S4085-2013 - NY Senate Open Legislation - Relates to procedures for the passage of local laws

Relates to procedures for the passage of local laws.

Sponsor: LANZA
Law Section: Municipal Home Rule Law / Law: Amd S20, Munic Home R L; amd S36, NYC Chart

S4085-2013 Actions

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

S4085-2013 Meetings

Local Government: Mar 19, 2013

S4085-2013 Calendars

S4085-2013 Votes

VOTE: COMMITTEE VOTE: - Local Government - Mar 19, 2013

Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien

S4085-2013 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.

S4085-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4085
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01516-01-3
        S. 4085                             2
 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.

S4085-2013: Relates to procedures for the passage of local laws