S T A T E   O F   N E W   Y O R K
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                                  5444

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced by M. of A. GIGLIO, McLAUGHLIN, RAIA -- Multi-Sponsored by --
  M.  of  A. CERETTO, STEC -- read once and referred to the Committee on
  Local Governments

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  426 of the laws of 2013, 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 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, 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  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06035-01-5
              

A. 5444                             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.
  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. This act shall take effect immediately.