Section 73-B. Advertisements by elected government officials and candidates made with public funds; prohibited

1. As used in this section:
    (a) "Political subdivision" shall mean a county, city,  town,  village
  or district within the state.
    (b) "Public authority" shall mean a public authority or public benefit
  corporation  created by or existing under any law of the state, at least
  one of whose  members  is  appointed  by  the  governor  (including  any
  subsidiaries  of  such  public authority or public benefit corporation),
  other than an interstate or international authority  or  public  benefit
  corporation.
    (c) "Appear" or "appears" shall mean to appear by likeness, picture or
  voice.
    (d)  "Candidate" shall have the meaning set forth in section 14-100 of
  the election law.
    2. Notwithstanding any other provision of law to the contrary, (a)  no
  elected  government  official  or  candidate for elected local, state or
  federal office shall knowingly appear in any advertisement or promotion,
  including  public  or  community  service  announcements,  published  or
  broadcast  through  any print or electronic media (including television,
  radio and internet) by any private or commercial  entity  or  any  other
  entity that publishes such advertisement for a fee, if the advertisement
  or  promotion  is paid for or produced in whole or in part with funds of
  the state, a political subdivision thereof or a public authority.
    (b) No person shall knowingly use the funds of the state, a  political
  subdivision  thereof or public authority to pay for or produce, in whole
  or in part,  any  advertisement  or  promotion  that  is  prohibited  by
  paragraph  (a)  of this subdivision. This prohibition shall not apply to
  otherwise lawful expenditures  of  public  campaign  funds  specifically
  provided for under state, federal or local law.
    3.  Any  person  who  violates the provisions of this section shall be
  liable for a civil penalty of not less than  one  thousand  dollars  nor
  more  than  five  thousand  dollars.  The  penalties  prescribed by this
  subdivision may be recovered in a civil action brought by  the  attorney
  general.