senate Bill S6285A

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

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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

  • 20 / Jan / 2012
    • REFERRED TO FINANCE
  • 30 / May / 2012
    • 1ST REPORT CAL.958
  • 31 / May / 2012
    • 2ND REPORT CAL.
  • 04 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING 6285A
  • 18 / Jun / 2012
    • SUBSTITUTED BY A9034B

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9034B
Versions:
S6285
S6285A
Legislative Cycle:
2011-2012
Law Section:
Executive Law
Laws Affected:
Add ยง32-a, Exec L

Sponsor Memo

BILL NUMBER:S6285A

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

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

SUMMARY OF PROVISIONS:
Section one amends the executive law by adding a new section 32-a.

Section two is the effective date.

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.

Advertisements that promote programs, facilities or operations of any
state agency would not be limited under this bill, allowing the State
to continue to promote its many important initiatives.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to an contracts
entered into on or after such effective date.

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

                                 6285--A
    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.
                                                           LBD14033-05-2

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