The New York State Senate

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

                                  8553

                            I N  S E N A T E

                              June 15, 2020
                               ___________

Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law, the transportation law,  the  vehicle
  and   traffic   law,  the  town  law,  the  county  law,  the  general
  construction law and the personal property law, in relation to  chang-
  ing  the  designation of the public holiday of Columbus day to Indige-
  nous People's day

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

  Section  1.  The legislature hereby declares that beginning the second
Monday in October 2019, the holiday formerly known as Columbus day  will
be designated as Indigenous People's day.
  §  2. Subdivision 2 of section 403 of the executive law, as amended by
chapter 666 of the laws of 2004, is amended to read as follows:
  2. The flag shall be displayed daily, weather permitting, on  or  near
the  main  administration building of every public institution, whenever
such institution  is  open  to  the  public.  The  flag  shall  also  be
displayed,  weather  permitting, on the following days in each year: the
first day of January, known as New Year's day; the third Monday of Janu-
ary, known as Dr. Martin Luther King, Jr. day; the twelfth day of Febru-
ary, known as Lincoln's birthday; the third Monday in February, known as
Washington's birthday; the last Monday in May, known  as  Memorial  day;
the  second  Sunday  of June, known as Flag day; the fourth day of July,
known as Independence day; the first Monday in September, known as Labor
day; the third Friday in September, known as National  POW/MIA  Recogni-
tion day, except if such date of commemoration cannot be observed due to
a  religious  holiday,  such  observances shall then be conducted on the
second Friday in September; September eleventh, known as September  11th
Remembrance  Day;  the  second  Monday  in  October, known as [Columbus]
INDIGENOUS PEOPLE'S day; the eleventh day of November, known as Veterans
day; the fourth Thursday in November, known  as  Thanksgiving  day;  the
seventh day of December, known as Pearl Harbor day; and the twenty-fifth
day  of December, known as Christmas day, and if any of such days except
Flag day is Sunday, the next day thereafter; each general election  day,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00048-01-9

S. 8553                             2

and  each  day appointed by the President of the United States or by the
Governor of this state as a day of general thanksgiving or for  display-
ing the flag.
  §  3.  Subparagraph  (i)  of paragraph (e) of subdivision 4 of section
14-f of the transportation law, as amended by chapter 173 of the laws of
1990, is amended to read as follows:
  (i) Any complaint issued for an  equipment  violation,  except  for  a
violation  involving  an out-of-service defect or except for a violation
involving the operation of any motor vehicle after it  has  been  placed
out  of  service, shall be dismissed by the court before such summons is
returnable if the violation as set forth in the summons is corrected not
later than one-half hour after sunset on the  first  full  business  day
after  the  issuance  of the summons and proof of such correction as set
forth in subparagraph (ii) of this paragraph is submitted to the  court.
For  the  purposes  of  this subparagraph, "business day" shall mean any
calendar day except Sunday, or  the  following  business  holidays:  New
Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
Day, [Columbus] INDIGENOUS PEOPLE'S Day, Veterans' Day, Thanksgiving Day
and Christmas Day.
  §  4. Item (a) of subparagraph (iv) of paragraph c of subdivision 2 of
section 140 of the transportation law, as separately amended by chapters
369 and 654 of the laws of 1994, such paragraph as relettered by section
6 of part G of chapter 58 of the laws of 2012, is  amended  to  read  as
follows:
  (a)  Any  complaint  issued  for  an equipment violation, except for a
violation involving an out-of-service defect relating  to  load  secure-
ment,  brake  systems,  steering  components  and/or coupling devices or
except for a violation involving the  operation  of  any  motor  vehicle
after it has been placed out-of-service, shall be dismissed by the court
before  such  summons is returnable if the violation as set forth in the
summons is corrected not later than one-half hour after  sunset  on  the
first  full  business  day, or if such complaint involves a farm vehicle
registered pursuant to subdivision thirteen of section four hundred  one
of  the  vehicle  and  traffic  law and operated in conformance with the
terms of such registration, not later than one-half hour after sunset on
the third full business day after the issuance of the summons and  proof
of  such  correction  as  set  forth in item (b) of this subparagraph is
submitted to the court. For the purposes of this subparagraph, "business
day" shall mean any calendar day except Sunday, or the  following  busi-
ness  holidays:  New  Year's  Day,  Washington's Birthday, Memorial Day,
Independence Day, Labor Day, [Columbus] INDIGENOUS PEOPLE'S Day,  Veter-
ans' Day, Thanksgiving Day and Christmas Day.
  § 5. Subdivision 4 of section 376-a of the vehicle and traffic law, as
amended  by  chapter  302  of  the  laws  of 2013, is amended to read as
follows:
  4. Any complaint issued for any violation  of  section  three  hundred
seventy-five,  three  hundred seventy-six or three hundred eighty-one of
this  article  relative  to  required  equipment,  except  a   violation
described in subdivision two of this section, subdivision forty-seven of
section  three  hundred  seventy-five  of this article, and except for a
violation relating to service brakes, shall be dismissed  by  the  court
before  which the summons is returnable if the violation as set forth in
the summons is corrected not later than one-half hour  after  sunset  on
the  first full business day after the issuance of the summons and proof
of such correction as set forth in subdivision five of this  section  is
submitted  to the court. For the purposes of this subdivision, "business

