senate Bill S3901A

Regulates protests at funerals of deceased military members

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Mar / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 14 / Mar / 2011
    • REPORTED AND COMMITTED TO RULES
  • 14 / Mar / 2011
    • ORDERED TO THIRD READING CAL.206
  • 14 / Mar / 2011
    • PASSED SENATE
  • 14 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Mar / 2011
    • REFERRED TO VETERANS' AFFAIRS
  • 10 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 10 / Jun / 2011
    • RETURNED TO SENATE
  • 13 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 13 / Jun / 2011
    • AMENDED ON THIRD READING (T) 3901A
  • 16 / Jun / 2011
    • SUBSTITUTED BY A7697

Summary

Regulates protests at funerals of deceased military members.

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Bill Details

See Assembly Version of this Bill:
A7697
Versions:
S3901
S3901A
Legislative Cycle:
2011-2012
Law Section:
General Municipal Law
Laws Affected:
Amd Art 7-A heading, add §149, Gen Muni L; add §13.31, Pks & Rec L

Sponsor Memo

BILL NUMBER:S3901A

TITLE OF BILL:
An act
to amend the general municipal law and the parks, recreation and
historic preservation law, in relation to requiring permits for
demonstrations at veteran funerals

PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize municipalities to create a permit system for
demonstrations occurring in the vicinity of a wake, funeral, burial
or memorial service.

SUMMARY OF PROVISIONS:
Sections one and two of the bill would amend General Municipal Law
Article 7-A by adding a new section 149. This section would authorize
local governments to create a permitting system for demonstrations
conducted within one thousand feet of a funeral, memorial service,
wake or burial, including the period one hour before or after such
event. The bill establishes a civil penalty for violations on state
property and allows a city, town, village or county that, by local
law, enacts a permit requirement to establish a reasonable civil
penalty for any person who is found to have intentionally organized a
demonstration without first acquiring the required permit.

Section three of this bill would authorize the Commissioner of the
State Office of Parks, Recreation and Historic Preservation to
promulgate regulations to require that a permit be obtained for a
demonstration at a funeral event held on state property. Section four
of this bill would provide for the effective date.

JUSTIFICATION:
In Snyder v. Phelps, 562 U.S. ___ (2011), the U.S. Supreme Court
recognized that persons who protest at funerals of military personnel
have constitutional rights, but also that states have a compelling
interest in protecting the family and friends of deceased military
personnel while they are mourning at such events.

As the Snyder case demonstrates, there are individuals and groups that
seek to use military funerals as a protest vehicle to advance their
ideology. The Snyder court held that the First Amendment protects the
right to express even abhorrent views, but that the expression of
these ideas can be regulated by the states with respect to time,
place and manner.

There is a compelling state interest in preserving and protecting the
mourning families and friends of deceased persons, especially at so
solemn a time as a military funeral. This bill would authorize the
state as well as municipalities to create a regulated
one-thousand-foot zone around such funeral events, including the
wake, funeral service, burial and memorial service. The parks
commissioner would be authorized
to require demonstrators to apply for a permit prior to demonstrating
on state property; local governments, by local law, would be
authorized to enact similar permit requirements for demonstrations


conducted in parks and on public property under the jurisdiction of
local governments.

The bill would thus facilitate reasonable and constitutional
regulation of the time, place and manner of such demonstrations, in
recognition of the sensitive circumstances and legitimate needs and
interests of mourning family members, neighbors and friends.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect sixty days after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3901--A
    Cal. No. 206

