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A10613 Summary:

SPONSORRules (Paulin)
COSPNSRAbinanti, Buchwald, Galef, Ryan, Wallace, Zebrowski, Griffin, Jaffee, Lavine, Stirpe
Provides for a special district meeting for a school budget revote after the voters have defeated a budget at an annual meeting and election held June 9, 2020 pursuant to executive order number 202.26 of two thousand twenty.
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A10613 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rules (Paulin)
  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 Section 2 provides that this act shall take effect immediately and expire and be deemed repealed September 31, 2020.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 there-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.
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