S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5552
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MITAYNES,  GONZALEZ-ROJAS  --  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:
 
   Section  1.  The legislature hereby declares that beginning the second
 Monday in October 2023, the holiday formerly known as Columbus day  will
 be designated as Indigenous People's day.
   §  2. Subdivision 2 of section 403 of the executive law, as amended by
 chapter 666 of the laws of 2004, is amended to read as follows:
   2. The flag shall be displayed daily, weather permitting, on  or  near
 the  main  administration building of every public institution, whenever
 such institution  is  open  to  the  public.  The  flag  shall  also  be
 displayed,  weather  permitting, on the following days in each year: the
 first day of January, known as New Year's day; the third Monday of Janu-
 ary, known as Dr. Martin Luther King, Jr. day; the twelfth day of Febru-
 ary, known as Lincoln's birthday; the third Monday in February, known as
 Washington's birthday; the last Monday in May, known  as  Memorial  day;
 the  second  Sunday  of June, known as Flag day; the fourth day of July,
 known as Independence day; the first Monday in September, known as Labor
 day; the third Friday in September, known as National  POW/MIA  Recogni-
 tion day, except if such date of commemoration cannot be observed due to
 a  religious  holiday,  such  observances shall then be conducted on the
 second Friday in September; September eleventh, known as September  11th
 Remembrance  Day;  the  second  Monday  in  October, known as [Columbus]
 INDIGENOUS PEOPLE'S day; the eleventh day of November, known as Veterans
 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.
                                                            LBD04587-01-3
              

 A. 5552                             2
 
 seventh day of December, known as Pearl Harbor day; and the twenty-fifth
 day  of December, known as Christmas day, and if any of such days except
 Flag day is Sunday, the next day thereafter; each general election  day,
 and  each  day appointed by the President of the United States or by the
 Governor of this state as a day of general thanksgiving or for  display-
 ing the flag.
   §  3.  Subparagraph  (i)  of paragraph (e) of subdivision 4 of section
 14-f of the transportation law, as amended by chapter 173 of the laws of
 1990, is amended to read as follows:
   (i) Any complaint issued for an  equipment  violation,  except  for  a
 violation  involving  an out-of-service defect or except for a violation
 involving the operation of any motor vehicle after it  has  been  placed
 out  of  service, shall be dismissed by the court before such summons is
 returnable if the violation as set forth in the summons is corrected not
 later than one-half hour after sunset on the  first  full  business  day
 after  the  issuance  of the summons and proof of such correction as set
 forth in subparagraph (ii) of this paragraph is submitted to the  court.
 For  the  purposes  of  this subparagraph, "business day" shall mean any
 calendar day except Sunday, or  the  following  business  holidays:  New
 Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
 Day, [Columbus] INDIGENOUS PEOPLE'S Day, Veterans' Day, Thanksgiving Day
 and Christmas Day.
   §  4. Item (a) of subparagraph (iv) of paragraph c of subdivision 2 of
 section 140 of the transportation law, as separately amended by chapters
 369 and 654 of the laws of 1994, such paragraph as relettered by section
 6 of part G of chapter 58 of the laws of 2012, is  amended  to  read  as
 follows:
   (a)  Any  complaint  issued  for  an equipment violation, except for a
 violation involving an out-of-service defect relating  to  load  secure-
 ment,  brake  systems,  steering  components  and/or coupling devices or
 except for a violation involving the  operation  of  any  motor  vehicle
 after it has been placed out-of-service, shall be dismissed by the court
 before  such  summons is returnable if the violation as set forth in the
 summons is corrected not later than one-half hour after  sunset  on  the
 first  full  business  day, or if such complaint involves a farm vehicle
 registered pursuant to subdivision thirteen of section four hundred  one
 of  the  vehicle  and  traffic  law and operated in conformance with the
 terms of such registration, not later than one-half hour after sunset on
 the third full business day after the issuance of the summons and  proof
 of  such  correction  as  set  forth in item (b) of this subparagraph is
 submitted to the court. For the purposes of this subparagraph, "business
 day" shall mean any calendar day except Sunday, or the  following  busi-
 ness  holidays:  New  Year's  Day,  Washington's Birthday, Memorial Day,
 Independence Day, Labor Day, [Columbus] INDIGENOUS PEOPLE'S Day,  Veter-
 ans' Day, Thanksgiving Day and Christmas Day.
   § 5. Subdivision 4 of section 376-a of the vehicle and traffic law, as
 amended  by  chapter  302  of  the  laws  of 2013, is amended to read as
 follows:
   4. Any complaint issued for any violation  of  section  three  hundred
 seventy-five,  three  hundred seventy-six or three hundred eighty-one of
 this  article  relative  to  required  equipment,  except  a   violation
 described in subdivision two of this section, subdivision forty-seven of
 section  three  hundred  seventy-five  of this article, and except for a
 violation relating to service brakes, shall be dismissed  by  the  court
 before  which the summons is returnable if the violation as set forth in
 the summons is corrected not later than one-half hour  after  sunset  on
 A. 5552                             3

