S T A T E O F N E W Y O R K
________________________________________________________________________
5458--B
Cal. No. 170
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
___________
Introduced by M. of A. SOLAGES, GRIFFIN, SILLITTI, TAYLOR, EPSTEIN,
DICKENS, GONZALEZ-ROJAS, KELLES, ZINERMAN, JACKSON, LAVINE, LUNSFORD
-- read once and referred to the Committee on Local Governments --
ordered to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading -- again amended on third
reading, ordered reprinted, retaining its place on the order of third
reading
AN ACT to amend the general municipal law and the public buildings law,
in relation to prohibiting municipal officers or employees from
displaying political advertisements on or within public buildings and
various other locations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 99-z to read as follows:
§ 99-Z. MUNICIPAL OFFICERS OR EMPLOYEES PROHIBITED FROM DISPLAYING
POLITICAL ADVERTISEMENTS ON PUBLIC PROPERTY. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "MUNICIPAL OFFICER OR EMPLOYEE" SHALL HAVE THE SAME MEANING AS
DEFINED PURSUANT TO SECTION EIGHT HUNDRED OF THIS CHAPTER, EXCEPT THAT
IT SHALL ALSO INCLUDE MEMBERS OF ANY VOLUNTEER FIRE DEPARTMENT WHICH IS
PART OF SUCH MUNICIPALITY.
(B) "POLITICAL ADVERTISEMENT" SHALL MEAN ANY POSTER, SIGN, FLAG,
BANNER, PICTURE, STICKER, PATCH, BUMPER STICKER, ARTICLE OF CLOTHING,
ACCESSORY OR ANY OTHER ITEM MEANT TO ADVERTISE OR PROMOTE A CERTAIN
INDIVIDUAL FOR POLITICAL OFFICE.
2. A MUNICIPAL OFFICER OR EMPLOYEE, WHETHER PAID OR UNPAID, SHALL BE
PROHIBITED FROM DISPLAYING OR CAUSING TO BE DISPLAYED ANY POLITICAL
ADVERTISEMENT ON OR WITHIN ANY PUBLIC BUILDING, FLAG POLE, MONUMENT,
SIGN OR ANY OTHER PERMANENT STRUCTURE, ON ANY UNIFORM, ACCESSORY OR
OTHER GEAR WORN OR USED BY A MUNICIPAL OFFICER AS PART OF THEIR OFFICIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09066-11-2
A. 5458--B 2
CAPACITY, AS WELL AS ON OR WITHIN ANY MUNICIPALLY OWNED VEHICLE, VEHICLE
OWNED BY A VOLUNTEER FIRE COMPANY, OR ANY EQUIPMENT OWNED BY A MUNICI-
PALITY OR FIRE DEPARTMENT.
3. THIS SECTION SHALL NOT APPLY WHEN SUCH A POLITICAL ADVERTISEMENT
APPEARS IN A BOOK, DIGITAL MEDIUM, MUSEUM, OR OTHERWISE SERVES AN EDUCA-
TIONAL OR HISTORICAL PURPOSE, OR IN INSTANCES WHERE THE CERTAIN INDIVID-
UAL WHO IS THE SUBJECT OF SUCH POLITICAL ADVERTISEMENT IS DECEASED.
§ 2. The public buildings law is amended by adding a new section 147
to read as follows:
§ 147. MUNICIPAL OFFICERS OR EMPLOYEES PROHIBITED FROM DISPLAYING
POLITICAL ADVERTISEMENTS ON PUBLIC PROPERTY. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "MUNICIPAL OFFICER OR EMPLOYEE" SHALL HAVE THE SAME MEANING AS
DEFINED PURSUANT TO SECTION EIGHT HUNDRED OF THE GENERAL MUNICIPAL LAW,
EXCEPT THAT IT SHALL ALSO INCLUDE MEMBERS OF ANY VOLUNTEER FIRE DEPART-
MENT WHICH IS PART OF SUCH MUNICIPALITY.
(B) "POLITICAL ADVERTISEMENT" SHALL MEAN ANY POSTER, SIGN, FLAG,
BANNER, PICTURE, STICKER, PATCH, BUMPER STICKER, ARTICLE OF CLOTHING,
ACCESSORY OR ANY OTHER ITEM MEANT TO ADVERTISE OR PROMOTE A CERTAIN
INDIVIDUAL FOR POLITICAL OFFICE.
2. A MUNICIPAL OFFICER OR EMPLOYEE, WHETHER PAID OR UNPAID, SHALL BE
PROHIBITED FROM DISPLAYING OR CAUSING TO BE DISPLAYED ANY POLITICAL
ADVERTISEMENT ON OR WITHIN ANY PUBLIC BUILDING, FLAG POLE, MONUMENT,
SIGN OR ANY OTHER PERMANENT STRUCTURE, AS WELL AS ANY OTHER LOCATION
SPECIFIED PURSUANT TO SECTION NINETY-NINE-Z OF THE GENERAL MUNICIPAL LAW
THAT SUCH MUNICIPAL OFFICER INTERACTS WITH AS PART OF THEIR OFFICIAL
CAPACITY.
3. THIS SECTION SHALL NOT APPLY WHEN SUCH A POLITICAL ADVERTISEMENT
APPEARS IN A BOOK, DIGITAL MEDIUM, MUSEUM, OR OTHERWISE SERVES AN EDUCA-
TIONAL OR HISTORICAL PURPOSE, OR IN INSTANCES WHERE THE CERTAIN INDIVID-
UAL WHO IS THE SUBJECT OF SUCH POLITICAL ADVERTISEMENT IS DECEASED.
§ 3. This act shall take effect immediately.