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by Sens. ZELDIN, GRIFFO, BALL, SKELOS, ADDABBO, ALESI, AVEL-
  LA, BONACIC, DeFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GALLIVAN, GOLD-
  EN, GRISANTI, HANNON, JOHNSON, KLEIN, LANZA, LARKIN, LAVALLE,  LIBOUS,
  LITTLE,  MARCELLINO,  MARTINS,  MAZIARZ,  McDONALD,  NOZZOLIO, O'MARA,
  RANZENHOFER, RITCHIE, ROBACH, SALAND, SEWARD, YOUNG -- read twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Veterans, Homeland Security and Military Affairs -- reported favorably
  from said committee  and  committed  to  the  Committee  on  Rules  --
  reported  favorably  from  said committee, ordered to a third reading,
  passed by Senate and delivered to the Assembly, recalled, vote  recon-
  sidered,  restored  to  third  reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the general municipal law and the parks, recreation  and
  historic preservation law, in relation to requiring permits for demon-
  strations at veteran funerals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The article heading of article 7-A of the general municipal
law, as added by chapter 871 of the laws of 1948, is amended to read  as
follows:
          BURIAL OF VETERANS AND THEIR FAMILIES; CERTAIN PERMIT
                              REQUIREMENTS
  S  2. The general municipal law is amended by adding a new section 149
to read as follows:
  S 149. PERMITS IN  CERTAIN  CIRCUMSTANCES.  1.  DEFINITIONS.  FOR  THE
PURPOSES OF THIS SECTION:
  (A)  "DEMONSTRATION"  SHALL  MEAN A PRE-PLANNED GATHERING OF TWELVE OR
MORE PERSONS WHO ARE INVITED OR ORGANIZED BY AN ORGANIZER TO CONVENE FOR
THE PURPOSE OF A  PUBLIC  EXHIBITION  INCLUDING  A  PROCESSION,  PARADE,
PROTEST, PICKET, MARCH OR RALLY ON PUBLIC PROPERTY CONCERNING AND IN THE
VICINITY OF A FUNERAL EVENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10109-03-1

