Requires the secretary of state to publish local laws on the department of state website and as a supplement to the session laws.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Marchione
Excused (2): Perkins, Ranzenhofer
TITLE OF BILL: An act to amend the municipal home rule law, in relation to enhancing the current system of local law publication; and to repeal subdivision 5 of section 27 of such law relating to local law publication
PURPOSE: This bill would require the Secretary of State to publish local laws and codes enacted by counties on the Department of State's official website free-of-charge.
SUMMARY OF PROVISIONS:
Section 1 of the bill would repeal the current Subdivision 5 of Section 27 of the Municipal Home Rule Law and add a new Subdivision 5 to Section 27. The current Subdivision 5 requires the Secretary of State to publish all local laws enacted by all counties in the state in a bound volume. The new Subdivision 5 would add a requirement that these local laws also be published on the Department of State website as individual local laws and in the form of a complete codification of all such local laws. Counties are already required under Subdivision 1 of the existing 27 to provide their local laws to the Secretary of State within 20 days of enactment. The new Subdivision 5 enables the Secretary of State to specify the format and manner counties shall provide the laws, to facilitate the new publication requirement.
Section 2 of the bill specifies the effective date.
JUSTIFICATION: Residents, businesses, visitors, researchers, students, advocates, and many others have an interest in knowing what laws might apply in different parts of the State. In part for this reason, counties are required by current law to submit their laws to the Secretary of State and the Secretary of State is, in turn, required to publish the local laws annually, in a bound volume. This legislation would adapt these publication requirements to increase access to these laws and to take advantage of the efficiency of the internet as a means of distributing information.
LEGISLATIVE HISTORY: 2011-12: S.1092/A.3692 - Referred to Local Government 2009-10: S.4289A/A.441A - Referred to Local Government 2008-09: S.4249/A.11403 - Referred to Local Government.
FISCAL IMPACT ON THE STATE: Minimal.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2636 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sens. PARKER, KLEIN, MONTGOMERY, PERKINS, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the municipal home rule law, in relation to enhancing the current system of local law publication; and to repeal subdivision 5 of section 27 of such law relating to local law publication THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 27 of the municipal home rule law is REPEALED and a new subdivision 5 is added to read as follows: 5. THE SECRETARY OF STATE SHALL PUBLISH ANNUALLY LOCAL LAWS ON THE DEPARTMENT OF STATE WEBSITE AND IN A SEPARATE VOLUME AS A SUPPLEMENT TO THE SESSION LAWS, AND SHALL PUBLISH AT LEAST ANNUALLY ON THE DEPARTMENT OF STATE WEBSITE A COMPLETE CODIFICATION OF ALL LOCAL LAWS IN EFFECT THAT HAVE BEEN ADOPTED BY THE LEGISLATIVE BODY OF EACH COUNTY. THE CLERK, OR OTHER OFFICER DESIGNATED BY THE LEGISLATIVE BODY OF EACH COUN- TY, SHALL PROVIDE LOCAL LAWS TO THE SECRETARY OF STATE IN A MANNER SPEC- IFIED BY THE SECRETARY OF STATE TO FACILITATE THE PUBLICATION REQUIRE- MENTS OF THIS SUBDIVISION. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02198-01-3