The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4920
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
   tee 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.
   § 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
 generally  without consideration being paid therefor shall not be deemed
 to be a "newspaper" for the purpose of publication or  advertisement  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09042-01-1

 A. 4920                             2
 
 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.
   § 3. This act shall take effect immediately.