Bill Text: NY A00124 | 2023-2024 | General Assembly | Amended


Bill Title: Prohibits municipal officers or employees from displaying political advertisements on or within public buildings and various other locations.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2023-06-08 - substituted by s7050 [A00124 Detail]

Download: New_York-2023-A00124-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         124--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A.  SOLAGES, SILLITTI, TAYLOR, EPSTEIN, DICKENS,
          GONZALEZ-ROJAS, KELLES, ZINERMAN, JACKSON, LAVINE,  LUNSFORD  --  read
          once  and  referred to the Committee on Local Governments -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the general municipal law and the public buildings  law,
          in  relation  to  prohibiting  municipal  officers  or  employees from
          displaying political advertisements on or within public buildings  and
          various other locations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 99-z to read as follows:
     3    §  99-z.  Municipal  officers  or employees prohibited from displaying
     4  political advertisements on public property. 1.  For  purposes  of  this
     5  section, the following terms shall have the following meanings:
     6    (a)  "Municipal  officer  or  employee" shall have the same meaning as
     7  defined pursuant to section eight hundred of this chapter,  except  that
     8  it  shall also include members of any volunteer fire department which is
     9  part of such municipality.
    10    (b) "Political advertisement"  shall  mean  any  poster,  sign,  flag,
    11  banner,  picture,  sticker,  patch, bumper sticker, article of clothing,
    12  accessory or any other item meant to  advertise  or  promote  a  certain
    13  individual for political office.
    14    2.  A  municipal officer or employee, whether paid or unpaid, shall be
    15  prohibited from displaying or causing  to  be  displayed  any  political
    16  advertisement on or within any public building occupied in the discharge
    17  of  official  duties  by an individual employed or holding office in the
    18  government of such municipality, or on any public flag  pole,  monument,
    19  sign  or  any  other  permanent structure that such municipal officer or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02062-02-3

        A. 124--A                           2

     1  employee interacts with as  part  of their  official capacity, or on any
     2  uniform, accessory or other gear worn or used by a municipal officer  or
     3  employee as part of their official capacity, as well as on or within any
     4  municipally owned vehicle, vehicle owned by a volunteer fire company, or
     5  any equipment owned by a municipality or fire department.
     6    3.  This  section  shall not apply when such a political advertisement
     7  appears in a book, digital medium, museum, or otherwise serves an educa-
     8  tional or historical purpose, or in instances where the certain individ-
     9  ual who is the subject of such political advertisement is deceased.
    10    § 2. The public buildings law is amended by adding a new  section  147
    11  to read as follows:
    12    §  147.  Municipal  officers  or  employees prohibited from displaying
    13  political advertisements on public property. 1.  For  purposes  of  this
    14  section, the following terms shall have the following meanings:
    15    (a)  "Municipal  officer  or  employee" shall have the same meaning as
    16  defined pursuant to section eight hundred of the general municipal  law,
    17  except  that it shall also include members of any volunteer fire depart-
    18  ment which is part of such municipality.
    19    (b) "Political advertisement"  shall  mean  any  poster,  sign,  flag,
    20  banner,  picture,  sticker,  patch, bumper sticker, article of clothing,
    21  accessory or any other item meant to  advertise  or  promote  a  certain
    22  individual for political office.
    23    2.  A  municipal officer or employee, whether paid or unpaid, shall be
    24  prohibited from displaying or causing  to  be  displayed  any  political
    25  advertisement on or within any public building occupied in the discharge
    26  of  official  duties  by an individual employed or holding office in the
    27  government of the municipality by which  such  officer  or  employee  is
    28  employed or any agency or instrumentality thereof, or on any public flag
    29  pole,  monument,  sign  or any other permanent structure, as well as any
    30  other location specified pursuant to section ninety-nine-z of the gener-
    31  al municipal law that such municipal officer or employee interacts  with
    32  as part of their official capacity.
    33    3.  This  section  shall not apply when such a political advertisement
    34  appears in a book, digital medium, museum, or otherwise serves an educa-
    35  tional or historical purpose, or in instances where the certain individ-
    36  ual who is the subject of such political advertisement is deceased.
    37    § 3. This act shall take effect immediately.
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