NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6349
SPONSOR: Lucas TITLE OF BILL:
An act to amend the civil service law, in relation to prohibiting a
person convicted of rebellion or insurrection against the authority of
the United States or the laws thereof from state and municipal employ-
ment
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit a person convicted of rebellion or insurrection
against the authority of the United States or the laws thereof from
state and municipal employment in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1.
(d) shall stand convicted of violating section two thousand three
hundred eighty-six of title eighteen of the United States code.
Section 2: Effective date.
JUSTIFICATION:
American democracy was under attack on January 6, 2021 in the United
States Capitol by insurrectionists attempting to overturn the legal
election of Joseph Biden for the United States presidency through
violence, intimidation and by other means. There is legitimate concern
that this attempt to overthrow our democracy will occur again at the
federal, state and local levels. This bill would prohibit a person
convicted of rebellion or insurrection against the authority of the
United States or the laws thereof from state and municipal employment in
New York State.
PRIOR LEGISLATIVE HISTORY:
A10564, 2024
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6349
2025-2026 Regular Sessions
IN ASSEMBLY
March 4, 2025
___________
Introduced by M. of A. LUCAS -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to prohibiting a
person convicted of rebellion or insurrection against the authority of
the United States or the laws thereof from state and municipal employ-
ment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b), and (c) of subdivision 1 of section
2 105 of the civil service law, as added by chapter 790 of the laws of
3 1958, are amended and a new paragraph (d) is added to read as follows:
4 (a) by word of mouth or writing [wilfully] willfully and deliberately
5 advocates, advises or teaches the doctrine that the government of the
6 United States or of any state or of any political subdivision thereof
7 should be overthrown or overturned by force, violence or any unlawful
8 means; [or]
9 (b) prints, publishes, edits, issues or sells, any book, paper, docu-
10 ment or written or printed matter in any form, containing or advocating,
11 advising or teaching the doctrine that the government of the United
12 States or of any state or of any political subdivision thereof should be
13 overthrown by force, violence or any unlawful means, and who advocates,
14 advises, teaches, or embraces the duty, necessity or propriety of adopt-
15 ing the doctrine contained therein; [or]
16 (c) organizes or helps to organize or becomes a member of any society
17 or group of persons which teaches or advocates that the government of
18 the United States or of any state or of any political subdivision there-
19 of shall be overthrown by force or violence, or by any unlawful
20 means[.]; or
21 (d) shall stand convicted of violating section two thousand three
22 hundred eighty-six of title eighteen of the United States code.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07913-01-5
