senate Bill S3901A

Signed By Governor
2011-2012 Legislative Session

Regulates protests at funerals of deceased military members

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7697 -


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.527
Sep 12, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.206
substituted for s3901a
Jun 16, 2011 substituted by a7697
Jun 13, 2011 amended on third reading (t) 3901a
Jun 13, 2011 vote reconsidered - restored to third reading
Jun 10, 2011 returned to senate
recalled from assembly
Mar 14, 2011 referred to veterans' affairs
delivered to assembly
passed senate
ordered to third reading cal.206
reported and committed to rules
Mar 09, 2011 referred to veterans, homeland security and military affairs

Votes

view votes

Mar 14, 2011 - Rules committee Vote

S3901
21
2
committee
21
Aye
2
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Mar 14, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S3901
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S3901 - Details

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

S3901 - Summary

Regulates protests at funerals of deceased military members.

S3901 - Sponsor Memo

S3901 - Bill Text download pdf

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

                                  3901

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sens.  ZELDIN,  GRIFFO,  BALL,  SKELOS,  ALESI, BONACIC,
  DeFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GALLIVAN, GOLDEN,  GRISANTI,
  HANNON,  JOHNSON,  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

AN  ACT  to  amend  the  military  law, in relation to the regulation of
  protests at military funerals

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

  Section  1. The military law is amended by adding a new section 255 to
read as follows:
  S 255.  REGULATION OF PROTESTS AT MILITARY  FUNERALS.  1.  LEGISLATIVE
INTENT.  THE LEGISLATURE FINDS AND DETERMINES THAT ALTHOUGH IT IS IMPOR-
TANT FOR OUR STATE'S CITIZENS TO BE ABLE  TO  EXERCISE  THEIR  CONSTITU-
TIONALLY  PROTECTED  RIGHT  TO  FREE  SPEECH, THERE IS ALSO A COMPELLING
STATE INTEREST IN PRESERVING AND PROTECTING THE FAMILIES AND FRIENDS  OF
DECEASED  MILITARY  PERSONNEL,  ESPECIALLY  AT SUCH A SOLEMN TIME AS THE
DECEASED MILITARY PERSONNEL'S FUNERAL, MEMORIAL SERVICE, WAKE, BURIAL OR
PROCESSION TO OR FROM THE SAME.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT IN ORDER TO  BALANCE
THE  CONSTITUTIONALLY PROTECTED RIGHT TO FREE SPEECH, AND THE COMPELLING
STATE INTEREST IN PRESERVING AND PROTECTING THE  MOURNING  FAMILIES  AND
FRIENDS  OF  DECEASED  MILITARY  PERSONNEL, THE STATE POLICE POWERS, AND
THOSE  OF  ITS  LOCALITIES,  MAY  BE  EMPLOYED  TO  PROVIDE   SUFFICIENT
PROTECTION OF THE FAMILIES AND FRIENDS OF SUCH DECEASED MILITARY PERSON-
NEL, AT SUCH A SOLEMN TIME AS THE DECEASED MILITARY PERSONNEL'S FUNERAL,
MEMORIAL SERVICE, WAKE, BURIAL OR PROCESSION TO OR FROM THE SAME.
  THE  LEGISLATURE  FURTHER FINDS AND DETERMINES THAT IN ADDITION TO ANY
STATE PROHIBITION WHICH MAY BE IMPOSED UNDER THE PENAL LAW, WITH RESPECT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10109-02-1

Co-Sponsors

view additional co-sponsors

S3901A (ACTIVE) - Details

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

S3901A (ACTIVE) - Summary

Regulates protests at funerals of deceased military members.

S3901A (ACTIVE) - Sponsor Memo

S3901A (ACTIVE) - Bill Text download pdf

                    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.

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