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S7605Senate2011-2012 SessionSame asA10407

Relates to Buffalo city school district petitions for nomination of school board members

Sponsor Mark GrisantiSD-60+1 co-sponsorAffects Education
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Mark Grisanti

Senator · Senate District 60

Chair, Environmental Conservation

1 Co-sponsor

History

  1. Signed chap.431
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.137
  6. Substituted for A10407
  7. Referred to education
  8. Delivered to assembly
  9. Passed senateVote 60–0
  10. Ordered to third reading cal.1222
  11. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10407Assembly

Relates to Buffalo city school district petitions for nomination of school board members

Assembly Floor Calendar · Sponsor Crystal Peoples-Stokes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S7605

Title of bill

An act to amend the education law, in relation to Buffalo city school district petitions for nomination of school board members

Purpose or general idea of bill

This bill would amend paragraphs f and g of subdivision 10 of section 2553 of the education law to remove petition requirements that were deemed unconstitutional by the New York State Supreme Court.

Summary of specific provisions

Amends paragraphs f and g of subdivision 10 of section 2553 of the education law pertaining to Buffalo School Board candidate petitions for nomination by removing language requiring signatories to provide their residence at the time of the last election and their former city school subdistrict, ward and election district.

Justification

This bill would conform the Buffalo School Board candidate petition process to comply with a 2010 New York State Supreme Court decision which declared the petition requirements to be unconstitutional (Matter of Mary Ruth Kapsiak vs. Ralph M. Mohr and Dennis E. Ward, Commission- ers, Erie County Board of Elections). According to the ruling, the current petition requirement that signatories provide their residence at the time of the last general election in addition to their former city school subdistrict, ward and election district, "... is a severe burden on petitioners First Amendment right to political speech which does not advance any legitimate or compelling State interests." This court deci- sion has not been appealed. This bill would remove these requirements as stipulated in education law to meet the constitutional provision cited in the Court's decision.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.