S6912-2011 Actions

• Jun 19, 2012: referred to education
• Jun 19, 2012: DELIVERED TO ASSEMBLY
• Jun 19, 2012: PASSED SENATE
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1363
• Jun 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 5, 2012: REPORTED AND COMMITTED TO FINANCE
• Apr 11, 2012: REFERRED TO EDUCATION

S6912-2011 Meetings

S6912-2011 Calendars

S6912-2011 Votes

S6912-2011 Memo

BILL NUMBER:S6912

TITLE OF BILL:
An act to amend the education law, in relation to vacancies on boards of
cooperative educational services

PURPOSE:
This bill relates to vacancies on boards of cooperative educational
services, by allowing boards to fill all vacancies through appointment.

SUMMARY OF PROVISIONS:
Section 1 of this bill provides that in the event of a vacancy on a
board of cooperative educational services, the board may appoint someone
to fill the vacancy. This person will hold office until the next annual
board of cooperative educational services election.

Section 2 provides the effective date.

JUSTIFICATION:
The current process for filling a vacancy on a board of cooperative
educational services (BOCES) is cumbersome and inefficient. Current law
requires differing procedures, which are dependent on the date the
vacancy occurred.

Prior to January 1st, a board must fill the vacancy through special
election, in addition to complying with regulations set forth by such
law. These regulations include requirements such as: the special
election be held not more than 45 days after the vacancy is known; a
call for nominations must be sent to component districts and returned to
the BOCES clerk at 30 days prior to the date of the election; and
completed ballots shall be returned to the clerk no later than 14 days
before the date established for the special election.

After January 1st, a board is able to fill a vacancy through appoint-
ment, where the appointed individual holds office until the next annual
election.

This legislation seeks to streamline the process by allowing a BOCES
board to fill a vacancy through appointment, regardless of the date the
vacancy occurred. This will relieve BOCES of the burdensome process it
must currently deal with. Additionally, removing the requirement of
holding a special election will be more cost effective.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6912-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6912
 I N  SENATE
 April 11, 2012
 
 Introduced  by  Sen.  YOUNG  -- 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 vacancies on boards of
 cooperative educational services
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  f  of  subdivision  2-a of section 1950 of the
 education law, as amended by chapter 602 of the laws of 1994, is amended
 to read as follows:

 f. [In the event of a vacancy in the membership of a board of  cooper-
 ative  educational  services  which occurs prior to January first in any
 school year or during the period commencing five days prior to the  date
 designated  for  submission of nominations of candidates to the board of
 cooperative educational services and ending  on  the  last  day  of  the
 school  year, a special election to fill such vacancy shall be conducted
 in accordance with the provisions of paragraphs  b,  c  and  d  of  this
 subdivision  on a date designated by the president of the board of coop-
 erative educational services not late than  forty-five  days  after  the
 date  the vacancy occurred.] In the event of a vacancy in the membership
 of a board of cooperative educational services [which occurs on or after
 January first and prior to the fifth day preceding the  date  designated
 for  submission  of  nominations  of candidates the board of cooperative
 educational services], SUCH BOARD may fill such vacancy  by  appointment
 and  the  person  so  appointed  shall hold office until the next annual
 election of the board of  cooperative  educational  services.  [Notwith-
 standing  any  other  provision  of  this subdivision, any vacancy which
 occurs on or after July first, nineteen hundred ninety-three  and  prior
 to  January  first,  nineteen  hundred  ninety-four shall be filled by a
 special election in accordance with paragraphs b, c and d of this subdi-
 vision.]
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14920-01-2

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