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S346Senate2019-2020 SessionSame asA3139

No Permits for Anthem, Pledge

Official title

“Establishes the prohibition against requiring a permit for the singing of the national anthem or the reciting of the pledge of allegiance”

Sponsor Simcha FelderSD-17+2 co-sponsorsAffects Local Government
Status
In Senate Committee
Cities
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

What's happening

This bill prohibits cities in New York from requiring permits or penalizing anyone for singing the national anthem or reciting the pledge of allegiance.

Why it matters

  1. Protects spontaneous patriotic expression. The bill ensures that individuals, groups, or organizations can sing the national anthem or recite the pledge of allegiance anywhere in a city—public or private land—without prior approval, supporting freedom of expression in public spaces.

  2. Limits local government control. By removing the ability of cities to require permits or issue penalties for these specific acts, the bill restricts municipal regulatory authority, setting a precedent for state-level protection of certain speech from local regulation.

  3. Prevents punitive actions. Cities would be explicitly barred from levying fines or other penalties related to unpermitted singing of the anthem or recitation of the pledge, reducing the risk of legal or financial consequences for these patriotic acts.

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Who cares

Headline styles

No Permits for Anthem, Pledge

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Simcha Felder

Senator · Senate District 17

History

  1. Referred to cities
  2. Referred to cities

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.

A3139Assembly

No Permit for Anthem

In Assembly Committee · Cities · Sponsor William Colton

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

346

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities

AN ACT to amend the general city law, in relation to establishing the prohibition against requiring a permit for the singing of the national anthem or the reciting of the pledge of allegiance

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general city law is amended by adding a new section 20-h to read as follows:

§ 20-h. Prohibition against requiring a permit for the singing of the national anthem or the reciting of the pledge of allegiance. Any city that requires a permit for the performance of an activity that takes place on public or private land within such city, shall not apply any requirement to obtain such a permit for, and shall not levy or assess any sanction or any other penalty against any individual, group or organization for the non-permitted performance of, the singing of the national anthem of the United States of America or the reciting of the pledge of allegiance to the flag of the United States of America.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02615-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general city law, in relation to establishing the prohibition against requiring a permit for the singing of the national anthem or the reciting of the pledge of allegiance

Purpose

This bill seeks to prohibit the requiring of a permit for the singing of the national anthem or the reciting of the pledge of allegiance.

Summary of provisions

Section one of the bill would amend the general city law to add a new section 20-H to prohibit the requiring of a permit for the singing of the national anthem or the reciting of the pledge of allegiance.

More specifically, this bill would provide a that any city that requires a permit for the performance of an activity that takes place on public or private land within such city, shall not apply any requirement to obtain such a permit for, and shall not levy or assess any sanction or any other penalty against any individual, group or organization for the non permitted performance of, the singing of the national anthem of the United States of America or the reciting of the pledge of allegiance to the flag of the United States of America.

Justification

Recent new events have demonstrated where school groups which wished to pay reverence to the fallen victims of the September 11 memorial by singing the National Anthem were prevented from paying such honor by security due to a requirement that any performance on such site must first obtain and purchase a permit to do so.

The expression of singing the National Anthem or reciting the Pledge of Allegiance to honor our nation, and those who have given their lives in its service, should not require a permit, nor should those who sing such Anthem or recite such Pledge be subject to sanctions or fines for fail- ing to obtain such a permit. This bill would thereby permit such patri- otic and reverential displays, without the unjustifiable interference of the city in which they occur.

Legislative history

2017-18: S.3241 2016: S.7395

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.