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Sponsors
1 Co-sponsor
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 59–1
- Ordered to third reading cal.1206
- Committee discharged and committed to rules
- Referred to veterans, homeland security and military affairs
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 57–1
- Advanced to third reading
Show 3 earlier actions
- 2nd report cal.
- 1st report cal.762
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York
In Assembly Committee · Governmental Operations · Sponsor Philip Ramos
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5337
Title of bill
An act to amend the military law, the civil rights law and the penal law, in relation to unauthorized use of names and images of members of the armed forces or organized militia of New York
Purpose
To ensure that the name, image, or likeness of any member of the military is not used for commercial purposes, without the permission of that member of the armed forces or his or her family if the individual is deceased.
Summary of provisions
This bill would amend the military law, the civil rights law, and the penal law, to establish a crime for the use, for commercial purposes, of the name, image, or likeness of any current or former member of the armed forces or state militia.
Living individuals protected by this act may give permission for their name, image, or likeness to be used.
Similarly, the family of deceased individuals protected by this act may also give permission.
A violation of this crime would be punishable as a class E felony.
Justification
Presently, the US House of Representatives and United States Senate are considering legislation prohibiting the use, for commercial purposes, of the name, image, or likeness of a current, former, or deceased member of the armed forces.
Louisiana and Oklahoma have also enacted similar legislation.
This legislation had been made necessary because of numerous incidents where the names of soldiers killed in the Iraq/Afghanistan War have been used, without permission, for commercial purposes (such as on t-shirts and other memorabilia which carry a political message).
As most would expect, military personnel and their families have been outraged and demanded that immediate action be taken by the government they fought to protect.
This bill would prohibit those engaged in a commercial enterprise from using the image, name, or likeness of a current, former, or deceased member of the military without the permission of that person or his family if the person is deceased. In so doing, it will prevent the exploitation of these brave men and women who have given so much for our country.
Legislative history
2007: S.39-C (similar) Reported to Senate 3rd reading calendar.
Fiscal implications
None noted.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.