S T A T E O F N E W Y O R K
________________________________________________________________________
7541
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. GALEF, LATIMER, AUBRY, CLARK, HOYT, KOLB, ALFANO,
SPANO, JAFFEE, BARRA, BALL -- Multi-Sponsored by -- M. of A. BARCLAY,
PAULIN, THIELE -- read once and referred to the Committee on Local
Governments
AN ACT to amend the county law, in relation to allowing official publi-
cations to be posted by electronic means
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 214 of the county law, as amended by chapter 685 of
the laws of 1951 and subdivisions 1 and 2 as amended by chapter 967 of
the laws of 1973, is amended to read as follows:
S 214. Designation of newspapers; official publications. 1. Concur-
rent resolutions, election notices and official canvass. The members of
the county legislative body, whether such body be denominated board of
supervisors, county legislature or otherwise, or, in the city of New
York, of the council of such city representing respectively each of the
two principal political parties into which the people of the state are
divided, shall designate annually the newspaper published within the
county to publish the concurrent resolutions of the legislature. Such
designation shall be in writing and signed by a majority of the members
representing each of said political parties. In making such designation,
consideration shall be given to the NEWSPAPERS PUBLISHED BY ELECTRONIC
MEANS AND TO newspapers advocating the principles of such political
party, the support of its nominees and the extent of the circulation in
the county. However the fact that a newspaper is an independent newspa-
per not advocating the principles of any political party shall not
disqualify it from consideration. If there be but one newspaper
published in the county, such newspaper shall be designated. The desig-
nation shall be filed with the clerk of the county legislative body or,
in the city of New York, with the clerk of the council of such city, who
shall not later than January tenth cause notice of the name and address
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10603-01-9
A. 7541 2
of such newspaper or newspapers to be forwarded to the secretary of
state. In like manner the members of the county legislative body or, in
the city of New York, of the council of such city representing each of
the two principal political parties into which the people of the state
are divided, shall designate the newspaper OR ELECTRONICALLY TRANSMITTED
NEWSPAPER published within the county to publish the election notices
issued by the secretary of state and the newspaper OR ELECTRONICALLY
TRANSMITTED NEWSPAPER to publish the official canvass. In the event of a
failure so to designate in any year, or if either of such political
parties has no representatives among the body or, in the city of New
York, council membership, the last newspaper designated by the members
of such party shall be deemed duly designated.
2. Local laws and notices. The board of supervisors shall annually
designate at least two newspapers published within the county as offi-
cial newspapers for the publication of all local laws, notices and other
matters required by law to be published. In such designations consider-
ation shall be given to those NEWSPAPERS PUBLISHED BY ELECTRONIC MEANS
AND TO newspapers advocating the principles of the two major political
parties into which the people of the state are divided and their general
circulation throughout the county. However the fact that a newspaper is
an independent newspaper and not advocating the principles of any poli-
tical party shall not disqualify it from consideration. If there be but
one newspaper having circulation in the county, that newspaper shall be
designated. Except as otherwise provided by law, the clerk of the board
shall cause a true copy of each local law to be published in such offi-
cial newspapers at least once a week for two successive weeks, the first
publication of which shall be had within ten days after such local law
has become effective; provided, however, that any local law which is
subject to a permissive referendum shall be published in such official
newspapers at least once a week for two successive weeks, the first
publication of which shall be had within ten days after such local law
is adopted. Legalizing acts shall be published as provided in section
two hundred twenty-seven OF THIS ARTICLE. Nothing herein shall be deemed
to prevent the designation of additional newspapers, INCLUDING THE
DESIGNATION OF AN ELECTRONICALLY TRANSMITTED NEWSPAPER, for any publica-
tion and such designation shall be deemed [an] THE official newspaper
for the particular publication.
3. Erie county. The provisions herein requiring the designation of
official newspapers for the publication of election notices and official
canvass shall not apply to the county of Erie.
4. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELECTRONIC MEANS" AND
"ELECTRONICALLY TRANSMITTED" SHALL MEAN THE RECORDING, COPYING AND
TRANSFER OF DATA BY MEANS OF A COMPUTER DIRECTLY OVER THE INTERNET.
S 2. This act shall take effect immediately.