Bill S4085-2013

Relates to procedures for the passage of local laws

Relates to procedures for the passage of local laws.

Details

Actions

  • Jun 21, 2013: SUBSTITUTED BY A472
  • Mar 21, 2013: ADVANCED TO THIRD READING
  • Mar 20, 2013: 2ND REPORT CAL.
  • Mar 19, 2013: 1ST REPORT CAL.240
  • Mar 7, 2013: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Mar 19, 2013
Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien

Memo

BILL NUMBER:S4085

TITLE OF BILL: An act to amend the municipal home rule law and the New York city charter, in relation to procedures for the passage of local laws

PURPOSE: Relates to procedures for the passage of local laws.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision four of section twenty of municipal home rule law, as amended by chapter 45 of the laws of 1974.

Section two of the bill amends section thirty-six of the New York city charter, as amended by a vote of the people of the city of New York at the general election held in November 1975 and as renumbered by a vote of the people of the city of New York at the general election held in November 1989.

Section three is the effective date.

This legislation provides that a proposed local law would be deemed to be upon the desks or tables of the members of a legislative body if:

o it is set forth in a legible electronic format by electronic means; and

o is available for review in such format at the desks of the members.

This bill would define "electronic means" to mean any method of transmission of information between computers or other machines designed for the purposes of sending and receiving such transmissions, allows the recipient to reproduce the information transmitted in a tangible medium of expression and does not permit additions, deletions or other changes to be made without leaving an adequate record.

JUSTIFICATION: This legislation would allow local governments to keep pace with technology, reduce paper and provides local governments a cost saving measure. This legislation is consistent with a Constitutional amendment passed by the Legislature in 2011 related to bills before the state Legislature.

PRIOR LEGISLATIVE HISTORY: This is new legislation

FISCAL IMPLICATIONS: None to the state; potential savings to local governments.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4085 2013-2014 Regular Sessions IN SENATE March 7, 2013 ___________
Introduced by Sen. LANZA -- 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 and the New York city char- ter, in relation to procedures for the passage of local laws 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] TABLES 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, 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 in the case of a town shall have certified as to the necessi- ty for its immediate passage and such local law be passed by the affir- mative vote of two-thirds of the total voting power of the legislative body. FOR PURPOSES OF THIS SUBDIVISION, A PROPOSED LOCAL LAW SHALL BE DEEMED TO BE UPON THE DESKS OR TABLES OF THE MEMBERS IF: IT IS SET FORTH IN A LEGIBLE ELECTRONIC FORMAT BY ELECTRONIC MEANS, AND IT IS AVAILABLE FOR REVIEW IN SUCH FORMAT AT THE DESKS OF THE MEMBERS. FOR PURPOSES OF THIS SUBDIVISION "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF
INFORMATION BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF SENDING AND RECEIVING SUCH TRANSMISSIONS AND WHICH: ALLOWS THE RECIP- IENT TO REPRODUCE THE INFORMATION TRANSMITTED IN A TANGIBLE MEDIUM OF EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF. S 2. Section 36 of the New York city charter, as amended by a vote of the people of the city of New York at the general election held in November 1975 and as renumbered by a vote of the people of the city of New York at the general election held in November 1989, is amended to read as follows: S 36. Local laws; passage. No local law shall be passed until it shall have been in its final form and upon the desks of the council members at least seven calendar days, exclusive of Sundays, prior to its final passage, unless the mayor shall have certified as to the necessity for its immediate passage and such local law be passed by the affirma- tive vote of two-thirds of all the council members. FOR PURPOSES OF THIS SECTION, A LOCAL LAW SHALL BE DEEMED TO BE UPON THE DESKS OF THE COUNCIL MEMBERS IF: IT IS SET FORTH IN A LEGIBLE ELEC- TRONIC FORMAT BY ELECTRONIC MEANS, AND IT IS AVAILABLE FOR REVIEW IN SUCH FORMAT AT THE DESKS OF THE MEMBERS. FOR PURPOSES OF THIS SECTION "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF SENDING AND RECEIVING SUCH TRANSMISSIONS AND WHICH: ALLOWS THE RECIPIENT TO REPRODUCE THE INFORMATION TRANSMITTED IN A TANGIBLE MEDIUM OF EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF. S 3. This act shall take effect immediately.

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