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

                                  4796

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

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
              

S. 4796                             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

S. 4796                             3

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

S. 4796                             4

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.