 the  first full business day after the issuance of the summons and proof
 of such correction as set forth in subdivision five of this  section  is
 submitted  to the court. For the purposes of this subdivision, "business
 day"  shall  mean  any  calendar  day except Saturday and Sunday, or the
 following business holidays:  New  Year's  Day,  Washington's  Birthday,
 Memorial   Day,  Independence  Day,  Labor  Day,  [Columbus]  INDIGENOUS
 PEOPLE'S Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
   § 6. Subdivision 12 of section 64 of the town law, as amended by chap-
 ter 658 of the laws of 2004, is amended to read as follows:
   12. Appropriations for  Independence  day,  Memorial  day,  [Columbus]
 INDIGENOUS PEOPLE'S day and Veterans day. Any town may appropriate annu-
 ally  such  sums as it may deem appropriate for the purpose of defraying
 the expenses of the proper observance of Independence day,  Memorial  or
 Decoration  day,  [Columbus] INDIGENOUS PEOPLE'S day and Veterans day in
 such proportion as it may determine. Any town of the  first  class,  or,
 any  town  having  a  population  of  five thousand inhabitants or more,
 excepting any such town having a population of two  hundred  twenty-five
 thousand inhabitants or more, according to the latest federal census, in
 which  one  or  more  posts,  camps or chapters of the Grand Army of the
 Republic, the United Spanish War Veterans, the Veterans of Foreign Wars,
 the Jewish War Veterans of the United States,  Inc.,  the  Catholic  War
 Veterans,  Inc., the Italian American War Veterans of the United States,
 Incorporated, the Polish Legion of American Veterans, Inc.,  the  Marine
 Corps League, the Military Order of the Purple Heart, Inc., the American
 Legion,  the  Disabled  American  Veterans, AMVETS, American Veterans of
 World War II, Masonic War Veterans of  the  State  of  New  York,  Inc.,
 Veterans  of  World  War I of the United States of America Department of
 New York, Inc., China-Burma-India Veterans Association, Inc., Polish-Am-
 erican Veterans of World War II, Amsterdam, N. Y., Inc., Polish-American
 Veterans of World War II, Schenectady, N.  Y., Inc., the Sons  of  Union
 Veterans,  Vietnam  Veterans  of  America,  World  War  Veterans Club of
 Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association  exists,
 may  appropriate  annually an amount not to exceed five thousand dollars
 for such purpose, and any town having a population of two hundred  twen-
 ty-five  thousand  inhabitants  or more, according to the latest federal
 census, in which one or more such posts, camps or  chapters  exists  may
 annually  appropriate  an amount not to exceed five thousand dollars for
 such purpose, and any town which has a population of five hundred  thou-
 sand  inhabitants  or  more,  according to the latest federal census, in
 which one or more such posts, camps  or  chapters  exists  may  annually
 appropriate  an  amount  not  to  exceed  ten  thousand dollars for such
 purpose. Any moneys appropriated pursuant  to  the  provisions  of  this
 subdivision  shall  be  a  general  town charge, except that in any town
 having a population of two hundred twenty-five thousand  inhabitants  or
 more  there shall be a charge on that portion of the town outside of any
 village therein and shall be assessed, levied and  collected  from  real
 property  outside  of any such village. Such sum when collected shall be
 paid to the supervisor of such town and be  disbursed  by  him  in  such
 manner  as the town board of such town may direct upon vouchers properly
 receipted and audited by the town board of such town; except that in any
 town in which there may be a post, camp or chapter of the Grand Army  of
 the  Republic,  the United Spanish War Veterans, the Veterans of Foreign
 Wars, the Jewish War Veterans of the United States, Inc.,  the  Catholic
 War  Veterans,  Inc.,  the  Italian  American War Veterans of the United
 States, Incorporated, the Polish Legion of American Veterans, Inc.,  the
 Marine  Corps  League, the Military Order of the Purple Heart, Inc., the
 A. 5552                             4
 
