Prohibits a state agency from entering into contracts for advertising mailings for products and services of entities which relate directly to the authority of such agency.

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S6285A-2011 Actions

• Jun 18, 2012: SUBSTITUTED BY A9034B
• Jun 11, 2012: AMENDED ON THIRD READING 6285A
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 30, 2012: 1ST REPORT CAL.958
• Jan 20, 2012: REFERRED TO FINANCE

S6285A-2011 Calendars

Active List: Jun 18, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012

S6285A-2011 Votes

S6285A-2011 Memo

BILL NUMBER:S6285A

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

PURPOSE:
Prohibits state agency from entering into contracts for advertising
mailings for products and services of entities which relate directly
to the authority of such agency.

SUMMARY OF PROVISIONS:
Section one amends the executive law by adding a new section 32-a.

Section two is the effective date.

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.

Advertisements that promote programs, facilities or operations of any
state agency would not be limited under this bill, allowing the State
to continue to promote its many important initiatives.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to an contracts
entered into on or after such effective date.

S6285A-2011 Text

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

                                   6285--A
      Cal. No. 958

                              I N  SENATE

                              January 20, 2012
                                 ___________

  Introduced  by  Sens.  LANZA,  GOLDEN, MARTINS -- read twice and ordered
    printed, and when printed to be committed to the Committee on  Finance
    -- reported favorably from said committee, ordered to first and second
    report,  ordered  to  a  third reading, amended and ordered reprinted,
    retaining its place in the order of third reading

  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  32-a
  to read as follows:

    S  32-A.  CONTRACTS  TO  DISSEMINATE ADVERTISING MATERIALS. 1.   DEFI-
  NITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS  FOR  THE
  PURPOSES OF THIS SECTION:

    (A)  "STATE AGENCY" SHALL MEAN AN AGENCY AS DEFINED BY SUBDIVISION ONE
  OF SECTION THIRTY-FIVE OF THIS CHAPTER.
    (B) "MAILINGS" SHALL MEAN ANY MAIL CLASSIFIED  BY  THE  UNITED  STATES
  POSTAL SERVICE AS FIRST CLASS MAIL.
    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, ADVERTISING MATERIALS TO  THE  PUBLIC  RELATING  TO  A
  PRODUCT  OR  SERVICE,  SUCH  CONTRACT SHALL EXCLUDE THE ADVERTISEMENT OF
  PRODUCTS OR SERVICES OF ENTITIES THAT ARE NOT DEFINED AS STATE  AGENCIES
  WHICH RELATE DIRECTLY TO THE AUTHORITY, MISSION OR SUBJECT MATTER OF THE
  STATE  AGENCY.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO PREVENT
  STATE AGENCIES FROM ENTERING INTO  AGREEMENTS  THAT  ARE  NOT  OTHERWISE
  PROHIBITED  BY  THIS SECTION WITH ENTITIES THAT ARE NOT DEFINED AS STATE
  AGENCIES OR ADVERTISING THEIR OWN PROGRAMS, FACILITIES, OR OPERATIONS.
    S 2. This act shall take effect immediately and  shall  apply  to  all
  contracts entered into on or after such effective date.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14033-05-2