Bill Text: NY A09034 | 2011-2012 | General Assembly | Amended

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Bill Title: Prohibits a state agency from entering into contracts for advertising mailings for products and services of entities which relate directly to the authority of such agency.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2012-08-17 - tabled [A09034 Detail]

Download: New_York-2011-A09034-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9034--B
                                 I N  A S S E M B L Y
                                   January 17, 2012
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, ROSENTHAL -- Multi-Sponsored by --
         M. of A. MOYA -- read once and referred to the  Committee  on  Govern-
         mental  Operations  --  reported and referred to the Committee on Ways
         and Means -- committee discharged, bill amended, ordered reprinted  as
         amended  and recommitted to said committee -- again reported from said
         committee with amendments, ordered reprinted as amended and  recommit-
         ted to said committee
       AN  ACT  to amend the executive law, in relation to contracts to dissem-
         inate certain advertising materials
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The executive law is amended by adding a new section 32-a
    2  to read as follows:
    3    S 32-A. CONTRACTS TO DISSEMINATE  ADVERTISING  MATERIALS.  1.    DEFI-
    4  NITIONS.  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS FOR THE
    5  PURPOSES OF THIS SECTION:
    6    (A) "STATE AGENCY" SHALL MEAN AN AGENCY AS DEFINED BY SUBDIVISION  ONE
    7  OF SECTION THIRTY-FIVE OF THIS CHAPTER.
    8    (B)  "MAILINGS"  SHALL  MEAN  ANY MAIL CLASSIFIED BY THE UNITED STATES
    9  POSTAL SERVICE AS FIRST CLASS MAIL.
   10    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  WHEN  A  STATE  AGENCY
   11  ENTERS INTO A CONTRACT DIRECTLY OR THROUGH A THIRD PARTY TO DISSEMINATE,
   12  THROUGH  MAILINGS,  ADVERTISING  MATERIALS  TO  THE PUBLIC RELATING TO A
   13  PRODUCT OR SERVICE, SUCH CONTRACT SHALL  EXCLUDE  THE  ADVERTISEMENT  OF
   14  PRODUCTS  OR SERVICES OF ENTITIES THAT ARE NOT DEFINED AS STATE AGENCIES
   15  WHICH RELATE DIRECTLY TO THE AUTHORITY, MISSION OR SUBJECT MATTER OF THE
   16  STATE AGENCY. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  TO  PREVENT
   17  STATE  AGENCIES  FROM  ENTERING  INTO  AGREEMENTS THAT ARE NOT OTHERWISE
   18  PROHIBITED BY THIS SECTION WITH ENTITIES THAT ARE NOT DEFINED  AS  STATE
   19  AGENCIES OR ADVERTISING THEIR OWN PROGRAMS, FACILITIES, OR OPERATIONS.
   20    S  2.  This  act  shall take effect immediately and shall apply to all
   21  contracts entered into on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14033-04-2