S T A T E O F N E W Y O R K
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5154
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
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Introduced by M. of A. BRENNAN -- read once and referred to the Commit-
tee on Cities
AN ACT to amend the general construction law and the New York city char-
ter, in relation to the publication of the City Record
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 60 of the general construction
law, as separately amended by chapters 724 and 725 of the laws of 1975,
is amended to read as follows:
a. In any case in which notice of any fact is required by law to be
published or advertised in a newspaper, the term "newspaper" shall mean
a paper of general circulation which is printed and distributed ordinar-
ily not less frequently than once a week, and has been so for at least
one year immediately preceding such publication or advertisement, and
which contains news, articles of opinion (as editorials), features,
advertising, or other matter regarded as of current interest, has a paid
circulation and (except for such a paper which has been printed and
distributed not less frequently than once a week for a period of ten
years prior to January one, nineteen hundred seventy-five) has been
entered at United States post-office as second-class matter. A publica-
tion which is distributed or made available primarily for advertising
purposes to the public generally without consideration being paid there-
for shall not be deemed to be a "newspaper" for the purpose of publica-
tion or advertisement of such notice required by law. Notwithstanding
any provision of this subdivision to the contrary, a publication which
was designated and publishing notice as an official newspaper prior to
the year nineteen hundred forty and continued to be so designated and
publishing for at least thirty years after such year shall be deemed to
be a newspaper within the meaning of this subdivision, AND, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, THE PUBLICATION OF AN OFFICIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09110-01-3
A. 5154 2
NEWSPAPER IN PRINT OR ELECTRONIC FORM SHALL BE DEEMED TO BE A NEWSPAPER
WITHIN THE MEANING OF THIS SUBDIVISION.
S 2. Section 1066 of the New York city charter, as added by a vote of
the people of the city of New York at the general election held in
November of 1989, subdivisions a, e, and f as amended by local law
number 59 of the city of New York for the year 1996, is amended to read
as follows:
S 1066. City Record. a. There shall be published daily, except Satur-
days, Sundays and legal holidays, under contract or by the department of
citywide administrative services, a paper to be known as the City
Record. THE CITY RECORD MAY BE PUBLISHED AND DISTRIBUTED ELECTRONICALLY
IN A MANNER THAT THE COMMISSIONER OF CITYWIDE ADMINISTRATIVE SERVICES
DETERMINES TO BE APPROPRIATE TO FULFILL THE PROVISIONS OF THIS SECTION.
b. There shall be inserted in the City Record nothing aside from such
official matters as are expressly authorized.
c. All advertising required to be done for the city, except as other-
wise provided by law, shall be inserted at the public expense in the
City Record and a publication therein shall be sufficient compliance
with any law requiring publication of such matters or notices. PUBLICA-
TION OF THE CITY RECORD IN ELECTRONIC FORM SHALL HAVE THE SAME FORCE AND
EFFECT AS PUBLICATION IN PRINT FORM.
d. Nothing herein contained shall prevent the publication elsewhere of
any advertisement required by law to be so published.
e. The commissioner of citywide administrative services shall cause a
continuous series of the City Record to be bound as completed quarterly
and to be deposited with his or her certificate thereon in the office of
the city register, in the county clerk's office of each county and in
the office of the city clerk; and copies of the contents of any part of
the same, certified by such register, county clerk or city clerk, shall
be received in judicial proceedings as prima facie evidence of the truth
of the contents thereof.
f. The commissioner of citywide administrative services shall provide
copies of each issue of the City Record, IN PRINT OR ELECTRONIC FORM AS
DETERMINED BY THE COMMISSIONER, to the municipal reference and research
center where they shall be available without charge to any member of the
public requesting a copy on the publication date or within a reasonable
period of time thereafter, to be determined by the commissioner of
records and information services. The commissioner shall also provide
free subscriptions to the City Record, IN PRINT OR ELECTRONIC FORM AS
DETERMINED BY THE COMMISSIONER, to each borough president, council
member, community board, and branch of the public library and to the
news media as defined in paragraph three of subdivision b of section one
thousand forty-three of the charter. The commissioner of citywide admin-
istrative services, each borough president, council member and community
board shall, upon [receipt] REQUEST, make copies of each issue of the
City Record available in their respective offices for reasonable public
inspection without charge, PROVIDED THAT COPIES MAY BE MADE AVAILABLE IN
ELECTRONIC FORM UNLESS A PAPER COPY OF THE CITY RECORD IS REQUESTED.
S 3. This act shall take effect immediately.