STATE OF NEW YORK ________________________________________________________________________

124

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

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 19 capacity, as well as on or within any municipally owned vehicle, vehicle 20 owned by a volunteer fire company, or any equipment owned by a munici- 21 pality or fire department.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02062-01-3

A. 124 2

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