOUSAND NINE-
 TEEN  annual election of the members of the board of trustees, whichever
 is greater. Such a petition shall state the residence  of  each  signer,
 and shall contain the name and residence of the candidate.
   § 4. Subdivision 1 of section 2608 of the education law, as amended by
 chapter 273 of the laws of 1987, is amended to read as follows:
   1.  Candidates  for members of the board of education in a city school
 district shall be nominated by petition directed to the board of  educa-
 tion  and  signed  by  at least [one hundred] FIFTY persons qualified to
 vote at school elections in such district. Such petition  shall  contain
 the  names  and  residences  of  the candidates for the vacancies in the

 A. 5456                             3
 
 board of education to be filled at the annual election.  Where a  propo-
 sition  has  been adopted by the voters of such district to require that
 each vacancy on the board of education to be filled shall be  considered
 a  separate  specific  office,  a separate petition shall be required to
 nominate a candidate to each separate office  and  such  petition  shall
 describe  the  specific  vacancy on the board of education for which the
 candidate is nominated, which description shall  include  at  least  the
 length of the term of office and the name of the last incumbent, if any.
 Such petitions shall be filed in the office of the clerk of the board of
 education between the hours of nine a.m. and five p.m., on or before the
 twentieth  day preceding the day of the annual election. The clerk shall
 refuse to accept petitions signed by an insufficient number of qualified
 voters, or petitions which are not timely. If a  candidate  for  whom  a
 nominating petition for the office of member of a board of education has
 been duly filed withdraws such petition, dies or becomes otherwise inel-
 igible  to  hold  such office at a time which is later than fifteen days
 before the last day for the filing of nominating petitions  as  provided
 in  this  subdivision, the time for filing nominating petitions for such
 office shall be extended to five p.m. on the  fifteenth  day  after  the
 date  on which the candidate withdrew, died or otherwise became ineligi-
 ble to hold such office, provided that no such nominating  petition  may
 be filed after five p.m. on the seventh day preceding the election.
   §  5. Paragraph (c) of subdivision 9 and subparagraph 1 of paragraph d
 of subdivision 10 of section 2553 of the education law, paragraph (c) of
 subdivision 9 as amended by chapter 211 of the laws of 1980 and subpara-
 graph 1 of paragraph d of subdivision 10 as amended by  chapter  561  of
 the laws of 2019, are amended to read as follows:
   (c)  Such  elections  for  such  officers  shall  be  governed  by the
 provisions of the election law in the  same  manner  as  candidates  for
 office  generally  to be elected by the voters of the city of Rochester;
 provided, however, that each such candidate shall be  required  to  file
 petitions containing at least [one thousand] THREE HUNDRED signatures.
   (1)  Such election for such office shall be governed by the provisions
 of the election law in the same manner as candidates for office general-
 ly to be elected by the voters of the city of  Buffalo.  Notwithstanding
 section 6-142 of the election law, each such candidate for election as a
 member of the board of education from a city school subdistrict shall be
 required  to  file  a  petition  containing signatures of at least [five
 hundred] THREE HUNDRED registered voters of such city school subdistrict
 in which he is a candidate and each candidate for election to the  board
 of education by the voters at large shall be required to file a petition
 containing  the  signatures  of  at  least  [one thousand] THREE HUNDRED
 registered voters of the city of Buffalo.
   § 6. This act shall take effect immediately and shall expire  December
 31, 2021, when upon such date the provisions of this act shall be deemed
 repealed.