NY State Senate Bill 2021-S3486

Senate Bill S3486

2021-2022 Legislative Session

Limits the time periods when a special district meeting for the purpose of voting on a school bond may be conducted

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Jan 29, 2021	referred to education

2021-S3486 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §416, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7584
2019-2020: S986

2021-S3486 (ACTIVE) - Summary

Limits the time periods when a special district meeting for the purpose of voting on a school bond may be conducted.

2021-S3486 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3486

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the education law, in relation to limiting the time
periods when a special district meeting for the purpose of voting on a
school bond may be conducted

 
PURPOSE OR GENERAL IDEA OF BILL:

To encourage greater turnout at elections that impact school budgets,
bonds, and taxes by increasing the likelihood that such votes will be
held on a primary or general election day and creating predictability
surrounding the dates the elections are held.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections one amends subdivision 3 of section 416 of the Education Law to
provide that school bond votes must be held within certain dates.

Section two establishes the effective date.

 
JUSTIFICATION:

This legislation would create a blackout period during which certain
school district bond votes cannot be held. Currently, the individual
school districts hold votes on issues such as bond referendums at their
absolute discretion which leads to voters not knowing that elections are
occurring or finding out after the fact. Votes are sometimes scheduled
during times where it would be expected that turnout will be low includ-
ing: the winter season, the week after a general election day, the week
before Christmas, and other dates without consistency which has the
practical impact of impeding turnout. The result of few voters for these
important bond votes may not be the intent but the public perception,
witnessed by extraordinary low voter turnout, is otherwise. The current
system creates several problems including lack of participation in a
matter that has far reaching impacts in the community and the accrual of
significant costs to the school district when multiple elections are
held on a single issue due to low turnout. By creating more predictabil-
ity and increasing the likelihood that these important issues will be
voted on during established election dates, voters will vote on these
important issues at a time and date that that is consistent with their
voting schedule and the financial burden will be alleviated by stream-
lining the voting process.

This bill also speaks to the legitimate concern raised by school
districts to allow flexibility for when they need to schedule a vote
outside of the already established election days. By creating black-out
periods for votes this bill prevents unduly burdening existing resources
and will hopefully lead to timely approval of projects to avoid delays
and additional costs while encouraging public participation in the proc-
ess.

 
PRIOR LEGISLATIVE HISTORY:

2019/20: S.986 - Referred to Education

 
EFFECTIVE DATE:
This act shall take effect July 1, 2022.

2021-S3486 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3486
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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  limiting  the  time
   periods when a special district meeting for the purpose of voting on a
   school bond may be conducted

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section  416  of  the  education  law,  as
 amended  by  chapter  171  of  the  laws  of 1996, is amended to read as
 follows:
   3. No addition to or change of site or purchase of a new site  or  tax
 for the purchase of any new site or structure, or for grading or improv-
 ing a school site, or for the purchase of an addition to the site of any
 schoolhouse,  or  for  the  purchase of lands and buildings for agricul-
 tural, athletic, playground or social center purposes, or  for  building
 any  new  schoolhouse  or for the erection of an addition to any school-
 house already built, or for the payment or refunding of  an  outstanding
 bonded  indebtedness, shall be voted at any such meeting in a union free
 school district or a city school district which conducts  annual  budget
 votes  in  accordance with article forty-one of this chapter pursuant to
 section twenty-six hundred one-a of this chapter, unless a notice by the
 board of education stating that such tax will be proposed, and  specify-
 ing  the  object  thereof  and the amount to be expended therefor, shall
 have been given in the manner provided herein for the notice of an annu-
 al meeting. In a common school district the notice of a special  meeting
 to authorize any of the improvements enumerated in this section shall be
 given as provided in section two thousand six. The board of education of
 a  union  free  school district or a city school district which conducts
 annual budget votes in accordance with article forty-one of this chapter
 pursuant to section twenty-six hundred one-a of this chapter, may deter-
 mine that the vote upon any question to be submitted at a special  meet-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04248-01-1

 S. 3486                             2
 
 ing  as  provided  in  this section shall be by ballot, in which case it
 shall state in the notice of such special meeting the hours during which
 the polls shall be kept open. Printed ballots may  be  prepared  by  the
 board  in  advance  of  the  meeting and the proposition or propositions
 called for in the notice of the meeting may be submitted in substantial-
 ly the same manner as  propositions  to  be  voted  upon  at  a  general
 election.  NO  SCHOOL  DISTRICT  IN  THE STATE, HOWEVER, SHALL CONDUCT A
 SPECIAL DISTRICT MEETING FOR THE PURPOSE OF VOTING ON A SCHOOL BOND,  AS
 AUTHORIZED  IN  THIS SECTION, BETWEEN THE GENERAL ELECTION THROUGH MARCH
 FIRST OF THE FOLLOWING YEAR AND BETWEEN THE  FOURTH  WEDNESDAY  IN  JUNE
 THROUGH THE FIRST MONDAY IN SEPTEMBER.
   § 2. This act shall take effect July 1, 2022.

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