senate Bill S831

2011-2012 Legislative Session

Prohibits the use of funds and property of any public authority or commission to influence the outcome of an election, constitutional amendment or proposition

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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
Jan 04, 2012 referred to corporations, authorities and commissions
Jan 05, 2011 referred to corporations, authorities and commissions

S831 - Bill Details

See Assembly Version of this Bill:
A2963
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add ยง2890-a, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S1552, S7998, A1297

S831 - Bill Texts

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Prohibits the use of funds and property by any member, officer or employee of any public authority or commission to influence votes or the outcome of an election; does not prohibit the renting of authority or commission space for political advertisements where such space is customarily open to the public or qualifies as public forum space, or to make space available at cost or no cost if it is customarily rented or made available at no cost.

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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.

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

                                   831

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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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