NY State Senate Bill S8298B

Archive: Last Bill Status - Signed by Governor

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
Dec 15, 2020	approval memo.47 signed chap.343
Dec 03, 2020	delivered to governor
Jul 23, 2020	returned to senate passed assembly ordered to third reading rules cal.340 substituted for a10729a
Jul 22, 2020	referred to ways and means delivered to assembly passed senate ordered to third reading cal.991
Jul 20, 2020	reported and committed to rules
Jul 18, 2020	print number 8298b
Jul 18, 2020	amend (t) and recommit to investigations and government operations
Jul 14, 2020	print number 8298a
Jul 14, 2020	amend (t) and recommit to investigations and government operations
May 08, 2020	referred to investigations and government operations

Votes

view votes

Jul 22, 2020 - floor Vote

S8298B

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S8298B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Investigations and Government Operations committee Vote

S8298B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jul 20, 2020

aye (5)

nay (1)

Lanza

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S8298 - Details

See Assembly Version of this Bill:: A10729
Law Section:: Public Buildings Law
Laws Affected:: Add §146, Pub Bldg L; amd §16, Ag Mkts L

S8298 - Summary

Prohibits the state of New York from selling or displaying symbols of hate or any similar image, or tangible personal property, inscribed with such an image unless the image appears in a book, digital medium, museum or serves an educational or historical purpose; defines term "symbol of hate" to be symbols of white supremacist and neo-Nazi ideology or the Battle Flag of the Confederacy.

S8298 - Sponsor Memo

 
BILL NUMBER: S8298

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the public buildings law, in relation to prohibiting the
state of New York from selling or displaying symbols of hate

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale or display of the Confederate Flag in public build-
ings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 146 to the public buildings law to prohibit
the display of hate symbols in public buildings unless serving an educa-
tional or historical purpose.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The Confederate Flag is a symbol of racism, exclusion, oppression and
violence towards African Americans. Its symbolism and history are
directly linked to the enslavement, torture and murder of millions of
African Americans throughout the mid-19th Century and beyond. Even
today, the Confederate flag is accounted in the Anti-Defamation League's
Hate Symbols Database and is considered to be one of the most prevalent
symbols of white supremacy. Its public display is designed only to
instill fear, intimidation and a direct threat of violence towards
others.

New York State has already taken actions in regards to deeming the
Confederate flag as a symbol of hate. In 2018, the Commissioner of the
Department of Agriculture and Markets penned a memo urging vendors to
practice inclusive standards, and to prohibit the sale or display of
products that may be considered offensive after numerous complaints of
Confederate products at the State Fair. The Commissioner stated that the
sale of these offensive products could pose an issue to public health
and safety concerns.

This bill would limit the display of the Confederate flag, as well as
other symbols of hate, on or within the grounds of public property.
Further, it makes clear that New York State will not tolerate racism,
exclusion, oppression, and violence through the display of such antag-
onistic and deeply hurtful symbols.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S8298 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8298
 
                             I N  S E N A T E
 
                                May 8, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public buildings law, in relation to prohibiting the
   state of New York from selling or displaying symbols of hate
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public buildings law is amended by adding a new section
 146 to read as follows:
   §  146.  PROHIBIT  SYMBOLS OF HATE. 1. THE STATE OF NEW YORK SHALL NOT
 SELL OR DISPLAY ANY SYMBOL OF HATE OR ANY  SIMILAR  IMAGE,  OR  TANGIBLE
 PERSONAL PROPERTY, INSCRIBED WITH SUCH AN IMAGE UNLESS THE IMAGE APPEARS
 IN  A BOOK,   DIGITAL MEDIUM, OR STATE MUSEUM THAT SERVES AN EDUCATIONAL
 OR HISTORICAL PURPOSE.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM "SYMBOL OF  HATE"  SHALL
 BE  SYMBOLS  OF  WHITE SUPREMACIST AND NEO-NAZI IDEOLOGY, INCLUDING  BUT
 NOT LIMITED TO THE BATTLE FLAG OF THE CONFEDERACY, ALSO REFERRED  TO  AS
 THE STARS AND BARS.
   § 2. This act shall take effect immediately.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16200-02-0

Co-Sponsors

view additional co-sponsors

S8298A - Details

See Assembly Version of this Bill:: A10729
Law Section:: Public Buildings Law
Laws Affected:: Add §146, Pub Bldg L; amd §16, Ag Mkts L

