Bill S5156-2013

Relates to the meaning of the term "newspaper" for purposes of publishing certain notices required by law

Relates to the meaning of the term "newspaper" for purposes of publishing certain notices required by law.

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  • Jan 8, 2014: REFERRED TO JUDICIARY
  • May 13, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S5156

TITLE OF BILL: An act to amend the general construction law, in relation to the meaning of the term "newspaper" for the purposes of publishing certain notices required by law

PURPOSE OR GENERAL IDEA OF BILL: To provide newspapers with the option of publishing legal notices on a newspaper's website

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amend General Construction Law § 60 to further define "newspaper" in any case in which notice of any fact is required by law to be published by or advertised in a newspaper Specifically, the term "newspaper" is further defined as any legal notice section maintained by such newspaper or by one of its corporate subsidiaries on the newspaper's website. Notice of any fact required by law to be published in a newspaper will be deemed sufficient if published in the form and for the duration required by law in such legal section of a newspaper's website.

Section 2: "This act shall take effect immediately".

JUSTIFICATION: Currently, New York law requires the publication of public notices in either daily or weekly newspapers. The law defines newspapers as printed matter, As society increasingly focuses on technological delivery of news, many daily newspapers have reduced the number of editions printed each week, correspondingly expanding content available online only For example, the Post-Standard in Syracuse shifted to a three day per week home delivery schedule in February 2013. In addition, the Oneida Dispatch, Niagara Gazette, Lockport Union-Sun & Journal, and Tonawanda News announced reductions in print schedules. Therefore, it is necessary to change the law to keep up with changes in the industry to enable those required to publish legal notices, including municipalities, within a certain timeframe the ability to do so.

The legislation would enable public notices to be published on a newspaper's website in addition to its printed edition, preserving the systems put into place by the newspapers while recognizing a shift in content delivery. Public notices would remain easily accessible to the general public.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5156 2013-2014 Regular Sessions IN SENATE May 13, 2013 ___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general construction law, in relation to the meaning of the term "newspaper" for the purposes of publishing certain notices required by law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision c of section 60 of the general construction law, as added by chapter 767 of the laws of 2005, is amended to read as follows: c. The term "newspaper of a county, city, town or village" when used in a statute shall mean a newspaper published, circulated, printed or distributed in the county, city, town or village. NOTWITHSTANDING ANY LAW TO THE CONTRARY, IN ANY CASE IN WHICH NOTICE OF ANY FACT IS REQUIRED BY LAW TO BE PUBLISHED BY OR ADVERTISED IN A NEWSPAPER, THE TERM "NEWS- PAPER OF A COUNTY, CITY, TOWN OR VILLAGE" SHALL INCLUDE, IN ADDITION TO ITS PHYSICAL PUBLICATION, ANY LEGAL NOTICE SECTION MAINTAINED BY SUCH NEWSPAPER OR BY ONE OF ITS CORPORATE SUBSIDIARIES ON THE NEWSPAPER'S WEBSITE. NOTICE OF ANY FACT REQUIRED BY LAW TO BE PUBLISHED IN A NEWSPA- PER WILL BE DEEMED SUFFICIENT IF PUBLISHED IN THE FORM AND FOR THE DURA- TION REQUIRED BY LAW IN SUCH LEGAL NOTICE SECTION OF A NEWSPAPER'S WEBSITE. S 2. This act shall take effect immediately.

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