What's happening
This bill requires local governing boards to review and approve any policies or rules for permits involving public parades or temporary public space use.
Why it matters
Shifts more control to local elected officials. over rules that affect public gatherings, ensuring that decisions about parades and temporary use of public spaces are made by representatives directly accountable to the community rather than by unelected agency staff.
May increase transparency and public input. in how permit policies are developed and approved, as local governing boards often hold open meetings and are subject to public comment, unlike some departmental processes.
Could slow down the implementation of new rules. for public space use, since departments or agencies will need to seek formal approval from the local governing board before any new permitting policy takes effect.
Might impact advocacy groups, event organizers, and the public. by potentially making it easier to challenge or influence permit rules, but could also introduce more political considerations into what are sometimes routine administrative decisions.
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Who cares
Headline styles
Local Boards Approve Public Space Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
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.
Let Locals Approve Public Space Rules
In Assembly Committee · Local Governments · Sponsor N. Nick Perry
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5025
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to local governing board approval of policies and procedures affecting public use of public space
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 124-a to read as follows:
§ 124-a. Issuance of any permit for parades or the temporary use of public space by the public. Notwithstanding any general, special, or local law to the contrary, any adopted or implemented policies, procedures, rules or regulations of a department or agency that requires the issuance of any permit for parades or for the temporary use of public space by the public shall be reviewed and approved by the governing body of the county, city, town or village having jurisdiction over the property that would be subject to the permit. Any policies, procedures, rules or regulations proposed by a department or agency that would require the issuance of any permit for parades or for the temporary use of public space by the public shall not be considered effective until approved by the governing body of the county, city, town or village having jurisdiction over the property that would be subject to the permit.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06674-01-9
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 municipal law, in relation to local governing board approval of policies and procedures affecting public use of public space
Purpose or general idea of bill
This bill allows for the review and final approval of rules and regu- lations regarding parades or the public use of public space by the governing board of such city, town or village.
Summary of specific provisions
This bill adds section 124-a of the general municipal law, by requiring final approval by the local governing board of a city, town, or village for all policies and procedures regarding the issuance of parade permits or other permits for the temporary use of public space by the public, and no other unelected body.
Justification
The New York City Police Department (NYPD) recently revised the New York City Parades Rules to require that any gathering of 50 or more bikes or pedestrians will be required to obtain a permit from NYPD or they would be subject to arrest. The revision was instituted without any public input following public outcry against the NYPD's original proposal requiring any gathering of 10 or more to obtain a permit. This is trou- bling for two very relevant and strong constitutional reasons.
The right of free expression, including the right to gather in public places, is one that is deeply engrained and firmly enshrined in the history and constitution of the country and state. The right was most cogently defined in the 1939 Supreme Court decision Hague v. C.1.0., 307 U.S. 496, 515-16 in which the Court stated "Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.
Secondly, both the U.S. and New York State constitution drew a clear line of demarcation between those who make the laws and those who enforce them. It is the stated duty of the elected legislative body to make the rules and the stated duty of elected and appointed members of the judiciary, and by extension law enforcement officials, to interpret and enforce those laws. It seems highly inappropriate, therefore, for the same body (in this case, the NYPD) to be endowed with both the power to enforce the rules and the power to make them.
Prior legislative history
2017-18: S.2200 - REFERRED TO LOCAL GOVERNMENT: 2015-16:S.2521/A.6432 -Referred to Local Government 2013-14:S.3194/A.4819 -Referred to Local Government 2011-12:S.1181/A.4379 -Referred to Local Government 2009-10:S.8349/A.3567A- Referred to Rules 2007-08:A.8087
Fiscal implications
None to state.
Effective date
This act shall take effect on one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.