S T A T E O F N E W Y O R K
________________________________________________________________________
8043
2009-2010 Regular Sessions
I N A S S E M B L Y
May 1, 2009
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules and the public officers
law, in relation to fees allowed to be charged for certain advertising
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 8007 of the civil practice law and rules, as
amended by chapter 449 of the laws of 1991, is amended to read as
follows:
S 8007. Printers. Except where otherwise prescribed by law, the
proprietor of a newspaper is entitled for publishing a summons, notice,
order or other advertisement, required to be published by law or by the
order of any court, or of the clerk of a court, to twenty-nine cents per
line of a column width not less than ten pica ems, provided that in
computing such charge per line the line shall average at least five
words for each insertion in newspapers having a circulation of less than
two thousand five hundred; twenty-nine and one-half cents per line for
newspapers having two thousand five hundred or more circulation and less
than five thousand; thirty and one-half cents per line for newspapers
having five thousand or more circulation and less than seven thousand
five hundred; thirty-one and one-half cents per line for newspapers
having seven thousand five hundred or more circulation and less than ten
thousand; thirty-two and one-half cents per line for newspapers having
ten thousand or more circulation and less than fifteen thousand; and
three and one-half cents per line, in addition to the thirty-two and
one-half cents for the initial fifteen thousand circulation, for each
additional five thousand circulation up to thirty-five thousand circu-
lation and one and one-half cents per line for each additional five
thousand possessed by a newspaper. To all of the above rates nine cents
per line shall be added to the initial insertion charge of each separate
advertisement. To all of the above rates for the initial insertion
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11431-01-9
A. 8043 2
eight cents per line shall also be added for tabular matter or intricate
composition. In reckoning line charges allowance shall be made for date
lines, paragraph endings, titles, signatures and similar short lines as
full lines where the same are set to conform to the usual rules of
composition. Display advertising shall be charged agate measurement
(fourteen lines to each inch), ten to thirteen pica ems wide, depending
on the makeup of the newspaper publishing such copy. This rate shall not
apply to any newspaper printed, principally circulated or having its
principal office in the counties of New York or Bronx within the first
judicial district or in the county of Kings within the second judicial
district OR IN THE COUNTY OF RICHMOND WITHIN THE THIRTEENTH JUDICIAL
DISTRICT or in the county of Nassau within the tenth judicial district
or in the county of Queens within the eleventh judicial district or in
the county of Westchester within the ninth judicial district or in any
city having a population of over one hundred seventy-five thousand
inhabitants within the eighth judicial district, where the rate for such
publication may be equal to but shall not exceed the regularly estab-
lished classified advertising rate of such newspapers. Every newspaper
making claim for compensation under the provisions of this section must
be established at least one year and entered in the post office as
second class matter.
S 2. Section 70-a of the public officers law, as amended by chapter
449 of the laws of 1991, is amended to read as follows:
S 70-a. Fees to be paid by public officers for public advertisements.
The charge for the publication of concurrent resolutions, proposed
constitutional amendments, propositions or questions to be submitted to
the voters of the state, tax sales and official notices required to be
published by state boards, commissions or officers in newspapers of the
state, shall be paid from the treasury on the audit and warrant of the
comptroller, after certification by the proper officer that such a
publication has been regularly made as prescribed by law. The charge for
the publication, if authorized by law, of digests of laws of a local
nature in the newspaper designated to publish such digests shall be paid
by the several counties of the state in which such laws may be
published, upon like certification. The charge for the publication of
concurrent resolutions, proposed constitutional amendments, propositions
or questions to be submitted to the voters of the state or of any poli-
tical subdivision thereof or therein, tax sales by the state or any
county or municipality therein, and of all official notices and adver-
tisements authorized or required by law to be published at the expense
of the state or of a county, city, town, village, public authority,
public benefit corporation or other political or civil subdivision of
the state, shall be at the rate of twenty-nine cents per line of a
column width not less than ten pica ems, provided that in computing such
charge per line the line shall average at least five words for each
insertion in newspapers having less than two thousand five hundred
circulation; twenty-nine and one-half cents per line for newspapers
having two thousand five hundred or more circulation and less than five
thousand; thirty and one-half cents per line for newspapers having five
thousand or more circulation and less than seven thousand and five
hundred; thirty-one and one-half cents per line for newspapers having
seven thousand five hundred or more circulation and less than ten thou-
sand; thirty-two and one-half cents per line for newspapers having ten
thousand or more circulation and less than fifteen thousand; and three
and one-half cents per line in addition to the thirty-two and one-half
cents for the initial fifteen thousand circulation, for each additional
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five thousand circulation up to thirty-five thousand circulation and one
and one-half cents per line for each additional five thousand possessed
by such newspapers. To all of the above rates nine cents per line shall
be added to the initial insertion charge of each separate advertisement.
