NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Section 1 ( e

)

(X) Memo on original draft of bill ( ) Memo on amended bill

SPONSO~: Gordon T

TITLE OF BILL: An act to amend the election law, in relatiopt.o unfair campaign practices.

PURPOSE OR GENERAL I·OEA OF BILL: ThJs bill will create a new j udic.tal proceeding under th~ election law to address oomplaints of unfair c~mpaign p,t'ac'l:.ices.

SUMMARY OF SPECIFIC PROVISIONS: Section· 1 amends the election law by adding a new section 16-111. Section 2 provid~s for the effective d~te.

JUSTIFICATION: Throughout New Y.orJ~ St.a:te t.he~;e exist. fair campaign practj:ces cormnittees, such as the Fair Campa.ign Practices for the Capital Region, Inc.t the Westchester County Fair Campaign PrClct..ice:s Committee, and thE! Fair Campaign Practice Committee of the t,eague of Worn.en Vote:r.s of Syracuse

. Metropolitan Area, all of which are comprised of volunteers who hea.r complaints df unfClir campaigh practices and rl;lnder' decisions thereon. The cormnittees, tho'llgh well~int.entioned, lack any pun:Ltive authority and are not equipped to addre.ss. complaints arising out; of the latter days of ill. campaign. The New York State Board of E1ectiOr)s has pl;omulgated the Fair Catnp.d.gn Code pursuant to el~ction law seotion 3~l06, pursuant to which it hears complaints of. unfair campaign practice8 and .r.ende:r.s.· deoi:;d,ons thereon. Unlike the, fair campaign oommi, t tees, the Board ot rr.J.eotions is empowered to irnpbse a civil penalty up to One thousand dollars, reooversbJ.e in a judicial prooeeding, but as with the fair campaign cormni ttees the Soard of Elec.tions is not equipped to address complaints arising out ot the latter days: of a 'campaign; This bill will creat(Sl .;:1. new judicial proceeding under the election law to be commenced within .ten days after any s pe c i.e L, pz Lmaxy or general election, and pursuant to which a ci~ril penalty of up to one 'thousand dolla.rs may be imposed, with judgment rendered thereon. This bLU; would allow the. courts to address alleg'?-tj.ons, of unfair campaign prac'tlces oocu:t:':dng up to and including 121ect~.on d.;l,Y, and would allow the ccuxt s to Lmpos e .03. meaningful monetary penalty for an appropriate transgression. For the purposes of this bill, "unfair campaign practices" include:

(a) false and/or misleading attacks upon a' candid~te's characte~;

,(b) the use of campaign material or adve~:t:i.sements that miSl:'epresent, d;lst.ort or oth@rwise t~-1.sd.fy a fact or facts reg.ading the candidate or an oppon€!nt; (c) invasion~ of personal privacy as to matters unrelated to fitness for

office; . .

(d) a violation of the Fair Campaign Code adopted by the New York State Board of Elections pursuant to Election Law section 3-106.

PRIOR LEGISLATIVE HIS~ORY: New bill.

lrJ:SCAL l:Ml?LlCA'l'IONS: Mane to the state.

FFECTIW DA':r.li::· Thia F.I.ct shall "I::a)<e effect ;!_mmediat:ely,

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12/14/10

2

18303-02-0

1 Section 1. The election law 5.s. amended by adding a. new section 16-111

2 .to read as follows:

3 S 16-111. Proceedings as to unfair campaign ptaatices. 1- The supreme

4 court. by a justice ther~of within the judicial district, or the county

5 COUtt. by a judgCO! within his or her. county. in.a proceeding instituted 6 by a candidate for public office sha11d@termine a· complaint of unfair

7 gIn__.e_ai,gn-----2ractices ~ainst anothEl:r. candidat~ for the same Rublic office,

8 and shall ~nteran order setting forth such determination •.

9 2. Upon a determination that a candidate for Eublic office has engaged

10. in unfair campaisn practices the court shall enter an order impQsing a

11 civil Eenalt~ uEon such candidate. not to exceed one thousand dollars.

12 upon which judgment ma~ be ente~ed.

13 3. A proceeding unde:r:t.his section must· De comme:nc!O!.d no later than ten

14 days after a primary election as t'o_claims of unfair campaign p!acticss

15 occurring_jtrior to and ino1uding ~h@ day of the primary election,. and no

16 lat~r than ten days after a_general or special election as to claims of

17 unfair campaign practices occurring prior to and including the day of

18 the gen~ral Or special election.

