senate Bill S251

2011-2012 Legislative Session

Prohibits school districts from entering into telecommunications contracts as delineated herein

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 05, 2011 referred to education

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S251 - Bill Details

See Assembly Version of this Bill:
A1082
Current Committee:
Law Section:
Education Law
Laws Affected:
Add ยง2040-b, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S4156, A3948

S251 - Bill Texts

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Prohibits school districts from entering into telecommunications contracts as delineated herein which grant exclusive rights or deals with exclusive advertising rights.

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BILL NUMBER:S251

TITLE OF BILL:
An act
to amend the education law, in relation to prohibiting certain
telecommunications contracts

PURPOSE:
To prohibit school boards from entering into a contract granting
exclusive advertising rights to any person; or entering into a
contract that prohibits the board, a member thereof, a district
employee or a student from disparaging the goods or services of the
person contracting with the school board; or entering into a contract
for telecommunications goods or services that are provided to the
district at a price below market value with the expectation that the
goods or services will be used to disseminate advertising to students.

SUMMARY OF PROVISIONS:
This legislation would prohibit school districts from entering into
contracts which require that various forms of advertising be
disseminated to students.

JUSTIFICATION:
Increasingly, schools and school districts around the State are
turning to contracts with private enterprise to help fund their
educational or athletic programs. In return for their donations,
companies are granted access to students either for the purpose of
advertising their products or actually selling their products to
students, sometimes on an exclusive basis. Children are subject to a
constant barrage of advertising, even before they are old enough to
enter school, on television, radio, videos and over the Internet.
Schools should be the one safe haven where they are presented with
factual information, free from the pressures of commercial advertising.

PRIOR LEGISLATIVE HISTORY:
2000-2010: Referred to and Died in Senate Education Committee

FISCAL IMPLICATIONS:
None to state; some loss of revenue to local school districts.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to contracts
entered into, modified, extended or renewed on and after such date.

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

                                   251

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MONTGOMERY, HASSELL-THOMPSON, KRUEGER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Education

AN ACT to amend the education law, in relation  to  prohibiting  certain
  telecommunications contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 2040-b
to read as follows:
  S 2040-B. PROHIBITED CONTRACTS.  1.  FOR  PURPOSES  OF  THIS  SECTION,
"TELECOMMUNICATIONS" MEANS THE ELECTRONIC MOVEMENT OF INFORMATION IN ANY
FORM  INCLUDING  THE  ELECTRONIC MOVEMENT OF INFORMATION BY CABLE, FIBER
OPTICS, INSTRUCTIONAL TELEVISION FIXED SERVICE, MICROWAVE, RADIO, SATEL-
LITE, COMPUTER, TELEPHONE OR TELEVISION.
  2. NO SCHOOL BOARD SHALL DO ANY OF THE FOLLOWING:
  (A) ENTER INTO A CONTRACT THAT GRANTS EXCLUSIVE ADVERTISING RIGHTS  TO
A PERSON;
  (B)  ENTER  INTO  A CONTRACT THAT PROHIBITS THE SCHOOL BOARD, A SCHOOL
BOARD MEMBER, A SCHOOL DISTRICT EMPLOYEE OR A PUPIL FROM DISPARAGING THE
GOODS OR SERVICES OF THE PERSON CONTRACTING WITH THE SCHOOL BOARD; OR
  (C) ENTER INTO A CONTRACT FOR TELECOMMUNICATIONS GOODS OR SERVICES  IF
THE  CONTRACT  REQUIRES THE DISSEMINATION OF ADVERTISING TO PUPILS OR IF
THE GOODS OR SERVICES ARE PROVIDED TO THE SCHOOL  DISTRICT  AT  A  PRICE
BELOW  MARKET VALUE WITH THE EXPECTATION THAT THE GOODS OR SERVICES WILL
BE USED TO DISSEMINATE ADVERTISING TO PUPILS.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
contracts  entered into, modified, extended or renewed on and after such
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01413-01-1

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