Authorizes local governments to deliver proposed local laws to members of their legislative bodies by means of e-mail.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, 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, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Sampson
Excused (2): Diaz, Peralta
TITLE OF BILL: An act to amend the municipal home rule law, in relation to authorizing the electronic transmission of proposed local laws to members of a local legislative body
PURPOSE OR GENERAL IDEA OF BILL: Authorizes local governments to deliver proposed local laws to members of their legislative bodies by means of email.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Outlines the methods in which proposed local laws shall be introduced to members of a local legislative body. Includes email of the proposed local law in Portable Document Format (PDF) as an acceptable method of notice of introduction to other members of the local legislative body, which is required for passage. Outlines roles that must be followed in order for email to be acceptable.
Section 2. States that the act shall take effect immediately.
JUSTIFICATION: In today's world, email and the internet in general have become a primary means of communication and correspondence between billions of people around the world. New York State Municipal Home Rule Law Article 3, Section 20, Subsection 4 says that the only option of delivery of a proposed local law are "on the desks of it members" or "by mail to the members' mailing addresses."
This legislation would allow the use of email as a means of delivery of a proposed local law in its final form to the members of a local legislative body. It is important to note that this would add to the allowable options currently outlined in NYS Municipal Home Rule Law. This legislation would not remove any current options.
With a vast majority of people having computers and internet access in their homes, it is only appropriate that email become a utilized form of communication and delivery of proposed local laws.
PRIOR LEGISLATIVE HISTORY: 2011,2012: S,800/A.1741 Passed Senate 2009,2010; S.4677/A.7469 Referred to Local Government 2008: S.7669/A.10601 Passed Senate
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This Act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3081 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________Introduced by Sens. YOUNG, BONACIC, DeFRANCISCO, GALLIVAN, MARTINS, O'MARA, RANZENHOFER, RITCHIE -- 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 authorizing the electronic transmission of proposed local laws to members of a local legislative body THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 20 of the municipal home rule law, as amended by chapter 45 of the laws of 1974, is amended to read as follows: 4. A proposed local law may be introduced only by a member of the legislative body at a meeting of such body or as may be otherwise prescribed by the rules of procedure adopted by the legislative body. No such local law shall be passed until it shall have been in its final form and either (a) upon the desks or table of the members at least seven calendar days, exclusive of Sunday, prior to its final passage, or (b) mailed to each of them in postpaid properly addressed and securely closed envelopes or wrappers in a post box or post office of the United States post office department within the local government at least ten calendar days, exclusive of Sunday, prior to its final passage, OR (C) E-MAILED TO THE E-MAIL IN-BOX OF EACH OF THEM IN THE PORTABLE DOCUMENT FORMAT (PDF) AT LEAST TEN CALENDAR DAYS, EXCLUSIVE OF SUNDAY, PRIOR TO ITS FINAL PASSAGE, PROVIDED THAT (I) THE LOCAL GOVERNMENT HAS DOCUMENTED THAT EACH MEMBER OF THE LEGISLATIVE BODY HAS AN E-MAIL ADDRESS, (II) THE LOCAL GOVERNMENT HAS PUBLISHED SUCH E-MAIL ADDRESS ON THE BULLETIN BOARD OF THE LOCAL GOVERNMENT CLERK, AND (III) THE LEGISLATIVE BODY HAS ADOPTED A RESOLUTION AUTHORIZING SUCH ELECTRONIC DELIVERY; unless the elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors, in the case of a county, the mayor in the case of a city or village or the supervisor inEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06882-01-3 S. 3081 2
the case of a town shall have certified as to the necessity for its immediate passage and such local law be passed by the affirmative vote of two-thirds of the total voting power of the legislative body. S 2. This act shall take effect immediately.