19 4. For the purpose 'of this section, "unfair campaign practices" shall

20 include:

21 .W false andLor mi"slCO!ading a~tacks upon a candidat~ I s character;:

22 (b) the use of campaign material 0:1; advertisemelnts that misre_present,

23 distort or othe:r:wise falsify a fa.ct or facts regarding the candidate 0..-

24 an opponent.

25 (e) invasions of personal privacy as to matters unrelated to fitness

26 for office; and

27 Cd) a violation of the fair campaign code ddoptea by the state board

I

28 of e1ections-.Purauant to section .3-106 of this jchapte:r:.

NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT 'OF LEGISLATION submitted in accordance with Assembly Rule III~ Section 1 (e)

( X) Memo on original draft of bill ( ) Memo on amended bill

SPONSOR~ G6rd~n T

TITLE OF BILL: An act to am~nd th~ eleccion law, in relation to political harassment.

PURPOSE OR GENERAL ~DEA OF BILL: This bill will create the crime of political harassment under the election law.

SUMMARY OF SPECIFIC PROVISIONS: Sect.i.on 1 amends' the election law by adding a n~w sectlon 17-165. Section 2 makes poiitical harassment B misdemeanor under the election law .. Section 3 provides for the effective date.

JUSTIFlCA'l!ION: There is currently no law specifically prO,tecting designated or nominated candidates for public office under 'the. election' law from harassing activities of their opponents. In essence t.h i.s, bill takes the violation of hara~sment in the second degree under section 240.26 of the penal law Bnd makes those acti vi ties a misdemeanor as app Lf.ad cc political candidates under. the election law. This bill. will further ensure that political candidates and their agents will refrain from harassing thei~ opponents, and will raise the lev~l of political debate out of the realm of personal attack and intrusion to

serious dispou:t:.ae on the issues." .

PRIOR LEGISLATrvE H~S~ORY: New bill.

FISCAL ;[MpLICATIONS: None to the s·l:al:.e.

FFECTIVE PATE: This act shall take effec'c irnmeC[i~teJ.y .

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12/14/10

2

19307-01-0

1 S~ci:ion 1. Section 17-100 of the election law is amended by ~dding a

2 new subdivision 5 to read as follows:

3 5. Th~ tE!rm "immediate family" as uSed in this article shall mean a 4 candidate! I s spouse·, .forme!r spouse, parent, child or sibling, or· any 5 othE!r person who r~sularly resides or r~gularly resided in a candidate's 6 household.

7 S 2. ·The election law is· amended by adding a new section 17-172 to

B' read as follows:

9 S 17-172. Political harassment. Any pe:r:SOn who, with intemt to" harass, 10 annoy or alarm a candidate or a m~mber of a candidate's immediat~ fami- 11 ll=

12 1. follows such candidai:E! at:' a member of such candidate's immediate 13 family in Or about ~ public piace or plaoest Or

14 2. E!ngaqes in a cou.rse of conduct o:r: reT;?eate'dly commits acts which 15 alarm or set:'iously annoy such candidate ar such candidate's immediate 16 family. and such conduct or acta serve no l@gitimat'e purpose: is guilty 17 of a misdem~anor.

18 S 3. This act shall take effe.ct immediately.

t.gl) C /8"). 97 ~ 0)- 0

NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Section 1 (e)

(X) Memo on original draft of bill ( ) Memo on amended bill

SPONSOR: Gordon T

TITLE OF BILL: An act to amend the pens+ law by adding a new subsection 4 to section 120.45. stalkin~ in the fourth degree.

PURPOSE OR GENERAL IDEA 'OF BILL: This act; will include within the crime of. stalking in the fourth degree (a B misdemeano.r)· intentionally following' Or lying in wait and videotaping. photographing or a~dio-recording a person more that one time in any 1 aO~da.y pe.t'iod, where the actor WaS previously clea.t'ly informed to Cease. that conduct, and such conduct reasonably caUBes ~ear, inti~idation Or annoyance.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 120.45 of the penal law. by adding a new subsection 4. Sect.j.on 2 provides for the i;::ffective dat;e .

