S3868-2011 - NY Senate Open Legislation - Enacts the "politician self-immortalization prevention act"

Enacts the "politician self-immortalization prevention act"; provides that no facility supported by state funds may be named after a living public official unless such person has been out of public service for at least ten years.

Sponsor: AVELLA / Committee: RULES
Law Section: Public Officers Law / Law: Add S73-c, Pub Off L

S3868-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
May 7, 2012: ADVANCED TO THIRD READING
May 2, 2012: 2ND REPORT CAL.
May 1, 2012: 1ST REPORT CAL.667
Jan 4, 2012: REFERRED TO FINANCE
Mar 8, 2011: REFERRED TO FINANCE

S3868-2011 Meetings

Finance: May 1, 2012

S3868-2011 Calendars

S3868-2011 Votes

VOTE: COMMITTEE VOTE: - Finance - May 1, 2012

Ayes (27): DeFrancisco, Johnson, Bonacic, Farley, Flanagan, Fuschillo, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Krueger, Breslin, Dilan, Gianaris, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (6): Alesi, Golden, Griffo, LaValle, Young, Duane
Nays (1): Diaz
Excused (1): Hannon

S3868-2011 Memo

BILL NUMBER:S3868

TITLE OF BILL:

An act
to amend the public officers law, in relation to enacting the
"politician self-immortalization prevention act"

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to eliminate the politicization of naming
facilities after sitting public officials, by prohibiting such
namings while a public official is still in office.

SUMMARY OF PROVISIONS:

Section 1 amends the public officers law by adding a new section,
73-c. This section prohibits the naming of facilities whose
construction, rehabilitation or operation is supported by state funds
after any public official who is living unless they have been out of
public office for at least ten years. This prohibition will not apply
when the legislature approves the naming of the facility in
accordance with section fourteen of article three of the state
constitution, and when the governor approves the naming in a manner
provided for in section seven of article four of the state
constitution. The attorney general may initiate a civil action
against any entity that violates the provisions of this new section.

Section 2 provides for this act to take effect immediately.

JUSTIFICATION:

The naming of a facility which is supported by state funds after an
elected official while that elected official is still in office
should be prohibited. This legislation would prevent the perception
of any quid pro quo agreements between elected officials and entities
that receive state funds. It would also serve to remove another
existing advantage that incumbent elected officials are able to enjoy
in New York State.
Further, this prohibition opens municipalities up to revenue
generating possibilities by allowing for the process of open bidding
for naming rights.

PRIOR LEGISLATIVE HISTORY:

Same As A.203 (Lancman)/2010: A.9909 (Lancman)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S3868-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3868
 2011-2012 Regular Sessions
 I N  SENATE
 March 8, 2011
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT to amend the public officers law, in  relation  to  enacting  the
 "politician self-immortalization prevention act"
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Short title. This act shall be known and may  be  cited  as
 the "politician self-immortalization prevention act".
 

S  2.  The public officers law is amended by adding a new section 73-c
 to read as follows:

 

S 73-C. NAMING OF FACILITIES AFTER PUBLIC OFFICIALS; PROHIBITED.    1.
 NO  FACILITY,  THE CONSTRUCTION, REHABILITATION OR OPERATION OF WHICH IS
 SUPPORTED BY STATE FUNDS, MAY BE NAMED AFTER  A  LIVING  PERSON  WHO  IS
 SUBJECT  TO  THE  PROVISIONS OF THIS ARTICLE UNLESS SUCH PERSON HAS BEEN
 OUT OF PUBLIC OFFICE FOR AT LEAST TEN YEARS.
 2. THE PROHIBITION SET FORTH IN THIS SECTION SHALL NOT APPLY WHERE THE
 LEGISLATURE APPROVES THE NAMING OF SUCH FACILITY IN THE MANNER  PROVIDED
 FOR  IN SECTION FOURTEEN OF ARTICLE THREE OF THE STATE CONSTITUTION, AND
 THE GOVERNOR APPROVES THE NAMING OF SUCH FACILITY IN THE MANNER PROVIDED
 FOR IN SECTION SEVEN OF ARTICLE FOUR OF THE STATE CONSTITUTION.
 3. WHERE ANY PERSON, MUNICIPAL CORPORATION OR  OTHER  ENTITY  VIOLATES
 THE  PROVISIONS  OF  THIS  SECTION,  THE ATTORNEY GENERAL MAY INITIATE A
 CIVIL ACTION TO ENFORCE THE PROHIBITION SET FORTH IN THIS SECTION.
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01419-01-1

S3868-2011: Enacts the "politician self-immortalization prevention act"