 American Legion, the Disabled American Veterans, AMVETS, American Veter-
 ans of World War II, Masonic War Veterans of  the  State  of  New  York,
 Inc., Veterans of World War I of the United States of America Department
 of   New  York,  Inc.,  China-Burma-India  Veterans  Association,  Inc.,
 Polish-American Veterans of  World  War  II,  Amsterdam,  N.  Y.,  Inc.,
 Polish-American Veterans of World War II, Schenectady, N.  Y., Inc., the
 Sons  of Union Veterans, Vietnam Veterans of America, World War Veterans
 Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association,
 in any such town, the commanders and quartermasters of such posts,  camp
 or  chapter  may direct the manner and extent of such observance and the
 supervisor shall pay the expenses thereof upon the order  or  orders  of
 the  commander  or  quartermaster  of  such post, camp or chapter, which
 orders shall be his vouchers for such payment, and in case there may  be
 two  or more posts, camps or chapters of the Grand Army of the Republic,
 the United Spanish War Veterans,  the  Veterans  of  Foreign  Wars,  the
 Jewish  War Veterans of the United States, Inc., the Catholic War Veter-
 ans, Inc., the Italian American  War  Veterans  of  the  United  States,
 Incorporated,  the  Polish Legion of American Veterans, Inc., the Marine
 Corps League, the Military Order of the Purple Heart, Inc., the American
 Legion, the Disabled American Veterans,  AMVETS,  American  Veterans  of
 World  War  II,  Masonic  War  Veterans  of the State of New York, Inc.,
 Veterans of World War I of the United States of  America  Department  of
 New York, Inc., China-Burma-India Veterans Association, Inc., Polish-Am-
 erican Veterans of World War II, Amsterdam, N. Y., Inc., Polish-American
 Veterans  of  World  War II, Schenectady, N. Y., Inc., the Sons of Union
 Veterans, Vietnam Veterans  of  America,  World  War  Veterans  Club  of
 Lindenhurst,  Inc. or the Eastern Paralyzed Veterans Association, in any
 such town, the commanders and quartermasters of  such  posts,  camps  or
 chapters  by concurrent action, shall direct the supervisor of such town
 what proportion of such moneys so raised shall be expended  by  each  of
 such  posts,  camps  or  chapters which proportion shall be paid by such
 supervisor upon the order or orders of the commander  and  quartermaster
 of  each  of  such  posts. In case there is a post, camp or chapter in a
 town adjoining a town in which no post,  camp  or  chapter  is  located,
 whose  membership  includes at least three residents of such town having
 no post, camp or chapter, the post, camp  or  chapter  shall  appoint  a
 committee of not less than three of its members who are residents of the
 said  adjoining  town in which the post, camp or chapter is not located,
 and the supervisor of said town shall pay the expenses of observance  of
 Independence  day,  Memorial or Decoration day and Veterans day upon the
 order or orders of said committee or a majority  thereof,  which  orders
 shall be his vouchers for such payment.
   §  7.  Section  226-a of the county law, as added by chapter 80 of the
 laws of 1969, is amended to read as follows:
   § 226-a. Patriotic observances. The county legislature and/or board of
 supervisors, as the case may be, of any county or  borough  outside  the
 city of New York, is hereby authorized to appropriate and set aside each
 year  such  sums it may deem proper for the purpose of providing for the
 due and proper observance of any  legal  holiday,  including  [Columbus]
 INDIGENOUS PEOPLE'S day.
   § 8. Section 24 of the general construction law, as amended by chapter
 249 of the laws of 2020, is amended to read as follows:
   § 24. Public holidays; half-holidays. The term public holiday includes
 the  following days in each year: the first day of January, known as New
 Year's day; the third Monday of January,  known  as  Dr.  Martin  Luther
 King, Jr. day; the twelfth day of February, known as Lincoln's birthday;
 A. 5552                             5
 
 the  third  Monday in February, known as Washington's birthday; the last
 Monday in May, known as Memorial day; the second Sunday in  June,  known
 as Flag day; the nineteenth day of June, known as Juneteenth; the fourth
 day  of  July, known as Independence day; the first Monday in September,
 known as Labor day; the second Monday in October,  known  as  [Columbus]
 INDIGENOUS  PEOPLE'S  day; the eleventh day of November, known as Veter-
 ans' day; the fourth Thursday in November, known  as  Thanksgiving  day;
 and the twenty-fifth day of December, known as Christmas day, and if any
 of  such  days  except Flag day is Sunday, the next day thereafter; each
 general election day, and each day appointed by  the  president  of  the
 United  States  or  by  the  governor  of this state as a day of general
 thanksgiving, general fasting and prayer,  or  other  general  religious
 observances.  The  term  half-holiday  includes  the period from noon to
 midnight of each Saturday which is not a public holiday.
   § 9. Subdivision 6 of section 426 of the  personal  property  law,  as
 added by chapter 659 of the laws of 1976, is amended to read as follows:
   6.  "Business  day"  shall mean any calendar day except Sunday, or the
 following business holidays:  New  Year's  Day,  Washington's  Birthday,
 Memorial   Day,  Independence  Day,  Labor  Day,  [Columbus]  INDIGENOUS
 PEOPLE'S Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
   § 10. Subdivision 7 of section 441 of the personal  property  law,  as
 added by chapter 326 of the laws of 1995, is amended to read as follows:
   7.  "Business  day"  shall mean any calendar day except Sunday, or the
 following business holidays: New Year's Day,  Martin  Luther  King  Day,
 Washington's  Birthday,  Memorial  Day,  Independence  Day,  Labor  Day,
 [Columbus] INDIGENOUS PEOPLE'S Day, Veterans Day, Thanksgiving Day,  and
 Christmas Day.
   § 11. This act shall take effect immediately.