Bill Text: NY A09615 | 2017-2018 | General Assembly | Introduced
Bill Title: Prohibits 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.
Spectrum: Moderate Partisan Bill (Democrat 12-3)
Status: (Introduced - Dead) 2018-01-26 - referred to governmental operations [A09615 Detail]
Download: New_York-2017-A09615-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9615 IN ASSEMBLY 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: 1 Section 1. The public officers law is amended by adding a new section 2 73-c to read as follows: 3 § 73-c. Use of candidates' name, voice, picture or likeness in certain 4 publicly-funded advertisements and announcements prohibited. 1. As used 5 in this section the term: 6 (a) "Public official" shall mean: 7 (i) the governor, lieutenant governor, comptroller or attorney gener- 8 al; 9 (ii) members of the state legislature; 10 (iii) state officers and employees including: 11 (A) heads of state agencies and their deputies and assistants other 12 than members of the board of regents of the university of the state of 13 New York who receive no compensation or are compensated on a per diem 14 basis, 15 (B) officers and employees of statewide elected officials, 16 (C) officers and employees of state agencies other than officers of 17 boards, commissions or councils who receive no compensation or are 18 compensated on a per diem basis, 19 (D) members or directors of public authorities, other than multi-state 20 authorities, public benefit corporations and commissions at least one of 21 whose members is appointed by the governor, who receive compensation 22 other than on a per diem basis, and employees of such authorities, 23 corporations and commissions; 24 (iv) officers and employees of the legislature; and 25 (v) municipal officers and employees including an officer or employee 26 of a municipal entity, whether paid or unpaid, including members of any 27 administrative board, commission or other agency thereof and in the case 28 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. LBD14298-01-8A. 9615 2 1 paid from county funds. No person shall be deemed to be a municipal 2 officer or employee solely by reason of being a volunteer fireman or 3 civil defense volunteer, except a fire chief or assistant fire chief. 4 (b) "State agency" shall mean any department, board, bureau, commis- 5 sion, division, office, council, committee or officer of the state, 6 whether permanent or temporary, or a public benefit corporation or 7 public authority at least one of whose members is appointed by the 8 governor, authorized by law to make rules or to make final decisions in 9 adjudicatory proceedings but shall not include the judicial branch or 10 agencies created by interstate compact or international agreement. 11 (c) "Municipality" shall mean any jurisdictional subdivision of the 12 state, including but not limited to counties, cities, towns, villages, 13 improvement districts and special districts, with a population of more 14 than fifty thousand; and public authorities, and public corporations, 15 but shall not include school districts. 16 (d) "Public funds" shall mean all moneys in the possession, custody, 17 control or under the authority of: the comptroller; the commissioner of 18 tax and finance; any other state agency; a municipality; or any public 19 official. 20 (e) "Candidate" shall mean an individual who seeks nomination for 21 election, or election, to any public office to be voted for at a prima- 22 ry, general, local or special election. 23 (f) "Disseminate" shall include, but not be limited to, advertise, 24 announce, broadcast (via television, radio, the internet or via any 25 electronic or other means), communicate, distribute, fax, give out, 26 issue, mail, post, publish, release, telephone, or transmit. 27 2. No public official shall use, or solicit or permit the use of, the 28 name, voice, picture or other likeness of a candidate, or any member of 29 a candidate's family, in the dissemination of any material or informa- 30 tion where such dissemination is supported in whole or in part, directly 31 or indirectly, by public funds. 32 3. The prohibitions set forth in the provisions of subdivision two of 33 this section apply: during the thirty day period immediately preceding 34 any primary, local or special election; and during the sixty day period 35 immediately preceding any general election. 36 4. Upon receipt of notice of the failure of any public officer to 37 comply with the provisions of this section, the attorney general or 38 other appropriate authority shall take such action as he or she deems 39 appropriate to secure compliance with the provisions of this section. 40 5. The provisions of this section shall not require the removal of any 41 material disseminated prior to the applicable thirty or sixty day peri- 42 od, as the case may be, set forth in subdivision three of this section. 43 § 2. If any item, clause, sentence, subparagraph, subdivision, section 44 or other part of this act, or the application thereof to any person or 45 circumstances shall be held to be invalid, such holding shall not 46 affect, impair or invalidate the remainder of this act, or the applica- 47 tion of such section or part of a section held invalid, to any other 48 person or circumstances, but shall be confined in its operation to the 49 item, clause, sentence, subparagraph, subdivision, section or other part 50 of this act directly involved in such holding, or to the person and 51 circumstances therein involved. 52 § 3. This act shall take effect on the ninetieth day after it shall 53 have become a law.
