Requires state agencies who contract to disseminate advertising material to exclude material which relates to the agency's mission; defines the term "state agency".

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S3335-2011 Actions

• Jun 14, 2011: SUBSTITUTED BY A3320
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1217
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 17, 2011: REFERRED TO FINANCE

S3335-2011 Meetings

Rules: Jun 17, 2011, Rules: Jun 24, 2011

S3335-2011 Calendars

Active List: Jun 15, 2011 , Floor Calendar: Jun 14, 2011

S3335-2011 Votes

S3335-2011 Memo

BILL NUMBER:S3335

TITLE OF BILL:
An act
to amend the executive law, in relation to contracts to disseminate
certain advertising materials

PURPOSE:
To prohibit state agencies, when entering into a contract 10
disseminate advertising materials to the public, from disseminating
materials which relate, directly or indirectly, 10 the authority,
mission, or subject matter of the state agency.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the executive law by adding a new section 33, to
provide that when a state agency enters into a contract to
disseminate advertising materials to the public relating to a product
or service, such contract shall exclude the advertisement of products
or services which relate, to the authority, mission, or subject
matter of the state agency.

JUSTIFICATION:
State agencies occasionally contract to permit the inclusion of
advertising materials in mailings from the agency to the public. For
example, the Department of Motor Vehicles permits the inclusion of
advertisements for auto insurance companies in mailings relating to
motor vehicle registration renewals.

The inclusion of advertising materials which closely relate to the
regulatory authority of a state agency suggests the tacit endorsement
of the state for the provider of a product or service. This effect is
compounded when the product or service is required in order to comply
with state law or regulation enforced by the agency-for example,
proof of maintaining mandatory financial responsibility requirements
as enforced by the Department of Motor Vehicles.

By allowing contracts to be negotiated with providers of such products
or services, the stale agency unavoidably creates the perception of
favoritism toward one competitor to the disadvantage of other
competing providers.

LEGISLATIVE HISTORY:
2010: S.7256 - Referred to Finance / A.10322 - Passed Assembly.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3335-2011 Text

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

                                    3335

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 17, 2011
                                 ___________

  Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Finance

  AN ACT to amend the executive law, in relation to contracts  to  dissem-
    inate certain advertising materials

    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 33  to
  read as follows:

    S  33.  CONTRACTS  TO  DISSEMINATE  ADVERTISING  MATERIALS. 1. FOR THE
  PURPOSES OF THIS SECTION, "STATE AGENCY" SHALL MEAN  ANY  STATE  DEPART-
  MENT,  BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY,
  PUBLIC BENEFIT CORPORATION, COUNCIL, OFFICE, OR OTHER GOVERNMENTAL ENTI-
  TY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE.
    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  WHEN  A  STATE  AGENCY
  ENTERS INTO A CONTRACT DIRECTLY OR THROUGH A THIRD PARTY TO DISSEMINATE,
  THROUGH  MAILINGS  OR  OTHERWISE,  ADVERTISING  MATERIALS  TO THE PUBLIC
  RELATING TO A PRODUCT OR SERVICE, SUCH CONTRACT SHALL EXCLUDE THE ADVER-
  TISEMENT OF PRODUCTS OR SERVICES WHICH RELATE, DIRECTLY  OR  INDIRECTLY,
  TO THE AUTHORITY, MISSION, OR SUBJECT MATTER OF THE STATE AGENCY.
    S  2.  This  act  shall take effect immediately and shall apply to all
  contracts entered into on and after such effective date.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08251-01-1