Prohibits school districts from entering into telecommunications contracts as delineated herein which grant exclusive rights or deals with exclusive advertising rights.
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.
STATE OF NEW YORK ________________________________________________________________________ 251 2011-2012 Regular Sessions IN 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