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S3036Senate2013-2014 Session

Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York

Sponsor John A. DeFranciscoSD-50+1 co-sponsorAffects Local Government
Status
In Assembly Committee
Governmental Operations
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Governmental Operations

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

Chair, Finance

History

  1. Referred to governmental operations
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.141
  7. Referred to veterans, homeland security and military affairs
  8. Returned to senate
  9. Died in assembly
  10. Referred to governmental operations
  11. Delivered to assembly
  12. Passed senateVote 63–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.201
  4. Referred to veterans, homeland security and military affairs

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3036

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

2011-2012 - S.5337/A.8037 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.