A08676 Summary:

BILL NOA08676
 
SAME ASNo Same As
 
SPONSORBarron
 
COSPNSR
 
MLTSPNSR
 
Amd 403, Exec L; amd 14-f & 140, Transp L; amd 376-a, V & T L; amd 64, Town L; amd 226-a, County L; amd 24, Gen Con L; amd 426 & 441, Pers Prop L
 
Changes the designation of the public holiday of Columbus day to Indigenous People's day.
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A08676 Actions:

BILL NOA08676
 
09/25/2017referred to governmental operations
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A08676 Committee Votes:

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A08676 Floor Votes:

There are no votes for this bill in this legislative session.
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A08676 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8676
 
SPONSOR: Barron
  TITLE OF BILL: 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 changing the designation of the public holiday of Columbus day to Indigenous People's day   PURPOSE OR GENERAL IDEA OF BILL: To replace Columbus Day with Indigenous People's Day   SUMMARY OF PROVISIONS: Columbus did not discover America. Indigenous People's Day reimagines Columbus Day and changes a celebration of colonialism into an opportu- nity to reveal historical truths about the genocide and oppression of indigenous people in the Americas, to organize against current injus- tices and to celebrate indigenous resistance.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION: Renaming the holiday is a small beginning in recognizing indigenous people for their historic and ongoing contributions to history, culture and economic life.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take place immediately.
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A08676 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8676
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 25, 2017
                                       ___________
 
        Introduced by M. of A. BARRON -- read once and referred to the Committee
          on Governmental Operations
 
        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:
 
     1    Section 1. The legislature hereby declares that beginning  the  second
     2  Monday  in October 2017, the holiday formerly known as Columbus day will
     3  be designated as Indigenous People's day.
     4    § 2. Subdivision 2 of section 403 of the executive law, as amended  by
     5  chapter 666 of the laws of 2004, is amended to read as follows:
     6    2.  The  flag shall be displayed daily, weather permitting, on or near
     7  the main administration building of every public  institution,  whenever
     8  such  institution  is  open  to  the  public.  The  flag  shall  also be
     9  displayed, weather permitting, on the following days in each  year:  the
    10  first day of January, known as New Year's day; the third Monday of Janu-
    11  ary, known as Dr. Martin Luther King, Jr. day; the twelfth day of Febru-
    12  ary, known as Lincoln's birthday; the third Monday in February, known as
    13  Washington's  birthday;  the  last Monday in May, known as Memorial day;
    14  the second Sunday of June, known as Flag day; the fourth  day  of  July,
    15  known as Independence day; the first Monday in September, known as Labor
    16  day;  the  third Friday in September, known as National POW/MIA Recogni-
    17  tion day, except if such date of commemoration cannot be observed due to
    18  a religious holiday, such observances shall then  be  conducted  on  the
    19  second  Friday in September; September eleventh, known as September 11th
    20  Remembrance Day; the second  Monday  in  October,  known  as  [Columbus]
    21  Indigenous People's day; the eleventh day of November, known as Veterans
    22  day;  the  fourth  Thursday  in November, known as Thanksgiving day; the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13484-01-7

