S831-2011 Actions

• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 5, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S831-2011 Memo

BILL NUMBER:S831

TITLE OF BILL:
An act
to amend the public authorities law, in relation to prohibiting the
use of authority funds and
property to influence the outcome of an election

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the Public
Authorities Law by adding a new section. 289O-a. This bill will
prohibit any member of a public authority or commission, of officer
or employee thereof, from using or authorizing the use of authority
funds or property for the purpose of influencing the vote or political
action of any citizen or authority employes in relation to nomination
or election to public or party office, or the outcome of any
constitutional amendment, proposition or other question submitted to
the voters at any election. However, nothing in this bill will
prohibit an authority or commission or officer or employee thereof
from renting authority or commission space if such space is
customarily rented, or make space available at no cost if such space
is customarily made available at no cost, for political advertisements.

JUSTIFICATION:
During the early 1970s public authority property was
used to influence the passage of a transportation bond issue. The
Triborough Bridge and Tunnel Authority placed large signs at tunnel
entrances and exits urging the public to vote "YES" on this measure.

As a result, many irate citizens, including some who supported the
bond issue, felt that public and quasi-public property should not he
used to influence the outcome of an election. There is no attempt in
the hill to prevent any authority official or employee from
expressing a personal opinion on any political candidacy or
constitutional amendment, proposition or question.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first day of September following passage.

S831-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          831
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Corporations,  Authorities
 and Commissions
 AN  ACT  to amend the public authorities law, in relation to prohibiting
 the use of authority funds and property to influence the outcome of an
 election
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  public  authorities  law  is amended by adding a new
 section 2890-a to read as follows:

 

S 2890-A.  USE OF AUTHORITY FUNDS AND PROPERTY PROHIBITED FOR  CERTAIN
 PURPOSES.  NO MEMBER OF AN AUTHORITY OR COMMISSION, HERETOFORE AND HERE
 AFTER  CONTINUED  OR  CREATED  BY  THIS  CHAPTER, OR OFFICER OR EMPLOYEE
 THEREOF, SHALL USE OR AUTHORIZE THE USE OF AUTHORITY FUNDS  OR  PROPERTY
 FOR THE PURPOSE OF INFLUENCING THE VOTE OR POLITICAL ACTION OF ANY CITI
 ZEN  OR  AUTHORITY  EMPLOYEE  IN  RELATION  TO NOMINATION OR ELECTION TO
 PUBLIC OR PARTY OFFICE, OR THE OUTCOME OF ANY CONSTITUTIONAL  AMENDMENT,
 PROPOSITION  OR  OTHER QUESTION SUBMITTED TO THE VOTERS AT ANY ELECTION.
 NOTHING HEREIN SHALL, HOWEVER, RESTRICT THE RIGHT OF  THE  AUTHORITY  OR
 COMMISSION  TO  SELL ADVERTISING SPACE IF SUCH SPACE IS CUSTOMARILY SOLD
 FOR ADVERTISING PURPOSES TO THE GENERAL PUBLIC, NOR RESTRICT  THE  RIGHT
 OF  THE  AUTHORITY  TO  RENT PHYSICAL SPACE IF SUCH SPACE IS CUSTOMARILY
 RENTED OR TO MAKE SPACE AVAILABLE AT NO COST IF SUCH SPACE IS  CUSTOMAR
 ILY  MADE  AVAILABLE AT NO COST. NOTHING HEREIN SHALL GIVE THE AUTHORITY
 THE RIGHT TO PREVENT LAWFUL PUBLIC ASSEMBLY  ON  AUTHORITY  PROPERTY  IF
 SUCH  PROPERTY  OR  PORTION THEREOF IS CUSTOMARILY OPEN TO THE PUBLIC OR
 QUALIFIES AS PUBLIC FORUM SPACE.
 

S 2.   This act shall take effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02772-01-1

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