Bill Text: NY A05458 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2022-05-03 - amended on third reading 5458b [A05458 Detail]

Download: New_York-2021-A05458-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5458--B
                                                                Cal. No. 170

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        Introduced  by  M.  of  A.  SOLAGES, GRIFFIN, SILLITTI, TAYLOR, EPSTEIN,
          DICKENS, GONZALEZ-ROJAS, KELLES, ZINERMAN, JACKSON,  LAVINE,  LUNSFORD
          --  read  once  and  referred to the Committee on Local Governments --
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its  place  on  the  order  of third reading -- again amended on third
          reading, ordered reprinted, retaining its place on the order of  third
          reading

        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,  flag  pole,  monument,
    17  sign  or  any  other  permanent  structure, on any uniform, accessory or
    18  other gear worn or used by a municipal officer as part of their official

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09066-11-2
        A. 5458--B                          2

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