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