Assembly Bill A9034

Vetoed By Governor
2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A9034 - Details

See Senate Version of this Bill:
S6285
Law Section:
Executive Law
Laws Affected:
Add §32-a, Exec L

2011-A9034 - 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.

2011-A9034 - Bill Text download pdf 

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

                                  9034

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Governmental Operations

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 WHICH RELATE DIRECTLY TO THE AUTHORITY, MISSION  OR
SUBJECT  MATTER  OF THE STATE AGENCY. PROVIDED, HOWEVER, THAT ADVERTISE-
MENTS WHICH ARE DESIGNED TO PROMOTE PROGRAMS, FACILITIES  OR  OPERATIONS
OF  THE  STATE  AGENCY  SHALL  NOT  BE SUBJECT TO THE PROVISIONS OF THIS
SECTION.
  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.
                                                           LBD14033-01-2

co-Sponsors

multi-Sponsors

2011-A9034A - Details

See Senate Version of this Bill:
S6285
Law Section:
Executive Law
Laws Affected:
Add §32-a, Exec L

2011-A9034A - 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.

2011-A9034A - Bill Text download pdf 

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

                                 9034--A

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, ROSENTHAL -- Multi-Sponsored by --
  M. of A. MOYA -- read once and referred to the  Committee  on  Govern-
  mental  Operations  --  reported and referred to the Committee on Ways
  and Means -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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 NON-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 ENGAGING
IN PUBLIC-PRIVATE PARTNERSHIPS OR ADVERTISING THEIR OWN PROGRAMS, FACIL-
ITIES, 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.
                                                           LBD14033-02-2

co-Sponsors

multi-Sponsors

2011-A9034B (ACTIVE) - Details

See Senate Version of this Bill:
S6285
Law Section:
Executive Law
Laws Affected:
Add §32-a, Exec L

2011-A9034B (ACTIVE) - 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.

2011-A9034B (ACTIVE) - Bill Text download pdf 

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

                                 9034--B

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, ROSENTHAL -- Multi-Sponsored by --
  M. of A. MOYA -- read once and referred to the  Committee  on  Govern-
  mental  Operations  --  reported and referred to the Committee on Ways
  and Means -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

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.
                                                           LBD14033-04-2

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