senate Bill S3335

Requires state agencies who contract to disseminate advertising material to exclude material which relates to the agency's mission

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Feb / 2011
    • REFERRED TO FINANCE
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1217
  • 14 / Jun / 2011
    • SUBSTITUTED BY A3320

Summary

Requires state agencies who contract to disseminate advertising material to exclude material which relates to the agency's mission; defines the term "state agency".

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Bill Details

See Assembly Version of this Bill:
A3320
Versions:
S3335
Legislative Cycle:
2011-2012
Law Section:
Executive Law
Laws Affected:
Add ยง33, Exec L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S7256, A10322
2007-2008: S2871, A5266

Sponsor Memo

BILL NUMBER:S3335

TITLE OF BILL:
An act
to amend the executive law, in relation to contracts to disseminate
certain advertising materials

PURPOSE:
To prohibit state agencies, when entering into a contract 10
disseminate advertising materials to the public, from disseminating
materials which relate, directly or indirectly, 10 the authority,
mission, or subject matter of the state agency.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the executive law by adding a new section 33, to
provide that when a state agency enters into a contract to
disseminate advertising materials to the public relating to a product
or service, such contract shall exclude the advertisement of products
or services which relate, to the authority, mission, or subject
matter of the state agency.

JUSTIFICATION:
State agencies occasionally contract to permit the inclusion of
advertising materials in mailings from the agency to the public. For
example, the Department of Motor Vehicles permits the inclusion of
advertisements for auto insurance companies in mailings relating to
motor vehicle registration renewals.

The inclusion of advertising materials which closely relate to the
regulatory authority of a state agency suggests the tacit endorsement
of the state for the provider of a product or service. This effect is
compounded when the product or service is required in order to comply
with state law or regulation enforced by the agency-for example,
proof of maintaining mandatory financial responsibility requirements
as enforced by the Department of Motor Vehicles.

By allowing contracts to be negotiated with providers of such products
or services, the stale agency unavoidably creates the perception of
favoritism toward one competitor to the disadvantage of other
competing providers.

LEGISLATIVE HISTORY:
2010: S.7256 - Referred to Finance / A.10322 - Passed Assembly.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3335

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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:

  Section 1. The executive law is amended by adding a new section 33  to
read as follows:
  S  33.  CONTRACTS  TO  DISSEMINATE  ADVERTISING  MATERIALS. 1. FOR THE
PURPOSES OF THIS SECTION, "STATE AGENCY" SHALL MEAN  ANY  STATE  DEPART-
MENT,  BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY,
PUBLIC BENEFIT CORPORATION, COUNCIL, OFFICE, OR OTHER GOVERNMENTAL ENTI-
TY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  WHEN  A  STATE  AGENCY
ENTERS INTO A CONTRACT DIRECTLY OR THROUGH A THIRD PARTY TO DISSEMINATE,
THROUGH  MAILINGS  OR  OTHERWISE,  ADVERTISING  MATERIALS  TO THE PUBLIC
RELATING TO A PRODUCT OR SERVICE, SUCH CONTRACT SHALL EXCLUDE THE ADVER-
TISEMENT OF PRODUCTS OR SERVICES WHICH RELATE, DIRECTLY  OR  INDIRECTLY,
TO THE AUTHORITY, MISSION, OR SUBJECT MATTER OF THE STATE AGENCY.
  S  2.  This  act  shall take effect immediately and shall apply to all
contracts entered into on and after such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08251-01-1

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