S T A T E O F N E W Y O R K
Cal. No. 958
I N S E N A T E
January 20, 2012
Introduced by Sens. LANZA, GOLDEN, MARTINS -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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 32-a
to read as follows:
S 32-A. CONTRACTS TO DISSEMINATE ADVERTISING MATERIALS. 1. DEFI-
NITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS FOR THE
PURPOSES OF THIS SECTION:
(A) "STATE AGENCY" SHALL MEAN AN AGENCY AS DEFINED BY SUBDIVISION ONE
OF SECTION THIRTY-FIVE OF THIS CHAPTER.
(B) "MAILINGS" SHALL MEAN ANY MAIL CLASSIFIED BY THE UNITED STATES
POSTAL SERVICE AS FIRST CLASS MAIL.
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, ADVERTISING MATERIALS TO THE PUBLIC RELATING TO A
PRODUCT OR SERVICE, SUCH CONTRACT SHALL EXCLUDE THE ADVERTISEMENT OF
PRODUCTS OR SERVICES OF ENTITIES THAT ARE NOT DEFINED AS STATE AGENCIES
WHICH RELATE DIRECTLY TO THE AUTHORITY, MISSION OR SUBJECT MATTER OF THE
STATE AGENCY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT
STATE AGENCIES FROM ENTERING INTO AGREEMENTS THAT ARE NOT OTHERWISE
PROHIBITED BY THIS SECTION WITH ENTITIES THAT ARE NOT DEFINED AS STATE
AGENCIES OR ADVERTISING THEIR OWN PROGRAMS, FACILITIES, OR OPERATIONS.
S 2. This act shall take effect immediately and shall apply to all
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.