S. 3901--A                          2

  (B)  "FUNERAL  EVENT"  SHALL  MEAN A WAKE, FUNERAL, BURIAL OR MEMORIAL
SERVICE CONDUCTED WITHIN THIRTY DAYS AFTER THE DEATH OF THE  PERSON  WHO
IS THE SUBJECT OF SUCH EVENT.
  (C)  "ORGANIZER"  SHALL  MEAN THE PERSON OR ORGANIZATION THAT PLANS OR
COORDINATES A DEMONSTRATION FOR WHICH A PERMIT MAY BE REQUIRED  PURSUANT
TO THIS SECTION.
  (D)  "PERMIT  AUTHORITY"  SHALL  MEAN  THE  GOVERNMENTAL ENTITY HAVING
PRIMARY JURISDICTION FOR A LOCATION WHICH, IN THE CASE OF:
  (I) A PARK, PARKWAY OR PROPERTY THAT IS SUBJECT TO THE JURISDICTION OF
THE STATE UNIVERSITY OF NEW YORK, THE  PERMIT  AUTHORITY  SHALL  BE  THE
STATE UNIVERSITY OF NEW YORK;
  (II)  A  COUNTY  PARK,  PARKWAY  OR  PROPERTY SHALL BE THE COUNTY PARK
COMMISSION OR SUCH OTHER  COUNTY  AGENCY  HAVING  JURISDICTION,  CONTROL
AND/OR OPERATION OF SUCH PARK, PARKWAY OR PROPERTY;
  (III)  A  CITY PARK, PARKWAY OR PROPERTY SHALL BE THE DULY CONSTITUTED
LICENSING AGENCY THEREOF AND, IN THE ABSENCE OF SUCH AGENCY, SHALL BE AN
OFFICER DESIGNATED BY LOCAL LAW FOR SUCH PURPOSE BY THE LEGISLATIVE BODY
THEREOF;
  (IV) A TOWN PARK, PARKWAY OR PROPERTY OUTSIDE OF THE  TERRITORY  OF  A
VILLAGE, SHALL BE AN OFFICER DESIGNATED BY LOCAL LAW FOR SUCH PURPOSE BY
THE TOWN BOARD THEREOF; AND
  (V) A VILLAGE PARK, PARKWAY OR PROPERTY SHALL BE AN OFFICER DESIGNATED
BY LOCAL LAW FOR SUCH PURPOSE BY THE BOARD OF TRUSTEES THEREOF.
  2.  PERMITS  ISSUED  BY PERMIT AUTHORITY. IN ADDITION TO ANY OTHER LAW
AUTHORIZING PERMITS, ANY PERMIT AUTHORITY MAY, BY  LOCAL  LAW  OR  REGU-
LATION,  REQUIRE THAT A PERMIT BE OBTAINED FOR A DEMONSTRATION THAT WILL
TAKE PLACE WITHIN ONE THOUSAND FEET OF A FUNERAL  EVENT  AND  DURING  OR
WITHIN  ONE  HOUR BEFORE OR AFTER SUCH FUNERAL EVENT.  THE EXISTENCE AND
REQUIREMENTS OF SUCH LOCAL LAW, AND  ANY  RELATED,  LAWFUL  REGULATIONS,
SHALL  BE  PROMINENTLY  POSTED  IN  A  PUBLIC  AREA OF THE OFFICE OF THE
PERMITTING AUTHORITY, AND SHALL ALSO BE POSTED  ON  ANY  WEBSITE  ESTAB-
LISHED  OR  AVAILABLE  FOR THE USE OF THE PERMITTING AUTHORITY OR, IF NO
SUCH WEBSITE IS AVAILABLE, BE POSTED BY ANNUAL PUBLICATION IN A  NEWSPA-
PER OR NEWSPAPERS OF RECORD SERVING THE COMMUNITIES WITHIN THE JURISDIC-
TION OF THE PERMIT AUTHORITY. SUCH LOCAL LAW MAY REQUIRE:
  (A)  AN  ORGANIZER  OF SUCH A DEMONSTRATION SHALL BE REQUIRED TO APPLY
FOR A PERMIT CONCERNING  SUCH  DEMONSTRATION.  SUCH  PERMIT  APPLICATION
PROCESS  SHALL  BE AVAILABLE FOR A REASONABLE PERIOD BEFORE SUCH FUNERAL
EVENT IS ACTUALLY SCHEDULED TO BEGIN.
  (B) UPON THE FILING OF SUCH AN APPLICATION, THE PERMIT AUTHORITY SHALL
PROMPTLY REVIEW SUCH APPLICATION AND, IF THE APPLICATION  SATISFIES  THE
REQUIREMENTS  OF THIS SUBDIVISION AS WELL AS ANY ADDITIONAL REQUIREMENTS
THE PERMIT AUTHORITY MAY, BY LAWFUL REGULATION, IMPOSE, THEN THE  PERMIT
AUTHORITY  SHALL ISSUE TO THE ORGANIZER A PERMIT UNDER THIS SUBDIVISION.
IN SUCH EVENT, THE PERMIT SHALL SPECIFY, EXPRESSLY AND  IN  DETAIL,  THE
TIME AND PLACE AND ANY LAWFUL RESTRICTIONS THAT MAY BE IMPOSED REGARDING
SUCH  DEMONSTRATION.  IF  SUCH  PERMIT APPLICATION IS DENIED, THE PERMIT
AUTHORITY SHALL ISSUE A WRITTEN DENIAL  THAT  SPECIFIES  IN  DETAIL  THE
MANNER  IN  WHICH THE APPLICATION IS DEFICIENT, TOGETHER WITH THE PROCE-
DURE BY WHICH THE ORGANIZER MAY OBTAIN TIMELY  RECONSIDERATION  OF  SUCH
DETERMINATION UNDER THIS SUBDIVISION.
  (C)  THE  PERMIT  ISSUED  BY A PERMIT AUTHORITY UNDER THIS SUBDIVISION
MAY, IN ACCORDANCE WITH APPLICABLE LAW, SPECIFY REASONABLE  RESTRICTIONS
ON  THE TIME, PLACE AND MANNER OF THE DEMONSTRATION FOR WHICH THE PERMIT
IS ISSUED.

