Bill Text: NY A04396 | 2019-2020 | General Assembly | Introduced

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Bill Title: Amends the definition of "newspaper"; deletes provisions of law requiring "newspaper" to include paid circulation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A04396 Detail]

Download: New_York-2019-A04396-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4396
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  STEC, FINCH -- read once and referred to the
          Committee on Judiciary
        AN ACT to amend the  limited  liability  company  law  and  the  general
          construction law, in relation to the definition of "newspaper"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 102 of the limited liability company law is amended
     2  by adding a new subdivision (ii) to read as follows:
     3    (ii) "Newspaper" means any newspaper of general circulation  which  is
     4  printed and distributed on a daily or weekly basis and has been in busi-
     5  ness  for at least one year immediately preceding any publication adver-
     6  tisement, and which contains news, articles of opinion, features, adver-
     7  tising and any other matter regarded as current interest.
     8    § 2. Subdivision a of section 60 of the general construction  law,  as
     9  separately  amended  by  chapters  724  and  725 of the laws of 1975, is
    10  amended to read as follows:
    11    a. In any case in which notice of any fact is required by  law  to  be
    12  published  or advertised in a newspaper, the term "newspaper" shall mean
    13  a paper of general circulation which is printed and distributed ordinar-
    14  ily not less frequently than once a week, for a minimum forty-eight week
    15  per year basis and has been so for at least one year immediately preced-
    16  ing such publication or advertisement, and which contains news, articles
    17  of opinion (as  editorials),  features,  advertising,  or  other  matter
    18  regarded  as  of  current interest, [has a paid circulation] and (except
    19  for such a paper  which  has  been  printed  and  distributed  not  less
    20  frequently  than  once a week for a period of ten years prior to January
    21  one, nineteen hundred seventy-five) has been entered  at  United  States
    22  post-office  as  second-class matter. A publication which is distributed
    23  or made available primarily  for  advertising  purposes  to  the  public
    24  generally  without consideration being paid therefor shall not be deemed
    25  to be a "newspaper" for the purpose of publication or  advertisement  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08757-01-9
        A. 4396                             2
     1  such  notice  required  by  law.  Notwithstanding  any provision of this
     2  subdivision to the contrary, a  publication  which  was  designated  and
     3  publishing  notice  as  an official newspaper prior to the year nineteen
     4  hundred  forty  and  continued to be so designated and publishing for at
     5  least thirty years after such year shall be deemed  to  be  a  newspaper
     6  within the meaning of this subdivision.
     7    § 3. This act shall take effect immediately.