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.