Assembly Bill A9615

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9615
 
                           I N  A S S E M B L Y
 
                             January 26, 2018
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   public  officials  from using, or soliciting or permitting the use of,
   the name, voice, picture or other likeness of a candidate or a  member
   of  a candidate's family in publicly funded disseminations of material
   or information

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The public officers law is amended by adding a new section
 73-c to read as follows:
   § 73-C. USE OF CANDIDATES' NAME, VOICE, PICTURE OR LIKENESS IN CERTAIN
 PUBLICLY-FUNDED ADVERTISEMENTS AND ANNOUNCEMENTS PROHIBITED. 1.  AS USED
 IN THIS SECTION THE TERM:
   (A) "PUBLIC OFFICIAL" SHALL MEAN:
   (I) THE GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY  GENER-
 AL;
   (II) MEMBERS OF THE STATE LEGISLATURE;
   (III) STATE OFFICERS AND EMPLOYEES INCLUDING:
   (A)  HEADS  OF  STATE AGENCIES AND THEIR DEPUTIES AND ASSISTANTS OTHER
 THAN MEMBERS OF THE BOARD OF REGENTS OF THE UNIVERSITY OF THE  STATE  OF
 NEW  YORK  WHO  RECEIVE NO COMPENSATION OR ARE COMPENSATED ON A PER DIEM
 BASIS,
   (B) OFFICERS AND EMPLOYEES OF STATEWIDE ELECTED OFFICIALS,
   (C) OFFICERS AND EMPLOYEES OF STATE AGENCIES OTHER  THAN  OFFICERS  OF
 BOARDS,  COMMISSIONS  OR  COUNCILS  WHO  RECEIVE  NO COMPENSATION OR ARE
 COMPENSATED ON A PER DIEM BASIS,
   (D) MEMBERS OR DIRECTORS OF PUBLIC AUTHORITIES, OTHER THAN MULTI-STATE
 AUTHORITIES, PUBLIC BENEFIT CORPORATIONS AND COMMISSIONS AT LEAST ONE OF
 WHOSE MEMBERS IS APPOINTED BY THE  GOVERNOR,  WHO  RECEIVE  COMPENSATION
 OTHER  THAN  ON  A  PER  DIEM  BASIS, AND EMPLOYEES OF SUCH AUTHORITIES,
 CORPORATIONS AND COMMISSIONS;
   (IV) OFFICERS AND EMPLOYEES OF THE LEGISLATURE; AND
   (V) MUNICIPAL OFFICERS AND EMPLOYEES INCLUDING AN OFFICER OR  EMPLOYEE
 OF  A MUNICIPAL ENTITY, WHETHER PAID OR UNPAID, INCLUDING MEMBERS OF ANY
 ADMINISTRATIVE BOARD, COMMISSION OR OTHER AGENCY THEREOF AND IN THE CASE
              

 OF A COUNTY, SHALL BE DEEMED TO ALSO INCLUDE  ANY  OFFICER  OR  EMPLOYEE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14298-01-8