S. 3901--A                          3

  3. PERMIT REQUIREMENT.  A CITY, TOWN, VILLAGE OR COUNTY THAT, BY LOCAL
LAW, ENACTS A PERMIT REQUIREMENT IN ACCORDANCE WITH SUBDIVISION  TWO  OF
THIS  SECTION  MAY  BY SUCH LAW ESTABLISH A REASONABLE CIVIL PENALTY FOR
ANY PERSON WHO, AFTER PROPER NOTICE AND AN OPPORTUNITY FOR AN  ADJUDICA-
TORY  HEARING,  IS FOUND TO HAVE INTENTIONALLY ORGANIZED AND CONDUCTED A
DEMONSTRATION WITHIN ONE THOUSAND FEET OF A FUNERAL EVENT, WITHOUT FIRST
HAVING OBTAINED A REQUIRED PERMIT IN  ACCORDANCE  WITH  SUCH  LAW.  SUCH
LOCAL LAW MAY INCLUDE AN INCREASED MAXIMUM CIVIL PENALTY FOR A SECOND OR
SUBSEQUENT VIOLATION.
  4.  PUBLIC SAFETY.   THE STATE POLICE POWER AND THAT OF ITS LOCALITIES
MAY BE EMPLOYED TO PROVIDE ADEQUATE PUBLIC SAFETY AND PROTECTION AT SUCH
A FUNERAL EVENT AND THE PROCESSION TO OR FROM SUCH A FUNERAL EVENT.
  S 3. The parks, recreation and historic preservation law is amended by
adding a new section 13.31 to read as follows:
  S 13.31 PERMITS FOR ACTIVITIES NEAR CERTAIN FUNERAL EVENTS.  1.    FOR
THE PURPOSES OF THIS SECTION:
  (A)  "DEMONSTRATION"  SHALL  MEAN A PRE-PLANNED GATHERING OF TWELVE OR
MORE PERSONS WHO ARE INVITED OR ORGANIZED BY AN ORGANIZER TO CONVENE FOR
THE PURPOSE OF A  PUBLIC  EXHIBITION  INCLUDING  A  PROCESSION,  PARADE,
PROTEST, PICKET, MARCH OR RALLY ON PUBLIC PROPERTY CONCERNING AND IN THE
VICINITY OF A FUNERAL EVENT.
  (B)  "FUNERAL  EVENT"  SHALL  MEAN A WAKE, FUNERAL, BURIAL OR MEMORIAL
SERVICE CONDUCTED WITHIN THIRTY DAYS AFTER THE DEATH OF THE  PERSON  WHO
IS THE SUBJECT OF SUCH EVENT.
  (C)  "ORGANIZER"  SHALL  MEAN THE PERSON OR ORGANIZATION THAT PLANS OR
COORDINATES A DEMONSTRATION FOR WHICH A PERMIT MAY BE REQUIRED  PURSUANT
TO THIS SECTION.
  2.  THE  COMMISSIONER  MAY  PROMULGATE  REGULATIONS  TO REQUIRE THAT A
PERMIT BE OBTAINED FOR A DEMONSTRATION THAT WILL TAKE PLACE IN  A  STATE
PARK, STATE PARKWAY OR OTHER STATE PROPERTY, WITHIN ONE THOUSAND FEET OF
A  FUNERAL  EVENT,  AND  DURING  OR WITHIN ONE HOUR BEFORE OR AFTER SUCH
FUNERAL EVENT. THE EXISTENCE AND REQUIREMENTS OF SUCH LAWFUL REGULATIONS
SHALL BE PROMINENTLY POSTED IN A PUBLIC AREA OF THE OFFICE OR  HEADQUAR-
TERS  OF  EACH  PARK  UNDER  THE JURISDICTION OF THE STATE DEPARTMENT OF
PARKS AND RECREATION AND SHALL ALSO BE POSTED ON ANY WEBSITE ESTABLISHED
OR AVAILABLE FOR THE USE OF THE OFFICE. SUCH REGULATIONS MAY REQUIRE:
  (A) AN ORGANIZER OF  SUCH  A  DEMONSTRATION  TO  APPLY  FOR  A  PERMIT
CONCERNING SUCH DEMONSTRATION PROVIDED, HOWEVER, THAT SUCH PERMIT APPLI-
CATION  PROCESS  SHALL  BE AVAILABLE FOR A REASONABLE PERIOD BEFORE SUCH
FUNERAL EVENT IS ACTUALLY SCHEDULED TO BEGIN.
  (B) UPON FILING SUCH AN APPLICATION, THE OFFICE SHALL PROMPTLY  REVIEW
SUCH  APPLICATION  AND, IF THE APPLICATION SATISFIES THE REQUIREMENTS OF
THIS SUBDIVISION AS WELL AS ANY ADDITIONAL REQUIREMENTS THE COMMISSIONER
MAY, BY LAWFUL REGULATION, IMPOSE, THEN THE OFFICE SHALL  ISSUE  TO  THE
ORGANIZER  A  PERMIT  UNDER  THIS SUBDIVISION. IN SUCH EVENT, THE PERMIT
SHALL SPECIFY, EXPRESSLY AND IN DETAIL,  THE  TIME  AND  PLACE  AND  ANY
LAWFUL RESTRICTIONS THAT MAY BE IMPOSED REGARDING SUCH DEMONSTRATION. IF
SUCH  PERMIT  APPLICATION  IS  DENIED,  THE OFFICE SHALL ISSUE A WRITTEN
DENIAL THAT SPECIFIES IN DETAIL THE MANNER IN WHICH THE  APPLICATION  IS
DEFICIENT, TOGETHER WITH THE PROCEDURE BY WHICH THE ORGANIZER MAY OBTAIN
TIMELY RECONSIDERATION OF SUCH DETERMINATION UNDER THIS SUBDIVISION.
  (C)  THE  PERMIT  ISSUED  BY THE OFFICE UNDER THIS SUBDIVISION MAY, IN
ACCORDANCE WITH APPLICABLE LAW, SPECIFY REASONABLE RESTRICTIONS  ON  THE
TIME,  PLACE  AND  MANNER  OF  THE DEMONSTRATION FOR WHICH THE PERMIT IS
ISSUED.

