senate Bill S3036

2013-2014 Legislative Session

Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
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

Votes

view votes

Feb 4, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S3036
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Feb 4, 2014

Mar 12, 2013 - Veterans, Homeland Security and Military Affairs committee Vote

S3036
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Mar 12, 2013

Co-Sponsors

S3036 - Details

Current Committee:
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

S3036 - Summary

Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York.

S3036 - Sponsor Memo

S3036 - 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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