senate Bill S668

2011-2012 Legislative Session

Requires the board of elections to provide a registered voter with a sample ballot via mail

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to elections
Jan 05, 2011 referred to elections

S668 - Bill Details

Current Committee:
Senate Rules
Law Section:
Election Law
Laws Affected:
Amd §§4-117 & 7-118, El L
Versions Introduced in 2009-2010 Legislative Session:
S4083

S668 - Bill Texts

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Requires the board of elections to provide a registered voter with a sample ballot not less than ten days nor more than twenty days before an election via mail.

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BILL NUMBER:S668

TITLE OF BILL:

An act
to amend chapter 154 of the laws of 1921 relating to the port
of New York
authority, in relation to the imposition of tolls for certain bridges
and tunnels

PURPOSE OR GENERAL IDEA OF BILL:

This legislation amends the Public Authorities Law by prohibiting
an increase in the toll charge and fares on all bridges, tunnels and
transit authorities operated by the Authority unless the increases are
utilized for transportation related programs and improvements.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends chapter 154 of the laws of 1921
relating to the port of New York authority, by adding a new section
1-a which states that no toll may be increased over an authority bridge
or tunnel after December 1, 2014, unless the increase is utilized
solely for the improvement, reconstruction or maintenance of the
authority's transportation relation facilities.

Section 2 provides that the act will take effect upon the enactment
into law by the state of New Jersey of legislation having an identical
effect with this act, but if the state of New Jersey has already
enacted such legislation, this at shall take effect immediately.

JUSTIFICATION:

On August 19, 2011, the Port Authority Board of Commissioners, with
the approval of the Governors of New York and New Jersey adopted
a toll increase of $1.50 in September 2011 and
75 cents per year, every year thereafter, from 2012-2015 for E-ZPass
holders. An additional $2 penalty on top of increased tolls was
implemented for cash toll payers.

These toll increases will bring the rush-hour cash tolls to $15 by
2015. While the Authority failed to publicly disclose a detailed
Capital Expenditure Plan, it has issued press releases stating that
substantial toll increases are needed because of its escalating real
estate development expenses at the World Trade Center.

These unprecedented toll hikes, and diversion of toll revenue to
non-transportation projects come at a time when our region's roads
and bridges are deteriorating. In fact, every bridge owned and
operated by the Port Authority of New York and New Jersey is rated as
"functionally obsolete" by the Federal Highway Administration.

Accordingly, this legislation intends to ensure that tolls on the
busiest interstate facilities in the Northeast corridor are not
diverted to unrelated and speculative real estate projects. Indeed,
the federal Bridge Act requires bridge tolls to be "just and
reasonable" (33 U.S.C. §508) and the federal
courts have consistently interpreted that to require that increases to
interstate tolls be used only for facilities that have functional
relationships to those bridges. See Automobile Club of New
York, Inc. v Port Authority of New York and New Jersey,
887 F.2d 417 (2d Cir. 1989).

Consequently, this legislation, by codifying the 1989 decision of the
Federal Court of Appeals, will ensure that the Authority maintains
its core mission of reconstructing and improving critical
infrastructure rather than forcing travelers using interstate bridges
and tunnels to pay exorbitant and unreasonable toll rates to
subsidize costly and speculative office redevelopment projects.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.6011

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act will take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect with this act,
but if the state of New Jersey has already enacted such legislation,
this act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   668

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to requiring the board  of
  elections  to provide a registered voter with a sample ballot prior to
  an election

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

  Section  1.  Section  4-117 of the election law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. THE BOARD OF ELECTIONS, NOT LESS THAN  TEN  DAYS  NOR  MORE  THAN
TWENTY  DAYS  BEFORE THE DAY OF THE GENERAL ELECTION IN EACH YEAR, SHALL
SEND BY FIRST CLASS  MAIL  ON  WHICH  IS  ENDORSED  "ADDRESS  CORRECTION
REQUESTED"  AND WHICH CONTAINS A REQUEST THAT ANY SUCH MAIL RECEIVED FOR
PERSONS NOT RESIDING AT THE ADDRESS BE  DROPPED  BACK  IN  THE  MAIL,  A
SAMPLE BALLOT, AS REQUIRED PURSUANT TO SECTION 7-118 OF THIS CHAPTER, IN
A  FORM  APPROVED  BY  THE STATE BOARD OF ELECTIONS, TO EVERY REGISTERED
VOTER WHO HAS BEEN REGISTERED WITHOUT A  CHANGE  OF  ADDRESS  SINCE  THE
BEGINNING  OF SUCH YEAR. THE BOARD OF ELECTIONS SHALL NOT BE REQUIRED TO
SEND SUCH SAMPLE BALLOT TO VOTERS IN INACTIVE STATUS.  IN LIEU OF  SEND-
ING  SUCH  COMMUNICATION  WITH  SUCH  SAMPLE  BALLOT TO EVERY REGISTERED
VOTER, THE BOARD OF ELECTIONS MAY  SEND  A  SINGLE  COMMUNICATION  TO  A
HOUSEHOLD  CONTAINING  MORE THAN ONE REGISTERED VOTER, PROVIDED THAT THE
NAMES OF ALL SUCH VOTERS APPEAR AS PART OF THE ADDRESS ON SUCH  COMMUNI-
CATION.
  S  2.  Section 7-118 of the election law, as amended by chapter 157 of
the laws of 1996, is amended to read as follows:
  S 7-118. Ballots; facsimile and sample. The board of  elections  shall
provide facsimile and sample ballots which shall be arranged in the form
of  a  diagram  showing  such  part of the face of the voting machine as
shall be in use at that election.  Such  facsimile  and  sample  ballots

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03914-01-1

S. 668                              2

shall  be  either  in  full  or  reduced size and shall contain suitable
illustrated directions for voting on the voting machine.  Such facsimile
ballots shall be mounted and displayed for  public  inspection  at  each
polling  place during election day. Sample ballots [may] SHALL be mailed
by the board of elections to each eligible voter [at least  three  days]
NOT  LESS  THAN TEN DAYS NOR MORE THAN TWENTY DAYS before the election[,
or in lieu thereof, a copy of such sample ballot  may  be  published  at
least  once within one week preceding the election in newspapers repres-
enting the major political parties]. One copy of such facsimile shall be
sent to each school in the  county,  providing  the  ninth  through  the
twelfth  years  of  compulsory education, and in the city of New York to
each such school in the city of New York, at least one week before  each
general  election  for posting at a convenient place in such school. The
board of elections shall also send  a  facsimile  ballot  to  any  other
school requesting such a ballot.
  S 3. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.

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