S T A T E O F N E W Y O R K
________________________________________________________________________
1325
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
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.
LBD03899-01-3