.JUSTIFICATION: All people, no matt e r what their ste.tion or s t.a t ur-e Ln society, should be able to walk down the street ox engage in their dad Ly affairs Becure in their own persons without having to b~ subj~cted to persons following them or lying in wait and videotaping, photographing or audio-rec6rding them after being clearly told to cease such conduct. This act would not infringe upon 'a person's right to videotape. photograph, or audio~record another' person, to the extent such ri<ll"ht exists •. and would not cr.im;l,naiize -:d.deotap.i.ng, photograghing or audio~recordj.ng another pe.rson one .time after being Clearly informed to ceaSe such ccndue't , It would, however, .crimJ.n.aJ."i.:ze causing reasonable. fear, intirn.icla.tion or annoyance by intentionalJ.y fo.1J.owingor lying in walt for another person, and videotaping, photographing or audiorecording such person mO.r.e that one time in a 180~da'y period after. bei.ng Clearly informed to cease such conduct.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the e t at.e .

EFFECTIVE PATE: This act; shall take .e f f e ot; immed~.ately

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·12/07/10

2

1825)7-01-0

1 S~ction 1. Subdivision 3 of s~ctions 120.45 of th~ penal law, as added 2 by chapter 635 of the laws of 1999, is amended and a. new subdivision 4 3 is added to read as follows:

4 3. is likely to,oaus~ suc~ p~rson to reasonably fear that his or her 5 e~ployment, business or career is threatenea~ where such conduct 6 consists of appearingt telephoning or initiating communication or 7 contact at such person's place of employment or business, and the actor

. S· was pteviously clearly informed to cease that conduct [. JLP.!..

9 4. is likely to caus~ such specific ~rson reasonable fear, intim-

10 idation or a!IDo_yanc~ by intentionally and repeatedly during any period 11 of· one hundred ei_ght_y_ days following or lying in wa;i, t fo, such specific 12 person, where such conduct consists of videotaping, photographing or

13 audio-recording such specific

person, and thE! actor was previously

14 ~lE!arly infor·med to cea5e that conduct.

15 S 2. This act shall take effect immediately.

NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEOISLA nON submitted in accordance with Assembly Rule III~ Section 1 (e)

( X) Memo on original draft of bill ( ) Memo on amended bill'

,SPONSOR: Gordon T

TI'rLE,OF BI.LL: An act to 'amend the general business law, in relation to digi,tal billboards.

PURPOSE OR GENERAL :[DEA OF BI.LL: T.his bill w;t:l.J. create a nu.narnum time perio'd for which each individual image may be d.isplayed on a digital bilJ.board, so as to prevent the unreasonable distraction of operators of motor vehicles.

,st:lMM1l.RY OF'SPECIFIC PROVISIONS: Sectlon 1 amends the general business law by adding a new section 397-b. Section 2 provides for the e:Efective date.

JUS'l'IFlCATION:A. new era of advertising is upon: ua ,i,n the digl,tal age, and all operators of motor vehicles in this state have no doubt been distracted while driving by digital bill boards displaying m~ltiple images in rapid succession. The owners of the digital billboardt aptly market their product by placing them upon high traffic expressway locations· where multiple Lma qe s with "iribr,ant colois are changed every few seconds in order to maximize consumer exposure. Unregulated displays such as th.ese are a hazard to motorists, and this bill will prevent the unreasonabie distr~ction o:r operators of motor vehicles upon our highways by setting a minimum time period of si~ty consecutive seconds for each image display.

\

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL J:MPLlCATIONS: None 'to the st ate.

EFFECTIVE DATE: This act shall take IOlffect six. months after it shall have become law.

,

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12/14/10

2

18300-02-0

1 Seotion 1. The general business law is amended by adding a new section

2 397-b to read as fOllows:

I I

3 'i ~97-b. DigH:.sl bhlboards. No billboard projecting a -digital image I

4 shall dis,:elay any siA9le image. display, picture. frame. ml?ssage or

i

5 design for a Reriod ofiless than sixty consecutive seconds for each such

6 imags, disE1ay, Pict~re, frame, message or d~sign. For the purposes of 7 this section the term ubillboard" shall include an billboard

I

8 notice, poster, -dis,:elay or other stationary device intended ,to attract I

90r which does attract ~he attention of operators of motor vehicles.

10 S 2. This act shall ake effect On thE! one "hundred eightieth day afte~

11 it shall have become a law.

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