S251-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 5, 2011: REFERRED TO EDUCATION

S251-2011 Memo

BILL NUMBER:S251

TITLE OF BILL:
An act
to amend the education law, in relation to prohibiting certain
telecommunications contracts

PURPOSE:
To prohibit school boards from entering into a contract granting
exclusive advertising rights to any person; or entering into a
contract that prohibits the board, a member thereof, a district
employee or a student from disparaging the goods or services of the
person contracting with the school board; or entering into a contract
for telecommunications goods or services that are provided to the
district at a price below market value with the expectation that the
goods or services will be used to disseminate advertising to students.

SUMMARY OF PROVISIONS:
This legislation would prohibit school districts from entering into
contracts which require that various forms of advertising be
disseminated to students.

JUSTIFICATION:
Increasingly, schools and school districts around the State are
turning to contracts with private enterprise to help fund their
educational or athletic programs. In return for their donations,
companies are granted access to students either for the purpose of
advertising their products or actually selling their products to
students, sometimes on an exclusive basis. Children are subject to a
constant barrage of advertising, even before they are old enough to
enter school, on television, radio, videos and over the Internet.
Schools should be the one safe haven where they are presented with
factual information, free from the pressures of commercial advertising.

PRIOR LEGISLATIVE HISTORY:
2000-2010: Referred to and Died in Senate Education Committee

FISCAL IMPLICATIONS:
None to state; some loss of revenue to local school districts.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to contracts
entered into, modified, extended or renewed on and after such date.

S251-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          251
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 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.
 LBD01413-01-1

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