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