S T A T E   O F   N E W   Y O R K
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                                  4742

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by  M. of A. STEC -- 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-
tion  or  advertisement  of such notice required by law. Notwithstanding

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08760-01-3
              

A. 4742                             2

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.