Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 24, 2014 |
referred to governmental operations delivered to assembly passed senate |
Feb 11, 2014 |
advanced to third reading |
Feb 10, 2014 |
2nd report cal. |
Feb 04, 2014 |
1st report cal.141 |
Jan 08, 2014 |
referred to veterans, homeland security and military affairs returned to senate died in assembly |
Mar 19, 2013 |
referred to governmental operations delivered to assembly passed senate |
Mar 14, 2013 |
advanced to third reading |
Mar 13, 2013 |
2nd report cal. |
Mar 12, 2013 |
1st report cal.201 |
Jan 29, 2013 |
referred to veterans, homeland security and military affairs |
Senate Bill S3036
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly 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
Votes
co-Sponsors
(R, C) Senate District
2013-S3036 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Military Law
- Laws Affected:
- Add §267, Mil L; amd §50, Civ Rts L; add §§250.70 & 270.75, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S5337
2013-S3036 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3036 TITLE OF BILL: An act to amend the military law, the civil rights law and the penal law, in relation to unauthorized use of names and images of members of the armed forces or organized militia of New York PURPOSE: To ensure that the name, image, or likeness of any member of the military is not used for commercial purposes, without the permission of that member of the armed forces or his or her family if the individual is deceased. SUMMARY OF PROVISIONS: This bill would amend the military law, the civil rights law, and the penal law, to establish a crime for the use, for commercial purposes, of the name, image, or likeness of any current or former member of the armed forces or state militia. Living individuals protected by this act may give permission for their name, image, or likeness to be used. Similarly, the family of deceased individuals protected by this act may also give permission. A violation of this crime would be punishable as a class E felony. JUSTIFICATION: Presently, the US House of Representatives and United States Senate are considering legislation prohibiting the use, for
2013-S3036 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3036 2013-2014 Regular Sessions I N S E N A T E January 29, 2013 ___________ Introduced by Sen. DeFRANCISCO -- 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, the civil rights law and the penal law, in relation to unauthorized use of names and images of members of the armed forces or organized militia of New York 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 267 to read as follows: S 267. RIGHT OF PRIVACY OF MILITARY PERSONNEL. A PERSON, FIRM OR CORPORATION THAT USES FOR ADVERTISING PURPOSES, OR FOR THE PURPOSES OF TRADE, THE NAME, PORTRAIT OR PICTURE OF ANY MEMBER OF THE ARMED FORCES OR ORGANIZED MILITIA OF NEW YORK, LIVING OR DECEASED, WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON IF LIVING, OR IF DECEASED OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL- DREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS GUILTY OF A CLASS E FELONY. S 2. Section 50 of the civil rights law is amended to read as follows: S 50. Right of privacy. 1. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the writ- ten consent of such person, or if a minor of his or her parent or guard- ian, is guilty of a CLASS A misdemeanor. 2. A PERSON, FIRM OR CORPORATION THAT USES FOR ADVERTISING PURPOSES, OR FOR THE PURPOSES OF TRADE, THE NAME, PORTRAIT OR PICTURE OF ANY MEMBER OF THE ARMED FORCES OR ORGANIZED MILITIA OF NEW YORK, LIVING OR DECEASED, WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON IF LIVING, OR IF DECEASED OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHILDREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS GUILTY OF A CLASS E FELONY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07806-01-3
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