S. 8553                             3

day" shall mean any calendar day except  Saturday  and  Sunday,  or  the
following  business  holidays:  New  Year's  Day, Washington's Birthday,
Memorial  Day,  Independence  Day,  Labor  Day,  [Columbus]   INDIGENOUS
PEOPLE'S Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
  § 6. Subdivision 12 of section 64 of the town law, as amended by chap-
ter 658 of the laws of 2004, is amended to read as follows:
  12.  Appropriations  for  Independence  day,  Memorial day, [Columbus]
INDIGENOUS PEOPLE'S day and Veterans day. Any town may appropriate annu-
ally such sums as it may deem appropriate for the purpose  of  defraying
the  expenses  of the proper observance of Independence day, Memorial or
Decoration day, [Columbus] INDIGENOUS PEOPLE'S day and Veterans  day  in
such  proportion  as  it may determine. Any town of the first class, or,
any town having a population  of  five  thousand  inhabitants  or  more,
excepting  any  such town having a population of two hundred twenty-five
thousand inhabitants or more, according to the latest federal census, in
which one or more posts, camps or chapters of  the  Grand  Army  of  the
Republic, the United Spanish War Veterans, the Veterans of Foreign Wars,
the  Jewish  War  Veterans  of the United States, Inc., the Catholic War
Veterans, Inc., the Italian American War Veterans of the United  States,
Incorporated,  the  Polish Legion of American Veterans, Inc., the Marine
Corps League, the Military Order of the Purple Heart, Inc., the American
Legion, the Disabled American Veterans,  AMVETS,  American  Veterans  of
World  War  II,  Masonic  War  Veterans  of the State of New York, Inc.,
Veterans of World War I of the United States of  America  Department  of
New York, Inc., China-Burma-India Veterans Association, Inc., Polish-Am-
erican Veterans of World War II, Amsterdam, N. Y., Inc., Polish-American
Veterans  of  World War II, Schenectady, N.  Y., Inc., the Sons of Union
Veterans, Vietnam Veterans  of  America,  World  War  Veterans  Club  of
Lindenhurst,  Inc. or the Eastern Paralyzed Veterans Association exists,
may appropriate annually an amount not to exceed five  thousand  dollars
for  such purpose, and any town having a population of two hundred twen-
ty-five thousand inhabitants or more, according to  the  latest  federal
census,  in  which  one or more such posts, camps or chapters exists may
annually appropriate an amount not to exceed five thousand  dollars  for
such  purpose, and any town which has a population of five hundred thou-
sand inhabitants or more, according to the  latest  federal  census,  in
which  one  or  more  such  posts, camps or chapters exists may annually
appropriate an amount not  to  exceed  ten  thousand  dollars  for  such
purpose.  Any  moneys  appropriated  pursuant  to the provisions of this
subdivision shall be a general town charge,  except  that  in  any  town
having  a  population of two hundred twenty-five thousand inhabitants or
more there shall be a charge on that portion of the town outside of  any
village  therein  and  shall be assessed, levied and collected from real
property outside of any such village. Such sum when collected  shall  be
paid  to  the  supervisor  of  such town and be disbursed by him in such
manner as the town board of such town may direct upon vouchers  properly
receipted and audited by the town board of such town; except that in any
town  in which there may be a post, camp or chapter of the Grand Army of
the Republic, the United Spanish War Veterans, the Veterans  of  Foreign
Wars,  the  Jewish War Veterans of the United States, Inc., the Catholic
War Veterans, Inc., the Italian American  War  Veterans  of  the  United
States,  Incorporated, the Polish Legion of American Veterans, Inc., the
Marine Corps League, the Military Order of the Purple Heart,  Inc.,  the
American Legion, the Disabled American Veterans, AMVETS, American Veter-
ans  of  World  War  II,  Masonic War Veterans of the State of New York,
Inc., Veterans of World War I of the United States of America Department

