Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to veterans, homeland security and military affairs |
Jun 10, 2011 |
print number 5602a |
Jun 10, 2011 |
amend (t) and recommit to veterans, homeland security and military affairs |
Jun 06, 2011 |
referred to veterans, homeland security and military affairs |
Senate Bill S5602
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(R, C) 53rd Senate District
2011-S5602 - Details
- See Assembly Version of this Bill:
- A7697
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd Art 7-A Head, add §149, Gen Muni L; add §13.31, Pks & Rec L
2011-S5602 - Sponsor Memo
BILL NUMBER:S5602 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.
2011-S5602 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5602 2011-2012 Regular Sessions I N S E N A T E June 6, 2011 ___________ Introduced by Sens. ZELDIN, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs 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. (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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10958-02-1
co-Sponsors
(R, C, IP) Senate District
(R, C) 53rd Senate District
2011-S5602A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7697
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd Art 7-A Head, add §149, Gen Muni L; add §13.31, Pks & Rec L
2011-S5602A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5602A TITLE OF BILL: An act to amend the military law, in relation to the regulation of protests at military funerals PURPOSE: This bill establishes a 500 foot Military funeral buffer zone public safety program for localities, provides that any protest of any military funeral, memorial service, wake, burial or procession to or from the same, which takes place between 500 and 2,500 feet of such event may only be held upon the receipt of a permit issued by the Division of Military and Naval Affairs, together with the posting of a public security bond, and establishes civil and criminal penalties for violation of such requirements. SUMMARY OF SPECIFIC PROVISIONS: Section One of this bill would add a new section 255 to the military law, to: 1. Establish a legislative intent for the compelling state interest in protecting the mourners at military funerals; 2. Create a Military funeral buffer zone public safety program, where any city, town, village or county can establish by local law, such a
2011-S5602A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5602--A 2011-2012 Regular Sessions I N S E N A T E June 6, 2011 ___________ Introduced by Sens. ZELDIN, BALL, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Veter- ans, Homeland Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 TO THE EXERCISE OF FREE SPEECH WITHIN A CERTAIN DISTANCE FROM A FUNERAL, MEMORIAL SERVICE, WAKE, BURIAL OR PROCESSION TO OR FROM THE SAME, THAT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10958-03-1
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