Bill Text: NY S05846 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes the boards of education in union free school districts and central school districts to establish wards for the purpose of school board elections.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-06-17 - referred to ways and means [S05846 Detail]

Download: New_York-2015-S05846-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5846
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 8, 2015
                                      ___________
       Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the education law, in relation to the  establishment  of
         school  election  wards  in  union  free  school districts and central
         school districts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  1702 of the education law is amended by adding a
    2  new subdivision 4 to read as follows:
    3    4. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
    4  BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT MAY, UPON RESOLUTION,
    5  ESTABLISH  SCHOOL  ELECTION  WARDS  FOR  PURPOSES OF ELECTING INDIVIDUAL
    6  TRUSTEES. THERE MAY BE AT LEAST THREE, BUT NOT MORE  THAN  NINE,  SCHOOL
    7  ELECTION  WARDS  WITHIN  A  SCHOOL DISTRICT. ONE TRUSTEE SHALL BE CHOSEN
    8  FROM EACH WARD BY THE QUALIFIED VOTERS THEREIN.
    9    B. UPON APPROVAL BY RESOLUTION, THE BOARD OF EDUCATION SHALL CONDUCT A
   10  PUBLIC HEARING, AFTER WHICH A REFERENDUM SHALL BE PRESENTED FOR APPROVAL
   11  BY A MAJORITY OF THE VOTERS AT THE NEXT SUCCEEDING GENERAL ELECTION.  IF
   12  SO APPROVED, WITHIN FIVE MONTHS OF SUCH APPROVAL, THE BOARD OF EDUCATION
   13  SHALL  DEFINE AND PUBLISH BY RESOLUTION BOUNDARIES OF EACH OF THE SCHOOL
   14  ELECTION WARDS WHICH SAID WARDS SHALL BE CONTIGUOUS AND  EACH  OF  WHICH
   15  SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS. SUCH
   16  WARDS  SHALL BE ESTABLISHED FOR THE NEXT SCHOOL BOARD ELECTION FOLLOWING
   17  VOTER APPROVAL OF THE REFERENDUM IN THE GENERAL ELECTION. UPON  ADOPTING
   18  A  SYSTEM  COMPRISED  OF SCHOOL ELECTION WARDS, ALL SITTING SCHOOL BOARD
   19  TRUSTEES SHALL SERVE THE REMAINDER OF HIS OR HER TERM, AND  HIS  OR  HER
   20  SUCCESSOR  SHALL  BE  ELECTED  ON  THE BASIS OF THE SCHOOL ELECTION WARD
   21  SYSTEM. THE BOUNDARIES OF THE SAID SCHOOL ELECTION WARDS MAY  THEREAFTER
   22  BE  REDEFINED  BY  THE  BOARD OF EDUCATION BY RESOLUTION, AFTER A PUBLIC
   23  HEARING THEREON, UPON EACH ISSUANCE OF A FEDERAL  DECENNIAL  CENSUS  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04546-05-5