        A. 8676                             2
 
     1  seventh day of December, known as Pearl Harbor day; and the twenty-fifth
     2  day of December, known as Christmas day, and if any of such days  except
     3  Flag  day is Sunday, the next day thereafter; each general election day,
     4  and  each  day appointed by the President of the United States or by the
     5  Governor of this state as a day of general thanksgiving or for  display-
     6  ing the flag.
     7    §  3.  Subparagraph  (i)  of paragraph (e) of subdivision 4 of section
     8  14-f of the transportation law, as amended by chapter 173 of the laws of
     9  1990, is amended to read as follows:
    10    (i) Any complaint issued for an  equipment  violation,  except  for  a
    11  violation  involving  an out-of-service defect or except for a violation
    12  involving the operation of any motor vehicle after it  has  been  placed
    13  out  of  service, shall be dismissed by the court before such summons is
    14  returnable if the violation as set forth in the summons is corrected not
    15  later than one-half hour after sunset on the  first  full  business  day
    16  after  the  issuance  of the summons and proof of such correction as set
    17  forth in subparagraph (ii) of this paragraph is submitted to the  court.
    18  For  the  purposes  of  this subparagraph, "business day" shall mean any
    19  calendar day except Sunday, or  the  following  business  holidays:  New
    20  Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
    21  Day, [Columbus] Indigenous People's Day, Veterans' Day, Thanksgiving Day
    22  and Christmas Day.
    23    §  4. Item (a) of subparagraph (iv) of paragraph c of subdivision 2 of
    24  section 140 of the transportation law, as separately amended by chapters
    25  369 and 654 of the laws of 1994, such paragraph as relettered by section
    26  6 of part G of chapter 58 of the laws of 2012, is  amended  to  read  as
    27  follows:
    28    (a)  Any  complaint  issued  for  an equipment violation, except for a
    29  violation involving an out-of-service defect relating  to  load  secure-
    30  ment,  brake  systems,  steering  components  and/or coupling devices or
    31  except for a violation involving the  operation  of  any  motor  vehicle
    32  after it has been placed out-of-service, shall be dismissed by the court
    33  before  such  summons is returnable if the violation as set forth in the
    34  summons is corrected not later than one-half hour after  sunset  on  the
    35  first  full  business  day, or if such complaint involves a farm vehicle
    36  registered pursuant to subdivision thirteen of section four hundred  one
    37  of  the  vehicle  and  traffic  law and operated in conformance with the
    38  terms of such registration, not later than one-half hour after sunset on
    39  the third full business day after the issuance of the summons and  proof
    40  of  such  correction  as  set  forth in item (b) of this subparagraph is
    41  submitted to the court. For the purposes of this subparagraph, "business
    42  day" shall mean any calendar day except Sunday, or the  following  busi-
    43  ness  holidays:  New  Year's  Day,  Washington's Birthday, Memorial Day,
    44  Independence Day, Labor Day, [Columbus] Indigenous People's Day,  Veter-
    45  ans' Day, Thanksgiving Day and Christmas Day.
    46    § 5. Subdivision 4 of section 376-a of the vehicle and traffic law, as
    47  amended  by  chapter  302  of  the  laws  of 2013, is amended to read as
    48  follows:
    49    4. Any complaint issued for any violation  of  section  three  hundred
    50  seventy-five,  three  hundred seventy-six or three hundred eighty-one of
    51  this  article  relative  to  required  equipment,  except  a   violation
    52  described in subdivision two of this section, subdivision forty-seven of
    53  section  three  hundred  seventy-five  of this article, and except for a
    54  violation relating to service brakes, shall be dismissed  by  the  court
    55  before  which the summons is returnable if the violation as set forth in
    56  the summons is corrected not later than one-half hour  after  sunset  on

