S T A T E O F N E W Y O R K
________________________________________________________________________
535
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. SAYWARD, DUPREY -- Multi-Sponsored by -- M. of A.
CROUCH, GIGLIO -- read once and referred to the Committee on Judiciary
AN ACT to amend the limited liability company law and the general
construction law, in relation to the definition of "newspaper"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 102 of the limited liability company law is amended
by adding a new subdivision (ii) to read as follows:
(II) "NEWSPAPER" MEANS ANY NEWSPAPER OF GENERAL CIRCULATION WHICH IS
PRINTED AND DISTRIBUTED ON A DAILY OR WEEKLY BASIS AND HAS BEEN IN BUSI-
NESS FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING ANY PUBLICATION ADVER-
TISEMENT, AND WHICH CONTAINS NEWS, ARTICLES OF OPINION, FEATURES, ADVER-
TISING AND ANY OTHER MATTER REGARDED AS CURRENT INTEREST.
S 2. Subdivision a of section 60 of the general construction law, as
separately amended by chapters 724 and 725 of the laws of 1975, is
amended to read as follows:
a. In any case in which notice of any fact is required by law to be
published or advertised in a newspaper, the term "newspaper" shall mean
a paper of general circulation which is printed and distributed ordinar-
ily not less frequently than once a week, and has been so for at least
one year immediately preceding such publication or advertisement, and
which contains news, articles of opinion (as editorials), features,
advertising, or other matter regarded as of current interest, [has a
paid circulation] and (except for such a paper which has been printed
and distributed not less frequently than once a week for a period of ten
years prior to January one, nineteen hundred seventy-five) has been
entered at United States post-office as second-class matter. A publica-
tion which is distributed or made available primarily for advertising
purposes to the public generally without consideration being paid there-
for shall not be deemed to be a "newspaper" for the purpose of publica-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01319-01-1
A. 535 2
tion or advertisement of such notice required by law. Notwithstanding
any provision of this subdivision to the contrary, a publication which
was designated and publishing notice as an official newspaper prior to
the year nineteen hundred forty and continued to be so designated and
publishing for at least thirty years after such year shall be deemed to
be a newspaper within the meaning of this subdivision.
S 3. This act shall take effect immediately.