       S. 5846                             2
    1  SUCH  RESOLUTION SHALL BE ESTABLISHED AT LEAST EIGHT MONTHS PRIOR TO THE
    2  NEXT ELECTION FOR SCHOOL BOARD TRUSTEE OR TRUSTEES.
    3    C.  THE  TERM OF OFFICE OF EACH MEMBER OF A SCHOOL BOARD FROM A SCHOOL
    4  ELECTION WARD SHALL BE THREE YEARS.
    5    D. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE  OFFICE  OF  A  WARD
    6  TRUSTEE  OF A BOARD OF EDUCATION, EXCEPT BY REASON OF EXPIRATION OF TERM
    7  OR INCREASE IN THE NUMBER OF MEMBERS OF SUCH BOARD, SUCH  VACANCY  SHALL
    8  BE  FILLED  BY A MAJORITY VOTE OF THE REMAINING TRUSTEES OF THE BOARD OF
    9  EDUCATION WITHIN THIRTY  DAYS  OF  THE  DATE  SUCH  VACANCY  SHALL  HAVE
   10  OCCURRED. NO PERSON SHALL BE APPOINTED TO FILL A VACANCY OF A WARD TRUS-
   11  TEE  OF A BOARD OF EDUCATION UNLESS HE OR SHE FULFILLS ALL OF THE QUALI-
   12  FICATIONS IN THIS SUBDIVISION TO ENABLE HIM OR HER TO BE A CANDIDATE FOR
   13  THE OFFICE OF A  TRUSTEE  OF  THE  BOARD  OF  EDUCATION  FROM  THE  WARD
   14  INVOLVED.
   15    S  2.  Section  1804  of  the education law is amended by adding a new
   16  subdivision 13 to read as follows:
   17    13. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  A
   18  BOARD  OF  EDUCATION  OF A CENTRAL SCHOOL DISTRICT MAY, UPON RESOLUTION,
   19  ESTABLISH SCHOOL ELECTION WARDS  FOR  PURPOSES  OF  ELECTING  INDIVIDUAL
   20  SCHOOL  BOARD  MEMBERS.  THERE  MAY BE AT LEAST THREE, BUT NOT MORE THAN
   21  NINE, SCHOOL ELECTION WARDS WITHIN A SCHOOL DISTRICT. ONE  MEMBER  SHALL
   22  BE CHOSEN FROM EACH WARD BY THE QUALIFIED VOTERS THEREIN.
   23    B. UPON APPROVAL BY RESOLUTION, THE BOARD OF EDUCATION SHALL CONDUCT A
   24  PUBLIC HEARING, AFTER WHICH A REFERENDUM SHALL BE PRESENTED FOR APPROVAL
   25  BY  A MAJORITY OF THE VOTERS AT THE NEXT SUCCEEDING GENERAL ELECTION. IF
   26  SO APPROVED, WITHIN FIVE MONTHS OF SUCH APPROVAL, THE BOARD OF EDUCATION
   27  SHALL DEFINE AND PUBLISH BY RESOLUTION BOUNDARIES OF EACH OF THE  SCHOOL
   28  ELECTION  WARDS  WHICH  SAID WARDS SHALL BE CONTIGUOUS AND EACH OF WHICH
   29  SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS. SUCH
   30  WARDS SHALL BE ESTABLISHED FOR THE NEXT SCHOOL BOARD ELECTION  FOLLOWING
   31  VOTER  APPROVAL OF THE REFERENDUM IN THE GENERAL ELECTION. UPON ADOPTING
   32  A SYSTEM COMPRISED OF SCHOOL ELECTION WARDS, ALL  SITTING  SCHOOL  BOARD
   33  MEMBERS  SHALL  SERVE  THE  REMAINDER OF HIS OR HER TERM, AND HIS OR HER
   34  SUCCESSOR SHALL BE ELECTED ON THE BASIS  OF  THE  SCHOOL  ELECTION  WARD
   35  SYSTEM.  THE BOUNDARIES OF THE SAID SCHOOL ELECTION WARDS MAY THEREAFTER
   36  BE REDEFINED BY THE BOARD OF EDUCATION BY  RESOLUTION,  AFTER  A  PUBLIC
   37  HEARING  THEREON,  UPON  EACH ISSUANCE OF A FEDERAL DECENNIAL CENSUS AND
   38  SUCH RESOLUTION SHALL BE ESTABLISHED AT LEAST EIGHT MONTHS PRIOR TO  THE
   39  NEXT ELECTION FOR SCHOOL BOARD MEMBER OR MEMBERS.
   40    C.  THE  TERM OF OFFICE OF EACH MEMBER OF A SCHOOL BOARD FROM A SCHOOL
   41  ELECTION WARD SHALL BE THREE YEARS.
   42    D. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE  OFFICE  OF  A  WARD
   43  MEMBER  OF  A BOARD OF EDUCATION, EXCEPT BY REASON OF EXPIRATION OF TERM
   44  OR INCREASE IN THE NUMBER OF MEMBERS OF SUCH BOARD, SUCH  VACANCY  SHALL
   45  BE  FILLED  BY  A MAJORITY VOTE OF THE REMAINING MEMBERS OF THE BOARD OF
   46  EDUCATION WITHIN THIRTY  DAYS  OF  THE  DATE  SUCH  VACANCY  SHALL  HAVE
   47  OCCURRED.  NO  PERSON  SHALL  BE  APPOINTED  TO FILL A VACANCY OF A WARD
   48  MEMBER OF A BOARD OF EDUCATION UNLESS HE OR  SHE  FULFILLS  ALL  OF  THE
   49  QUALIFICATIONS  IN  THIS SUBDIVISION TO ENABLE HIM OR HER TO BE A CANDI-
   50  DATE FOR THE OFFICE OF A MEMBER OF THE BOARD OF EDUCATION FROM THE  WARD
   51  INVOLVED.
   52    S 3. This act shall take effect immediately.