S8298A - Summary

S8298A - Sponsor Memo

 
BILL NUMBER: S8298A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the public buildings law, in relation to prohibiting the
state of New York from selling or displaying symbols of hate; and to
amend the agriculture and markets law, in relation to prohibiting
symbols of hate from being sold or displayed by vendors on the fair
grounds and directing the commissioner of agriculture and markets to
oversee and ensure that all agricultural societies or institutes create
and reasonably enforce policies and operational practices that prohibit
vendors from selling or displaying in such society's or intitute's fairs
or expositions, symbols of hate or any similar image

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the State of New York from selling or displaying symbols of
hate.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 146 to the public buildings law to prohibit
the display of hate symbols in public buildings unless serving an educa-
tional or historical purpose.

Section 2 prohibits symbols of hate at the State Fair.

Section 3 directs the Commissioner of Agriculture and Markets to ensure
agricultural entities create and enforce policies and practices to
prohibit vendors from selling or displaying symbols of hate at fairs or
exhibitions. This section also withholds state aid if the Commissioner
has found that these entities failed to create and enforce such poli-
cies.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

The Confederate Flag is a symbol of racism, exclusion, oppression and
violence towards African Americans. Its symbolism and history are
directly linked to the enslavement, torture and murder of millions of
African Americans throughout the mid-19th Century and beyond. Even
today, the Confederate flag is accounted in the Anti-Defamation League's
Hate Symbols Database and is considered to be one of the most prevalent
symbols of white supremacy. Its public display is designed only to
instill fear, intimidation and a direct threat of violence towards
others.

New York State has already taken actions in regards to deeming the
Confederate flag as a symbol of hate. In 2018, the Commissioner of the
Department of Agriculture and Markets penned a memo urging vendors to
practice inclusive standards, and to prohibit the sale or display of
products that may be considered offensive after numerous complaints of
Confederate products at the State Fair. The Commissioner stated that the
sale of these offensive products could pose an issue to public health
and safety concerns.


This bill would limit the display of the Confederate flag, as well as
other symbols of hate, on or within the grounds of public property,
including fairgrounds. Further, it makes clear that New York State will
not tolerate racism, exclusion, oppression, and violence through the
display of such antagonistic and deeply hurtful symbols.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately; provided, however, that section three of this act shall
take effect on the ninetieth day after it shall have become law.  Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.

S8298A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8298--A
 
                             I N  S E N A T E
 
                                May 8, 2020
                                ___________
 
 Introduced  by Sens. BIAGGI, COMRIE, GOUNARDES, HOYLMAN, JACKSON, KRUEG-
   ER, LIU, METZGER, RIVERA, SEPULVEDA, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations  and  Government  Operations  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the public buildings law, in relation to prohibiting the
   state of New York from selling or displaying symbols of hate;  and  to
   amend  the  agriculture  and  markets  law, in relation to prohibiting
   symbols of hate from being sold or displayed by vendors  on  the  fair
   grounds  and  directing the commissioner of agriculture and markets to
   oversee and ensure  that  all  agricultural  societies  or  institutes
   create  and reasonably enforce policies and operational practices that
   prohibit vendors from selling  or  displaying  in  such  society's  or
   intitute's fairs or expositions, symbols of hate or any similar image
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public buildings law is amended by adding a new section
 146 to read as follows:
   § 146. PROHIBIT SYMBOLS OF HATE. 1. THE STATE OF NEW  YORK  SHALL  NOT
 SELL  OR  DISPLAY  ANY SYMBOLS OF HATE OR ANY SIMILAR IMAGE, OR TANGIBLE
 PERSONAL PROPERTY, INSCRIBED WITH SUCH AN IMAGE UNLESS THE IMAGE APPEARS
 IN A BOOK,  DIGITAL MEDIUM, OR STATE MUSEUM THAT SERVES  AN  EDUCATIONAL
 OR HISTORICAL PURPOSE.
   2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "SYMBOLS OF HATE" SHALL
 INCLUDE, BUT NOT BE LIMITED TO  SYMBOLS  OF  WHITE  SUPREMACY,  NEO-NAZI
 IDEOLOGY OR THE BATTLE FLAG OF THE CONFEDERACY.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 31-d to read as follows:
   § 31-D. PROHIBITION OF SYMBOLS OF HATE AT THE STATE FAIR.  1.  SYMBOLS
 OF  HATE  OR ANY SIMILAR IMAGE, OR TANGIBLE PERSONAL PROPERTY, INSCRIBED
 WITH SUCH AN IMAGE, SHALL BE PROHIBITED FROM BEING SOLD OR DISPLAYED  BY
 VENDORS ON THE FAIR GROUNDS, UNLESS THE IMAGE APPEARS IN A BOOK, DIGITAL
 MEDIUM, OR OTHERWISE SERVES AN EDUCATIONAL OR HISTORICAL PURPOSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16200-11-0