        A. 8676                             3

     1  the  first full business day after the issuance of the summons and proof
     2  of such correction as set forth in subdivision five of this  section  is
     3  submitted  to the court. For the purposes of this subdivision, "business
     4  day"  shall  mean  any  calendar  day except Saturday and Sunday, or the
     5  following business holidays:  New  Year's  Day,  Washington's  Birthday,
     6  Memorial   Day,  Independence  Day,  Labor  Day,  [Columbus]  Indigenous
     7  People's Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
     8    § 6. Subdivision 12 of section 64 of the town law, as amended by chap-
     9  ter 658 of the laws of 2004, is amended to read as follows:
    10    12. Appropriations for  Independence  day,  Memorial  day,  [Columbus]
    11  Indigenous People's day and Veterans day. Any town may appropriate annu-
    12  ally  such  sums as it may deem appropriate for the purpose of defraying
    13  the expenses of the proper observance of Independence day,  Memorial  or
    14  Decoration  day,  [Columbus] Indigenous People's day and Veterans day in
    15  such proportion as it may determine. Any town of the  first  class,  or,
    16  any  town  having  a  population  of  five thousand inhabitants or more,
    17  excepting any such town having a population of two  hundred  twenty-five
    18  thousand inhabitants or more, according to the latest federal census, in
    19  which  one  or  more  posts,  camps or chapters of the Grand Army of the
    20  Republic, the United Spanish War Veterans, the Veterans of Foreign Wars,
    21  the Jewish War Veterans of the United States,  Inc.,  the  Catholic  War
    22  Veterans,  Inc., the Italian American War Veterans of the United States,
    23  Incorporated, the Polish Legion of American Veterans, Inc.,  the  Marine
    24  Corps League, the Military Order of the Purple Heart, Inc., the American
    25  Legion,  the  Disabled  American  Veterans, AMVETS, American Veterans of
    26  World War II, Masonic War Veterans of  the  State  of  New  York,  Inc.,
    27  Veterans  of  World  War I of the United States of America Department of
    28  New York, Inc., China-Burma-India Veterans Association, Inc., Polish-Am-
    29  erican Veterans of World War II, Amsterdam, N. Y., Inc., Polish-American
    30  Veterans of World War II, Schenectady, N.  Y., Inc., the Sons  of  Union
    31  Veterans,  Vietnam  Veterans  of  America,  World  War  Veterans Club of
    32  Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association  exists,
    33  may  appropriate  annually an amount not to exceed five thousand dollars
    34  for such purpose, and any town having a population of two hundred  twen-
    35  ty-five  thousand  inhabitants  or more, according to the latest federal
    36  census, in which one or more such posts, camps or  chapters  exists  may
    37  annually  appropriate  an amount not to exceed five thousand dollars for
    38  such purpose, and any town which has a population of five hundred  thou-
    39  sand  inhabitants  or  more,  according to the latest federal census, in
    40  which one or more such posts, camps  or  chapters  exists  may  annually
    41  appropriate  an  amount  not  to  exceed  ten  thousand dollars for such
    42  purpose. Any moneys appropriated pursuant  to  the  provisions  of  this
    43  subdivision  shall  be  a  general  town charge, except that in any town
    44  having a population of two hundred twenty-five thousand  inhabitants  or
    45  more  there shall be a charge on that portion of the town outside of any
    46  village therein and shall be assessed, levied and  collected  from  real
    47  property  outside  of any such village. Such sum when collected shall be
    48  paid to the supervisor of such town and be  disbursed  by  him  in  such
    49  manner  as the town board of such town may direct upon vouchers properly
    50  receipted and audited by the town board of such town; except that in any
    51  town in which there may be a post, camp or chapter of the Grand Army  of
    52  the  Republic,  the United Spanish War Veterans, the Veterans of Foreign
    53  Wars, the Jewish War Veterans of the United States, Inc.,  the  Catholic
    54  War  Veterans,  Inc.,  the  Italian  American War Veterans of the United
    55  States, Incorporated, the Polish Legion of American Veterans, Inc.,  the
    56  Marine  Corps  League, the Military Order of the Purple Heart, Inc., the

