Bill S688-2013

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S688

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:

2011-12: S.3868/A.203 (Lancman) 2009-10: S.1558 (C.Johnson)/A.9909 (Lancman)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 688 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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.

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