 S. 8298--A                          2
 
   2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "SYMBOLS OF HATE" SHALL
 BE DEFINED IN THE SAME MANNER PURSUANT TO SECTION ONE HUNDRED  FORTY-SIX
 OF THE PUBLIC BUILDINGS LAW. THE TERM "FAIR GROUNDS" SHALL BE DEFINED IN
 THE SAME MANNER PURSUANT TO SECTION THIRTY-ONE OF THIS ARTICLE.
   § 3. Section 287 of the agriculture and markets law, as added by chap-
 ter 336 of the laws of 1928, is amended to read as follows:
   § 287. Supervision  of  agricultural  fairs  and  expositions.  1. The
 commissioner, after consultation with the dean of the State  College  of
 Agriculture  at  Cornell  University,  shall have power to establish and
 promulgate from time to time standards for the conduct of such fairs and
 expositions in respect to premium lists,  exhibits,  judging  and  other
 educational  and agricultural activities. THE COMMISSIONER SHALL OVERSEE
 AND ENSURE THAT ALL AGRICULTURAL  SOCIETIES  OR  INSTITUTES  CREATE  AND
 REASONABLY  ENFORCE  POLICIES  AND  OPERATIONAL  PRACTICES THAT PROHIBIT
 VENDORS FROM SELLING OR DISPLAYING  IN  SUCH  SOCIETY'S  OR  INSTITUTE'S
 FAIRS  OR EXPOSITIONS, SYMBOLS OF HATE OR ANY SIMILAR IMAGE, OR TANGIBLE
 PERSONAL PROPERTY, INSCRIBED WITH SUCH AN IMAGE UNLESS THE IMAGE APPEARS
 IN A BOOK, DIGITAL MEDIUM, OR OTHERWISE SERVES AN EDUCATIONAL OR HISTOR-
 ICAL PURPOSE. No disbursement shall be made to any agricultural  society
 or  to  said  institute if the last preceding fair or exposition of such
 society or said institute shall not have been of a standard  worthy,  in
 the  opinion  of the commissioner, of state aid, based upon its contrib-
 ution to the promotion of agriculture and domestic arts.   NO  DISBURSE-
 MENT  SHALL  BE  MADE TO ANY AGRICULTURAL SOCIETY OR INSTITUTE, OF STATE
 AID, IF IN THE OPINION OF THE COMMISSIONER, THE LAST PRECEDING  FAIR  OR
 EXPOSITION  OF  SUCH SOCIETY OR INSTITUTE FAILED TO CREATE OR REASONABLY
 ENFORCE POLICIES AND  OPERATIONAL  PRACTICES  PROHIBITING  THE  SALE  OR
 DISPLAY OF SYMBOLS OF HATE.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERM "SYMBOLS OF
 HATE"  SHALL  BE  DEFINED  IN  THE  SAME  MANNER PURSUANT TO SECTION ONE
 HUNDRED FORTY-SIX OF THE PUBLIC BUILDINGS LAW.
   § 4. This act shall take effect immediately; provided,  however,  that
 section  three  of this act shall take effect on the ninetieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.

Co-Sponsors

view additional co-sponsors

S8298B (ACTIVE) - Details

See Assembly Version of this Bill:: A10729
Law Section:: Public Buildings Law
Laws Affected:: Add §146, Pub Bldg L; amd §16, Ag Mkts L

S8298B (ACTIVE) - Summary

S8298B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8298B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the public buildings law and the agriculture and markets
law, in relation to prohibiting the state of New York from selling or
displaying symbols of hate

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the State of New York from selling or displaying symbols of
hate.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 146 to the public buildings law to prohibit
the sale or display of hate symbols in public buildings unless serving
an educational or historical purpose.

Section 2 adds a new section 16 to the agriculture and markets law, to

empower the commissioner to take any measures necessary to prohibit
symbols of from being sold at the State Fair and any other fairs in New
York State that receive federal, local, or state funding.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The Confederate Flag is a symbol of racism, exclusion, oppression and
violence towards African Americans. Its symbolism and history are
directly linked to the enslavement, torture and murder of millions of
African Americans throughout the mid-19th Century and beyond. Even
today, the Confederate flag is accounted in the Anti-Defamation League's
Hate Symbols Database and is considered to be one of the most prevalent
symbols of white supremacy. Its public display is designed only to
instill fear, intimidation and a direct threat of violence towards
others.

