NY State Senate Bill 2021-S883

Archive: Last Bill Status Via A962 - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2021	signed chap.5
Jan 27, 2021	delivered to governor
Jan 20, 2021	returned to assembly passed senate 3rd reading cal.36 substituted for s883
Jan 20, 2021	substituted by a962
Jan 11, 2021	ordered to third reading cal.36
Jan 06, 2021	referred to rules

Votes

- Jan 20, 2021 - Floor Vote
  A962
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 20, 2021
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Skoufis
  Jan 11, 2021 - Rules Committee Vote
  S883
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 11, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Lanza

2021-S883 (ACTIVE) - Details

See Assembly Version of this Bill:: A962
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §3, Chap of 2020 (as proposed in S.8298-B & A.10729-A)

2021-S883 (ACTIVE) - Summary

Prohibits symbols of hate on state owned property.

2021-S883 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S883

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohib-
iting symbols of hate on state owned property at the state fair; and to
amend a chapter of the laws of 2020, amending the public buildings law
and the agriculture and markets law relating to prohibiting the state of
New York from selling  or displaying symbols of hate, as proposed in
legislative bills numbers S.8298-B and A.10729-A, in relation to making
the provisions of such act severable

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2020,
C.343.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by removing the prohibi-

tion against symbols of hate being sold at the State Fair, and instead
would prohibit any individual from attaching or affixing a symbol of
hate, or any other similar image, to state property at the State Fair.
Additionally, this proposal also removes the language prohibiting
symbols of hate or any other similar images from being sold by vendors
at other publicly-funded fairs in New York State, like county fairs.
Lastly, this proposal would amend the chapter by adding a severability
clause.

 
JUSTIFICATION:

Pursuant to approval memo 47 of 2020, the Executive expressed constitu-
tional concerns over a content-based legislative ban on symbols of hate.
However, the Executive does support, the intent behind the original
proposal, of creating a safe and family-friendly atmosphere at the State
Fair. To honor the original intent of the legislation within the strict
constitutional limits on the legislature's ability to enact content-
based prohibitions, this proposal prohibits any individual from attach-
ing or affixing a symbol of hate, or any other similar image, to state
property at the State Fair.

The Executive also expressed enforceability concerns on extending this
proposal to all publicly-funded fairs in the state, noting that the
State Fair is uniquely under the State's directive, unlike the many
other public fairs across the state. Lastly, this proposal amends the
underlying chapter with the introduction of a severability clause, at
the Executive's request.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 343 of the Laws of 2020.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2020, amending the public buildings law and the
agriculture and markets law relating to prohibiting the state of New
York from selling or displaying symbols of hate, as proposed in legisla-
tive bills number S.8298-B and A.10729-A, takes effect.

2021-S883 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    883
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the agriculture and markets law, in relation to  prohib-
   iting  symbols  of hate on state owned property at the state fair; and
   to amend a chapter of the laws of 2020, amending the public  buildings
   law  and  the  agriculture and markets law relating to prohibiting the
   state of New York from selling   or displaying  symbols  of  hate,  as
   proposed  in  legislative  bills  numbers  S.8298-B  and A.10729-A, in
   relation to making the provisions of such act severable
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 51 of section 16 of the agriculture and markets
 law,  as  added  by  a  chapter of the laws of 2020, amending the public
 buildings law and the agriculture and markets law relating to  prohibit-
 ing the state of New York from selling or displaying symbols of hate, as
 proposed  in legislative bills numbers S.8298-B and A.10729-A,is amended
 to read as follows:
   51. [Take] AND SHALL TAKE any  measures  necessary  to  prohibit  [the
 sale,]  ANY PERSON FROM ATTACHING OR AFFIXING TO STATE OWNED PROPERTY on
 the grounds of the state fair [and any other fairs that receive  govern-
 ment funding, of] ANY symbols of hate, as defined in section one hundred
 forty-six  of the public buildings law,  or any similar image, or tangi-
 ble personal property, inscribed with such an image,  unless  the  image
 appears in a book, digital medium, or otherwise serves an educational or
 historical purpose.
   §  2.  Section 3 of a chapter of the laws of 2020, amending the public
 buildings law and the agriculture and markets law relating to  prohibit-
 ing the state of New York from selling or displaying symbols of hate, as
 proposed  in legislative bills numbers S.8298-B and A.10729-A, is renum-
 bered section 4 and a new section 3 is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07176-01-1

 S. 883                              2
 
   § 3. IF ANY PROVISION OF THIS ACT OR APPLICATION THEREOF TO ANY PERSON
 OR CIRCUMSTANCES IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT OTHER
 PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
 THE INVALID PROVISION, AND TO THIS END THE PROVISIONS OF  THIS  ACT  ARE
 DECLARED TO BE SEVERABLE.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2020, amending the  public  buildings
 law  and  the  agriculture  and  markets law relating to prohibiting the
 state of New York  from  selling  or  displaying  symbols  of  hate,  as
 proposed  in  legislative  bills  numbers  S.8298-B and A.10729-A, takes
 effect.

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Senate Bill S883

Sponsored By

Archive: Last Bill Status Via A962 - Signed by Governor

Jan 20, 2021 - Floor Vote

Floor Vote: Jan 20, 2021

Jan 11, 2021 - Rules Committee Vote

Rules Committee Vote: Jan 11, 2021

2021-S883 (ACTIVE) - Details

2021-S883 (ACTIVE) - Summary

2021-S883 (ACTIVE) - Sponsor Memo

2021-S883 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S883

Share this bill

Sponsored By

Alessandra Biaggi

Archive: Last Bill Status Via A962 - Signed by Governor

2021-S883 (ACTIVE) - Details

2021-S883 (ACTIVE) - Summary

2021-S883 (ACTIVE) - Sponsor Memo

2021-S883 (ACTIVE) - Bill Text download pdf

Comments