senate Bill S4085

Relates to procedures for the passage of local laws

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

Relates to procedures for the passage of local laws.

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Bill Details

See Assembly Version of this Bill:
A472
Versions:
S4085
Legislative Cycle:
2013-2014
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd §20, Munic Home R L; amd §36, NYC Chart
Versions Introduced in 2011-2012 Legislative Cycle:
S5544A, A10600

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4085

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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.

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