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.
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.
STATE OF NEW YORK ________________________________________________________________________ 6285--A Cal. No. 958 IN 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