        A. 8676                             4
 
     1  American Legion, the Disabled American Veterans, AMVETS, American Veter-
     2  ans of World War II, Masonic War Veterans of  the  State  of  New  York,
     3  Inc., Veterans of World War I of the United States of America Department
     4  of   New  York,  Inc.,  China-Burma-India  Veterans  Association,  Inc.,
     5  Polish-American Veterans of  World  War  II,  Amsterdam,  N.  Y.,  Inc.,
     6  Polish-American Veterans of World War II, Schenectady, N.  Y., Inc., the
     7  Sons  of Union Veterans, Vietnam Veterans of America, World War Veterans
     8  Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association,
     9  in any such town, the commanders and quartermasters of such posts,  camp
    10  or  chapter  may direct the manner and extent of such observance and the
    11  supervisor shall pay the expenses thereof upon the order  or  orders  of
    12  the  commander  or  quartermaster  of  such post, camp or chapter, which
    13  orders shall be his vouchers for such payment, and in case there may  be
    14  two  or more posts, camps or chapters of the Grand Army of the Republic,
    15  the United Spanish War Veterans,  the  Veterans  of  Foreign  Wars,  the
    16  Jewish  War Veterans of the United States, Inc., the Catholic War Veter-
    17  ans, Inc., the Italian American  War  Veterans  of  the  United  States,
    18  Incorporated,  the  Polish Legion of American Veterans, Inc., the Marine
    19  Corps League, the Military Order of the Purple Heart, Inc., the American
    20  Legion, the Disabled American Veterans,  AMVETS,  American  Veterans  of
    21  World  War  II,  Masonic  War  Veterans  of the State of New York, Inc.,
    22  Veterans of World War I of the United States of  America  Department  of
    23  New York, Inc., China-Burma-India Veterans Association, Inc., Polish-Am-
    24  erican Veterans of World War II, Amsterdam, N. Y., Inc., Polish-American
    25  Veterans  of  World  War II, Schenectady, N. Y., Inc., the Sons of Union
    26  Veterans, Vietnam Veterans  of  America,  World  War  Veterans  Club  of
    27  Lindenhurst,  Inc. or the Eastern Paralyzed Veterans Association, in any
    28  such town, the commanders and quartermasters of  such  posts,  camps  or
    29  chapters  by concurrent action, shall direct the supervisor of such town
    30  what proportion of such moneys so raised shall be expended  by  each  of
    31  such  posts,  camps  or  chapters which proportion shall be paid by such
    32  supervisor upon the order or orders of the commander  and  quartermaster
    33  of  each  of  such  posts. In case there is a post, camp or chapter in a
    34  town adjoining a town in which no post,  camp  or  chapter  is  located,
    35  whose  membership  includes at least three residents of such town having
    36  no post, camp or chapter, the post, camp  or  chapter  shall  appoint  a
    37  committee of not less than three of its members who are residents of the
    38  said  adjoining  town in which the post, camp or chapter is not located,
    39  and the supervisor of said town shall pay the expenses of observance  of
    40  Independence  day,  Memorial or Decoration day and Veterans day upon the
    41  order or orders of said committee or a majority  thereof,  which  orders
    42  shall be his vouchers for such payment.
    43    §  7.  Section  226-a of the county law, as added by chapter 80 of the
    44  laws of 1969, is amended to read as follows:
    45    § 226-a. Patriotic observances. The county legislature and/or board of
    46  supervisors, as the case may be, of any county or  borough  outside  the
    47  city of New York, is hereby authorized to appropriate and set aside each
    48  year  such  sums it may deem proper for the purpose of providing for the
    49  due and proper observance of any  legal  holiday,  including  [Columbus]
    50  Indigenous People's day.
    51    § 8. Section 24 of the general construction law, as amended by chapter
    52  347 of the laws of 1984, is amended to read as follows:
    53    § 24. Public holidays; half-holidays. The term public holiday includes
    54  the following days in each year:  the first day of January, known as New
    55  Year's  day;  the  third  Monday  of January, known as Dr. Martin Luther
    56  King, Jr. day; the twelfth day of February, known as Lincoln's birthday;

        A. 8676                             5
 
     1  the third Monday in February, known as Washington's birthday;  the  last
     2  Monday  in  May, known as Memorial day; the second Sunday in June, known
     3  as Flag day; the fourth day of July,  known  as  Independence  day;  the
     4  first  Monday  in  September,  known  as Labor day; the second Monday in
     5  October, known as [Columbus] Indigenous People's day; the  eleventh  day
     6  of  November,  known  as Veterans' day; the fourth Thursday in November,
     7  known as Thanksgiving day; and the twenty-fifth day of  December,  known
     8  as Christmas day, and if any of such days except Flag day is Sunday, the
     9  next  day  thereafter; each general election day, and each day appointed
    10  by the president of the United States or by the governor of  this  state
    11  as  a  day of general thanksgiving, general fasting and prayer, or other
    12  general religious observances. The term half-holiday includes the period
    13  from noon to midnight of each Saturday which is not a public holiday.
    14    § 9. Subdivision 6 of section 426 of the  personal  property  law,  as
    15  added by chapter 659 of the laws of 1976, is amended to read as follows:
    16    6.  "Business  day"  shall mean any calendar day except Sunday, or the
    17  following business holidays:  New  Year's  Day,  Washington's  Birthday,
    18  Memorial   Day,  Independence  Day,  Labor  Day,  [Columbus]  Indigenous
    19  People's Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
    20    § 10. Subdivision 7 of section 441 of the personal  property  law,  as
    21  added by chapter 326 of the laws of 1995, is amended to read as follows:
    22    7.  "Business  day"  shall mean any calendar day except Sunday, or the
    23  following business holidays: New Year's Day,  Martin  Luther  King  Day,
    24  Washington's  Birthday,  Memorial  Day,  Independence  Day,  Labor  Day,
    25  [Columbus] Indigenous People's Day, Veterans Day, Thanksgiving Day,  and
    26  Christmas Day.
    27    § 11. This act shall take effect immediately.
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