S T A T E O F N E W Y O R K
________________________________________________________________________
4733
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to prohibiting state
entities from publishing or broadcasting certain advertisements while
negotiations are still in progress
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 163-b
to read as follows:
§ 163-B. CONTRACT NEGOTIATION ADVERTISING. 1. NO AGENCY OR STATE ENTI-
TY SHALL PUBLISH OR BROADCAST AN ADVERTISEMENT IN ANY MEDIA REGARDING
CONTRACT NEGOTIATIONS WHICH ARE STILL IN PROGRESS AT THE TIME OF PUBLI-
CATION OR BROADCAST; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO PROHIBIT A STATE ENTITY FROM PUBLISHING AN ADVER-
TISEMENT PROVIDING THE PUBLIC WITH INFORMATION ABOUT THE POSSIBILITY OF
A PENDING STRIKE AND ADVISING THE PUBLIC ON HOW SUCH STRIKE MAY DISRUPT
SERVICES.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ADVERTISEMENT" MEANS THE PUBLICATIONS, DISSEMINATION, CIRCU-
LATION, OR PLACING BEFORE THE PUBLIC, OR CAUSING DIRECTLY OR INDIRECTLY
TO BE MADE, PUBLISHED, DISSEMINATED, OR PLACED BEFORE THE PUBLIC, ANY
ANNOUNCEMENT OR STATEMENT IN A NEWSPAPER, MAGAZINE, OR OTHER PUBLICA-
TION, OR IN THE FORM OF A BOOK, NOTICE, CIRCULAR, PAMPHLET, LETTER,
HAND-BILL, POSTER, BILL, SIGN, PLACARD, CARD, LABEL, TAG, OR BY RADIO OR
TELEVISION OR ANY OTHER MEANS.
(B) "STATE ENTITY" SHALL MEAN ANY STATE BOARD, BUREAU, DIVISION,
COMMITTEE, COMMISSION, COUNCIL, DEPARTMENT, PUBLIC AUTHORITY, PUBLIC
BENEFIT CORPORATION, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A
GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OF NEW YORK.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.