New York State has already taken actions in regards to deeming the
Confederate flag as a symbol of hate. In 2018, the Commissioner of the
Department of Agriculture and Markets penned a memo urging vendors to
practice inclusive standards, and to prohibit the sale or display of
products that may be considered offensive after numerous complaints of
Confederate products at the State Fair. The Commissioner stated that the
sale of these offensive products could pose an issue to public health
and safety concerns.

This bill would limit the display of the Confederate flag, as well as
other symbols of hate, on or within the grounds of public property,
including fairgrounds. Further, it makes clear that New York State will
not tolerate racism, exclusion, oppression, and violence through the
display of such antagonistic and deeply hurtful symbols.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

S8298B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8298--B
 
                             I N  S E N A T E
 
                                May 8, 2020
                                ___________
 
 Introduced  by Sens. BIAGGI, CARLUCCI, COMRIE, GOUNARDES, HOYLMAN, JACK-
   SON, KRUEGER, LIU, METZGER, RIVERA, SEPULVEDA, SKOUFIS --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Investigations  and Government Operations -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public buildings law and the agriculture and markets
   law, in relation to prohibiting the state of New York from selling  or
   displaying symbols of hate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public buildings law is amended by adding a new section
 146 to read as follows:
   § 146. PROHIBIT SYMBOLS OF HATE. 1. THE STATE OF NEW  YORK  SHALL  NOT
 SELL  OR  DISPLAY  ANY SYMBOLS OF HATE OR ANY SIMILAR IMAGE, OR TANGIBLE
 PERSONAL PROPERTY, INSCRIBED WITH SUCH AN IMAGE UNLESS THE IMAGE APPEARS
 IN A BOOK, DIGITAL MEDIUM, MUSEUM, OR OTHERWISE SERVES AN EDUCATIONAL OR
 HISTORICAL PURPOSE.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM "SYMBOLS OF HATE"  SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED TO, SYMBOLS OF WHITE SUPREMACY, NEO-NAZI
 IDEOLOGY OR THE BATTLE FLAG OF THE CONFEDERACY.
   § 2. Section 16 of the agriculture  and  markets  law  is  amended  by
 adding a new subdivision 51 to read as follows:
   51.  TAKE  ANY MEASURES NECESSARY TO PROHIBIT THE SALE, ON THE GROUNDS
 OF THE STATE FAIR AND ANY OTHER FAIRS THAT RECEIVE  GOVERNMENT  FUNDING,
 OF  SYMBOLS  OF HATE, AS DEFINED IN SECTION ONE HUNDRED FORTY-SIX OF THE
 PUBLIC BUILDINGS LAW,  OR ANY SIMILAR IMAGE, OR TANGIBLE PERSONAL  PROP-
 ERTY,  INSCRIBED WITH SUCH AN IMAGE, UNLESS THE IMAGE APPEARS IN A BOOK,
 DIGITAL  MEDIUM,  OR  OTHERWISE  SERVES  AN  EDUCATIONAL  OR  HISTORICAL
 PURPOSE.
   §  3.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16200-18-0

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The New York State Senate

senate Bill S8298B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Jul 20, 2020

Bill Amendments

Co-Sponsors

S8298 - Details

S8298 - Summary

S8298 - Sponsor Memo

S8298 - Bill Text download pdf

Co-Sponsors

S8298A - Details

S8298A - Summary

S8298A - Sponsor Memo

S8298A - Bill Text download pdf

Co-Sponsors

S8298B (ACTIVE) - Details

S8298B (ACTIVE) - Summary

S8298B (ACTIVE) - Sponsor Memo

S8298B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8298B

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Jul 20, 2020

Bill Amendments

Co-Sponsors

S8298 - Details

S8298 - Summary

S8298 - Sponsor Memo

S8298 - Bill Text download pdf

Co-Sponsors

S8298A - Details

S8298A - Summary

S8298A - Sponsor Memo

S8298A - Bill Text download pdf

Co-Sponsors

S8298B (ACTIVE) - Details

S8298B (ACTIVE) - Summary

S8298B (ACTIVE) - Sponsor Memo

S8298B (ACTIVE) - Bill Text download pdf

Comments