S4433-2011 Actions

• Jan 4, 2012: REFERRED TO JUDICIARY
• Apr 5, 2011: REFERRED TO JUDICIARY

S4433-2011 Memo

BILL NUMBER:S4433

TITLE OF BILL:
An act
to amend the general construction law, in relation to allowing for
online publication of public notices

PURPOSE OR GENERAL IDEA OF BILL:
Allows for online publication of public notices.

SUMMARY OF SPECIFIC PROVISIONS:
Subject to the provisions of
subdivision two of this section and notwithstanding any provisions of
law to the contrary, in any case in which notice of any fact is
required by law to be published or advertised in a newspaper, -such
requirement, in addition such requirement shall be satisfied by
publication of the notice in an online news publication.

JUSTIFICATION:
Currently New York law requires the publication of
public notices in either daily or weekly newspapers. The law appears
to define newspapers as printed matter. Online Publication of public
notices would allow for public notices to be searched through a
web site's search function or through a public search engine.
Moreover, it would lead to faster publication cycles, and a wider
dissemination of notices. Lastly, it may lower the cost to
individuals and government, by decreasing the needs for paper,
printing, and revenue support for inefficient legacy business.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S4433-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4433
 2011-2012 Regular Sessions
 I N  SENATE
 April 5, 2011
 
 Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary
 

AN ACT to amend the general construction law, in  relation  to  allowing
 for online publication of public notices
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general construction law is amended  by  adding  a  new
 section 40-a to read as follows:

 

S  40-A. PUBLIC NOTICES AND PUBLICATIONS. 1. SUBJECT TO THE PROVISIONS
 OF SUBDIVISION TWO OF THIS SECTION AND NOTWITHSTANDING ANY PROVISION  OF
 LAW TO THE CONTRARY, IN ANY CASE IN WHICH NOTICE OF ANY FACT IS REQUIRED
 BY  LAW  TO  BE PUBLISHED OR ADVERTISED IN A NEWSPAPER, IN ADDITION SUCH
 REQUIREMENT SHALL BE SATISFIED BY PUBLICATION OF THE NOTICE IN AN ONLINE
 NEWS PUBLICATION THAT:

 A. PROVIDES GENERAL INTEREST NEWS  ON  A  DAILY  BASIS  TO  A  DEFINED
 GEOGRAPHIC LOCATION; AND
 B.  HAS BEEN CONTINUOUSLY PUBLISHED FOR AT LEAST ONE YEAR PRIOR TO THE
 DATE OF PUBLICATION OF THE NOTICE.
 2. ANY PUBLICATION MADE PURSUANT TO THE TERMS OF THIS SECTION SHALL BE
 SUBJECT TO ALL REQUIREMENTS AND STIPULATIONS OF PUBLICATION  IMPOSED  BY
 LAW  OR BY ORDER OF A COURT OF COMPETENT JURISDICTION WITH REGARD TO THE
 NOTICE WITH THE EXCEPTION OF A REQUIREMENT THAT THE NOTICE BE  PUBLISHED
 IN A NEWSPAPER.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09096-02-1

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