 A. 9615                             2
 
 PAID  FROM  COUNTY  FUNDS.  NO  PERSON SHALL BE DEEMED TO BE A MUNICIPAL
 OFFICER OR EMPLOYEE SOLELY BY REASON OF BEING  A  VOLUNTEER  FIREMAN  OR
 CIVIL DEFENSE VOLUNTEER, EXCEPT A FIRE CHIEF OR ASSISTANT FIRE CHIEF.
   (B)  "STATE  AGENCY" SHALL MEAN ANY DEPARTMENT, BOARD, BUREAU, COMMIS-
 SION, DIVISION, OFFICE, COUNCIL, COMMITTEE  OR  OFFICER  OF  THE  STATE,
 WHETHER  PERMANENT  OR  TEMPORARY,  OR  A  PUBLIC BENEFIT CORPORATION OR
 PUBLIC AUTHORITY AT LEAST ONE OF  WHOSE  MEMBERS  IS  APPOINTED  BY  THE
 GOVERNOR,  AUTHORIZED BY LAW TO MAKE RULES OR TO MAKE FINAL DECISIONS IN
 ADJUDICATORY PROCEEDINGS BUT SHALL NOT INCLUDE THE  JUDICIAL  BRANCH  OR
 AGENCIES CREATED BY INTERSTATE COMPACT OR INTERNATIONAL AGREEMENT.
   (C)  "MUNICIPALITY"  SHALL  MEAN ANY JURISDICTIONAL SUBDIVISION OF THE
 STATE, INCLUDING BUT NOT LIMITED TO COUNTIES, CITIES,  TOWNS,  VILLAGES,
 IMPROVEMENT  DISTRICTS  AND SPECIAL DISTRICTS, WITH A POPULATION OF MORE
 THAN FIFTY THOUSAND; AND PUBLIC AUTHORITIES,  AND  PUBLIC  CORPORATIONS,
 BUT SHALL NOT INCLUDE SCHOOL DISTRICTS.
   (D)  "PUBLIC  FUNDS" SHALL MEAN ALL MONEYS IN THE POSSESSION, CUSTODY,
 CONTROL OR UNDER THE AUTHORITY OF: THE COMPTROLLER; THE COMMISSIONER  OF
 TAX  AND  FINANCE; ANY OTHER STATE AGENCY; A MUNICIPALITY; OR ANY PUBLIC
 OFFICIAL.
   (E) "CANDIDATE" SHALL MEAN AN  INDIVIDUAL  WHO  SEEKS  NOMINATION  FOR
 ELECTION,  OR ELECTION, TO ANY PUBLIC OFFICE TO BE VOTED FOR AT A PRIMA-
 RY, GENERAL, LOCAL OR SPECIAL ELECTION.
   (F) "DISSEMINATE" SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  ADVERTISE,
 ANNOUNCE,  BROADCAST  (VIA  TELEVISION,  RADIO,  THE INTERNET OR VIA ANY
 ELECTRONIC OR OTHER MEANS),  COMMUNICATE,  DISTRIBUTE,  FAX,  GIVE  OUT,
 ISSUE, MAIL, POST, PUBLISH, RELEASE, TELEPHONE, OR TRANSMIT.
   2.  NO PUBLIC OFFICIAL SHALL USE, OR SOLICIT OR PERMIT THE USE OF, THE
 NAME, VOICE, PICTURE OR OTHER LIKENESS OF A CANDIDATE, OR ANY MEMBER  OF
 A  CANDIDATE'S  FAMILY, IN THE DISSEMINATION OF ANY MATERIAL OR INFORMA-
 TION WHERE SUCH DISSEMINATION IS SUPPORTED IN WHOLE OR IN PART, DIRECTLY
 OR INDIRECTLY, BY PUBLIC FUNDS.
   3. THE PROHIBITIONS SET FORTH IN THE PROVISIONS OF SUBDIVISION TWO  OF
 THIS  SECTION  APPLY: DURING THE THIRTY DAY PERIOD IMMEDIATELY PRECEDING
 ANY PRIMARY, LOCAL OR SPECIAL ELECTION; AND DURING THE SIXTY DAY  PERIOD
 IMMEDIATELY PRECEDING ANY GENERAL ELECTION.
   4.  UPON  RECEIPT  OF  NOTICE  OF THE FAILURE OF ANY PUBLIC OFFICER TO
 COMPLY WITH THE PROVISIONS OF THIS  SECTION,  THE  ATTORNEY  GENERAL  OR
 OTHER  APPROPRIATE  AUTHORITY  SHALL TAKE SUCH ACTION AS HE OR SHE DEEMS
 APPROPRIATE TO SECURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT REQUIRE THE REMOVAL OF ANY
 MATERIAL DISSEMINATED PRIOR TO THE APPLICABLE THIRTY OR SIXTY DAY  PERI-
 OD, AS THE CASE MAY BE, SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
   § 2. If any item, clause, sentence, subparagraph, subdivision, section
 or  other  part of this act, or the application thereof to any person or
 circumstances shall be held  to  be  invalid,  such  holding  shall  not
 affect,  impair or invalidate the remainder of this act, or the applica-
 tion of such section or part of a section held  invalid,  to  any  other
 person  or  circumstances, but shall be confined in its operation to the
 item, clause, sentence, subparagraph, subdivision, section or other part
 of this act directly involved in such holding,  or  to  the  person  and
 circumstances therein involved.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.