To all of the above rates for the initial insertion eight cents per line
shall also be added for tabular matter or intricate composition. Display
advertising shall be charged agate measurement, fourteen lines to each
inch, ten to thirteen pica ems wide, depending on the makeup of the
newspaper publishing such copy. Every newspaper printed, published or
having its principal office outside of a city having a population of
over three hundred fifty thousand inhabitants, as a condition precedent
to designation as the official newspaper of any county, city, town,
village or other political or civil subdivision of the state or for the
making of claim for compensation under the foregoing provisions of this
section, must be established at least one year and entered in the post
office as second class matter.
This rate shall not apply to any newspaper printed, principally circu-
lated or having its principal office in the counties of New York or
Bronx within the first judicial district or in the county of Kings with-
in the second judicial district OR IN THE COUNTY OF RICHMOND WITHIN THE
THIRTEENTH JUDICIAL DISTRICT or in the county of Nassau within the tenth
judicial district or in the county of Queens within the eleventh judi-
cial district or in the county of Westchester within the ninth judicial
district or in any city having a population of over one hundred seven-
ty-five thousand inhabitants within the seventh and eighth judicial
districts, where the rate for such publication may be equal to, but
shall not exceed, the regularly established classified advertising rate
of such newspapers. In reckoning line charges allowance shall be made
for date lines, paragraph endings, titles, signatures, and similar short
lines as full lines where the same are set to conform to the usual rules
of composition. Every newspaper printed, published or having its princi-
pal office outside of a city having a population of over three hundred
fifty thousand inhabitants designated for the publication of concurrent
resolutions, proposed constitutional amendments, propositions or ques-
tions to be submitted to the voters of the state and making claim for
compensation must be established at least one year, entered in the post
office as second class matter and be printed and published in the town,
village or city or its post office address and except newspapers desig-
nated, printed, published and having their principal offices in a city
having a population of more than three hundred fifty thousand inhabit-
ants, shall attach to such claim an affidavit of the circulation of such
newspaper for the six months period ending March thirty-first or Septem-
ber thirtieth immediately preceding, which shall be used as the basis of
circulation rating. Papers printed, published and having their principal
offices outside a city having a population of more than three hundred
fifty thousand inhabitants shall accept the minimum rate per line until
such time as they establish to the satisfaction of the state comptroller
sufficient circulation to entitle them to a higher rate. It shall be
the duty of each board of supervisors in the several counties of the
state, in making out the assessment rolls, to assess and levy on the
taxable property of the county whose representatives they are, such sums
as shall be sufficient to defray the expense of publishing the digest of
laws of a local nature, if such publication be authorized, applicable
only to the county affected, in the newspaper designated. Notwithstand-
ing any provision of this section to the contrary, any publication which
was designated and publishing notice as an official newspaper prior to
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the year nineteen hundred forty and continued to be so designated and
publishing for at least thirty years after such year, which has been
designated for the publication of concurrent resolutions, proposed
constitutional amendments, propositions or questions to be submitted to
the voters of the state, may make claim for compensation pursuant to the
provisions of this section.
S 3. This act shall take effect immediately.