senate Bill S5156

2013-2014 Legislative Session

Relates to the meaning of the term "newspaper" for purposes of publishing certain notices required by law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
May 13, 2013 referred to judiciary

Co-Sponsors

S5156 - Bill Details

See Assembly Version of this Bill:
A7654
Current Committee:
Senate Judiciary
Law Section:
General Construction Law
Laws Affected:
Amd §60, Gen Con L

S5156 - Bill Texts

view summary

Relates to the meaning of the term "newspaper" for purposes of publishing certain notices required by law.

view sponsor memo
BILL NUMBER:S5156

TITLE OF BILL: An act to amend the general construction law, in
relation to the meaning of the term "newspaper" for the purposes of
publishing certain notices required by law

PURPOSE OR GENERAL IDEA OF BILL: To provide newspapers with the option
of publishing legal notices on a newspaper's website

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amend General Construction Law § 60 to further define
"newspaper" in any case in which notice of any fact is required by law
to be published by or advertised in a newspaper Specifically, the
term "newspaper" is further defined as any legal notice section
maintained by such newspaper or by one of its corporate subsidiaries
on the newspaper's website. Notice of any fact required by law to be
published in a newspaper will be deemed sufficient if published in the
form and for the duration required by law in such legal section of a
newspaper's website.

Section 2: "This act shall take effect immediately".

JUSTIFICATION: Currently, New York law requires the publication of
public notices in either daily or weekly newspapers. The law defines
newspapers as printed matter, As society increasingly focuses on
technological delivery of news, many daily newspapers have reduced the
number of editions printed each week, correspondingly expanding
content available online only For example, the Post-Standard in
Syracuse shifted to a three day per week home delivery schedule in
February 2013. In addition, the Oneida Dispatch, Niagara Gazette,
Lockport Union-Sun & Journal, and Tonawanda News announced reductions
in print schedules. Therefore, it is necessary to change the law to
keep up with changes in the industry to enable those required to
publish legal notices, including municipalities, within a certain
timeframe the ability to do so.

The legislation would enable public notices to be published on a
newspaper's website in addition to its printed edition, preserving the
systems put into place by the newspapers while recognizing a shift in
content delivery. Public notices would remain easily accessible to the
general public.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5156

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the general construction law, in relation to the meaning
  of the term "newspaper" for the purposes of publishing certain notices
  required by law

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

  Section  1.  Subdivision  c  of section 60 of the general construction
law, as added by chapter 767 of the laws of 2005, is amended to read  as
follows:
  c.  The  term "newspaper of a county, city, town or village" when used
in a statute shall mean a newspaper published,  circulated,  printed  or
distributed  in  the county, city, town or village.  NOTWITHSTANDING ANY
LAW TO THE CONTRARY, IN ANY CASE IN WHICH NOTICE OF ANY FACT IS REQUIRED
BY LAW TO BE PUBLISHED BY OR ADVERTISED IN A NEWSPAPER, THE TERM  "NEWS-
PAPER  OF A COUNTY, CITY, TOWN OR VILLAGE" SHALL INCLUDE, IN ADDITION TO
ITS PHYSICAL PUBLICATION, ANY LEGAL NOTICE SECTION  MAINTAINED  BY  SUCH
NEWSPAPER  OR  BY  ONE  OF ITS CORPORATE SUBSIDIARIES ON THE NEWSPAPER'S
WEBSITE. NOTICE OF ANY FACT REQUIRED BY LAW TO BE PUBLISHED IN A NEWSPA-
PER WILL BE DEEMED SUFFICIENT IF PUBLISHED IN THE FORM AND FOR THE DURA-
TION REQUIRED BY LAW IN SUCH  LEGAL  NOTICE  SECTION  OF  A  NEWSPAPER'S
WEBSITE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10483-02-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.