S. 3901--A                          4

  (D) THE COMMISSIONER MAY REQUIRE THE ORGANIZER TO PAY A REASONABLE FEE
WITH THE PERMIT APPLICATION IN ORDER TO REDUCE ADMINISTRATIVE AND  PROC-
ESSING COSTS.
  3.  ANY PERSON WHO, AFTER PROPER NOTICE AND OPPORTUNITY FOR AN ADJUDI-
CATORY HEARING, IS FOUND TO HAVE INTENTIONALLY ORGANIZED AND CONDUCTED A
DEMONSTRATION WITHIN ONE THOUSAND FEET OF A FUNERAL EVENT WITHOUT  FIRST
HAVING OBTAINED A REQUIRED PERMIT UNDER THIS SECTION SHALL BE SUBJECT TO
A  CIVIL  PENALTY  OF  UP  TO  FIVE  HUNDRED  DOLLARS FOR THE FIRST SUCH
VIOLATION DETERMINED TO HAVE BEEN COMMITTED, UP TO ONE THOUSAND  DOLLARS
FOR  A  SECOND  SUCH  VIOLATION DETERMINED TO HAVE BEEN COMMITTED WITHIN
THREE YEARS OF THE FIRST SUCH VIOLATION, AND UP TO TWO THOUSAND  DOLLARS
FOR A THIRD SUCH VIOLATION DETERMINED TO HAVE BEEN COMMITTED WITHIN SUCH
THREE YEAR PERIOD. THE STATE POLICE POWER AND THAT OF ITS LOCALITIES MAY
BE  EMPLOYED  TO PROVIDE ADEQUATE PUBLIC SAFETY AND PROTECTION AT SUCH A
FUNERAL EVENT AND THE PROCESSION TO OR FROM SUCH FUNERAL EVENT.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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