Bill Text: NY S00251 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits school districts from entering into telecommunications contracts as delineated herein which grant exclusive rights or deals with exclusive advertising rights.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S00251 Detail]

Download: New_York-2011-S00251-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          251
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (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:
    1    Section 1. The education law is amended by adding a new section 2040-b
    2  to read as follows:
    3    S 2040-B. PROHIBITED CONTRACTS.  1.  FOR  PURPOSES  OF  THIS  SECTION,
    4  "TELECOMMUNICATIONS" MEANS THE ELECTRONIC MOVEMENT OF INFORMATION IN ANY
    5  FORM  INCLUDING  THE  ELECTRONIC MOVEMENT OF INFORMATION BY CABLE, FIBER
    6  OPTICS, INSTRUCTIONAL TELEVISION FIXED SERVICE, MICROWAVE, RADIO, SATEL-
    7  LITE, COMPUTER, TELEPHONE OR TELEVISION.
    8    2. NO SCHOOL BOARD SHALL DO ANY OF THE FOLLOWING:
    9    (A) ENTER INTO A CONTRACT THAT GRANTS EXCLUSIVE ADVERTISING RIGHTS  TO
   10  A PERSON;
   11    (B)  ENTER  INTO  A CONTRACT THAT PROHIBITS THE SCHOOL BOARD, A SCHOOL
   12  BOARD MEMBER, A SCHOOL DISTRICT EMPLOYEE OR A PUPIL FROM DISPARAGING THE
   13  GOODS OR SERVICES OF THE PERSON CONTRACTING WITH THE SCHOOL BOARD; OR
   14    (C) ENTER INTO A CONTRACT FOR TELECOMMUNICATIONS GOODS OR SERVICES  IF
   15  THE  CONTRACT  REQUIRES THE DISSEMINATION OF ADVERTISING TO PUPILS OR IF
   16  THE GOODS OR SERVICES ARE PROVIDED TO THE SCHOOL  DISTRICT  AT  A  PRICE
   17  BELOW  MARKET VALUE WITH THE EXPECTATION THAT THE GOODS OR SERVICES WILL
   18  BE USED TO DISSEMINATE ADVERTISING TO PUPILS.
   19    S 2. This act  shall  take  effect  immediately  and  shall  apply  to
   20  contracts  entered into, modified, extended or renewed on and after such
   21  date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01413-01-1