S. 8553                             4

of  New  York,  Inc.,  China-Burma-India  Veterans  Association,   Inc.,
Polish-American  Veterans  of  World  War  II,  Amsterdam,  N. Y., Inc.,
Polish-American Veterans of World War II, Schenectady, N.  Y., Inc., the
Sons  of Union Veterans, Vietnam Veterans of America, World War Veterans
Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association,
in any such town, the commanders and quartermasters of such posts,  camp
or  chapter  may direct the manner and extent of such observance and the
supervisor shall pay the expenses thereof upon the order  or  orders  of
the  commander  or  quartermaster  of  such post, camp or chapter, which
orders shall be his vouchers for such payment, and in case there may  be
two  or more posts, camps or chapters of the Grand Army of the Republic,
the United Spanish War Veterans,  the  Veterans  of  Foreign  Wars,  the
Jewish  War Veterans of the United States, Inc., the Catholic War Veter-
ans, Inc., the Italian American  War  Veterans  of  the  United  States,
Incorporated,  the  Polish Legion of American Veterans, Inc., the Marine
Corps League, the Military Order of the Purple Heart, Inc., the American
Legion, the Disabled American Veterans,  AMVETS,  American  Veterans  of
World  War  II,  Masonic  War  Veterans  of the State of New York, Inc.,
Veterans of World War I of the United States of  America  Department  of
New York, Inc., China-Burma-India Veterans Association, Inc., Polish-Am-
erican Veterans of World War II, Amsterdam, N. Y., Inc., Polish-American
Veterans  of  World  War II, Schenectady, N. Y., Inc., the Sons of Union
Veterans, Vietnam Veterans  of  America,  World  War  Veterans  Club  of
Lindenhurst,  Inc. or the Eastern Paralyzed Veterans Association, in any
such town, the commanders and quartermasters of  such  posts,  camps  or
chapters  by concurrent action, shall direct the supervisor of such town
what proportion of such moneys so raised shall be expended  by  each  of
such  posts,  camps  or  chapters which proportion shall be paid by such
supervisor upon the order or orders of the commander  and  quartermaster
of  each  of  such  posts. In case there is a post, camp or chapter in a
town adjoining a town in which no post,  camp  or  chapter  is  located,
whose  membership  includes at least three residents of such town having
no post, camp or chapter, the post, camp  or  chapter  shall  appoint  a
committee of not less than three of its members who are residents of the
said  adjoining  town in which the post, camp or chapter is not located,
and the supervisor of said town shall pay the expenses of observance  of
Independence  day,  Memorial or Decoration day and Veterans day upon the
order or orders of said committee or a majority  thereof,  which  orders
shall be his vouchers for such payment.
  §  7.  Section  226-a of the county law, as added by chapter 80 of the
laws of 1969, is amended to read as follows:
  § 226-a. Patriotic observances. The county legislature and/or board of
supervisors, as the case may be, of any county or  borough  outside  the
city of New York, is hereby authorized to appropriate and set aside each
year  such  sums it may deem proper for the purpose of providing for the
due and proper observance of any  legal  holiday,  including  [Columbus]
INDIGENOUS PEOPLE'S day.
  § 8. Section 24 of the general construction law, as amended by chapter
347 of the laws of 1984, is amended to read as follows:
  § 24. Public holidays; half-holidays. The term public holiday includes
the following days in each year:  the first day of January, known as New
Year's  day;  the  third  Monday  of January, known as Dr. Martin Luther
King, Jr. day; the twelfth day of February, known as Lincoln's birthday;
the third Monday in February, known as Washington's birthday;  the  last
Monday  in  May, known as Memorial day; the second Sunday in June, known
as Flag day; the fourth day of July,  known  as  Independence  day;  the

S. 8553                             5

first  Monday  in  September,  known  as Labor day; the second Monday in
October, known as [Columbus] INDIGENOUS PEOPLE'S day; the  eleventh  day
of  November,  known  as Veterans' day; the fourth Thursday in November,
known  as  Thanksgiving day; and the twenty-fifth day of December, known
as Christmas day, and if any of such days except Flag day is Sunday, the
next day thereafter; each general election day, and each  day  appointed
by  the  president of the United States or by the governor of this state
as a day of general thanksgiving, general fasting and prayer,  or  other
general religious observances. The term half-holiday includes the period
from noon to midnight of each Saturday which is not a public holiday.
  §  9.  Subdivision  6  of section 426 of the personal property law, as
added by chapter 659 of the laws of 1976, is amended to read as follows:
  6. "Business day" shall mean any calendar day except  Sunday,  or  the
following  business  holidays:  New  Year's  Day, Washington's Birthday,
Memorial  Day,  Independence  Day,  Labor  Day,  [Columbus]   INDIGENOUS
PEOPLE'S Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
  §  10.  Subdivision  7 of section 441 of the personal property law, as
added by chapter 326 of the laws of 1995, is amended to read as follows:
  7. "Business day" shall mean any calendar day except  Sunday,  or  the
following  business  holidays:  New  Year's Day, Martin Luther King Day,
Washington's  Birthday,  Memorial  Day,  Independence  Day,  Labor  Day,
[Columbus]  INDIGENOUS PEOPLE'S Day, Veterans Day, Thanksgiving Day, and
Christmas Day.
  § 11. This act shall take effect immediately.