NY State Senate Bill 2011-S5544

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2012	print number 5544a
Jun 08, 2012	amend (t) and recommit to local government
Jan 04, 2012	referred to local government
Jun 01, 2011	referred to local government

Bill Amendments

Original

A (Active)

2011-S5544 - Details

Current Committee:: Senate Local Government
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §20, Munic Home R L; amd §36, NYS Chart
Versions Introduced in 2013-2014 Legislative Session:: S4085

2011-S5544 - Summary

Relates to procedures for the passage of local laws.

2011-S5544 - Sponsor Memo

2011-S5544 - Bill Text download pdf

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

    S. 5544                                                  A. 8083

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 1, 2011
                               ___________

IN SENATE -- Introduced by Sen. LANZA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

IN  ASSEMBLY  -- Introduced by M. of A. MALLIOTAKIS, TEDISCO, STEVENSON,
  OAKS, BARCLAY, FINCH, MOLINARO, CALHOUN, CASTELLI, BURLING  --  Multi-
  Sponsored  by  --  M.  of  A.  CERETTO, CROUCH, HAWLEY, JOHNS, MURRAY,
  P. RIVERA, THIELE -- read once and referred to the Committee on  Local
  Governments

AN  ACT to amend the municipal home rule law and the New York city char-
  ter, in relation to allowing electronic display  of  bills  for  local
  legislative bodies

  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 of the members, OR DISPLAYED
ELECTRONICALLY  UPON  THE  DESKS  OF  THE MEMBERS, OR DELIVERED TO EVERY
MEMBER OF THE LEGISLATIVE BODY IN THE FORM OF ELECTRONIC MAIL  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10793-02-1

S. 5544                             2                            A. 8083

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.
  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  of  1975 and as renumbered by a vote of the people of the city
of New York at the general election held in 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  OR  DISPLAYED  ELECTRONICALLY  UPON  THE  DESKS  OF THE COUNCIL
MEMBERS, OR DELIVERED TO EVERY COUNCIL MEMBER IN THE FORM OF  ELECTRONIC
MAIL  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.
  S 3. This act shall take effect immediately.

2011-S5544A (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §20, Munic Home R L; amd §36, NYS Chart
Versions Introduced in 2013-2014 Legislative Session:: S4085

2011-S5544A (ACTIVE) - Summary

Relates to procedures for the passage of local laws.

2011-S5544A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5544A

TITLE OF BILL:
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

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.

2011-S5544A (ACTIVE) - Bill Text download pdf

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

                                 5544--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 1, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10793-03-2

S. 5544--A                          2

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. 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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Senate Bill S5544

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2011-S5544 - Details

2011-S5544 - Summary

2011-S5544 - Sponsor Memo

2011-S5544 - Bill Text download pdf

2011-S5544A (ACTIVE) - Details

2011-S5544A (ACTIVE) - Summary

2011-S5544A (ACTIVE) - Sponsor Memo

2011-S5544A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5544

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2011-S5544 - Details

2011-S5544 - Summary

2011-S5544 - Sponsor Memo

2011-S5544 - Bill Text download pdf

2011-S5544A (ACTIVE) - Details

2011-S5544A (ACTIVE) - Summary

2011-S5544A (ACTIVE) - Sponsor Memo

2011-S5544A (ACTIVE) - Bill Text download pdf

Comments