Assembly Bill A3558A

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

                                 3558--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. STEC, WALTER, GRAF, DUPREY, FINCH -- Multi-Spon-
  sored by -- M.  of A. CORWIN -- read once and referred to the  Commit-
  tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

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, FOR A MINIMUM FORTY-EIGHT WEEK
PER YEAR BASIS and has been so for at least one year immediately preced-
ing 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 publication which is distributed
or made available primarily  for  advertising  purposes  to  the  public

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06416-02-5
              

A. 3558--A                          2

generally  without consideration being paid therefor shall not be deemed
to be a "newspaper" for the purpose of publication 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.