Bill Text: NY A00472 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to procedures for the passage of local laws.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-10-23 - signed chap.426 [A00472 Detail]

Download: New_York-2013-A00472-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          472
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. MAGNARELLI, MALLIOTAKIS -- 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 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:
    1    Section 1. Subdivision 4 of section 20 of the municipal home rule law,
    2  as  amended  by  chapter  45  of the laws of 1974, is amended to read as
    3  follows:
    4    4. A proposed local law may be introduced only  by  a  member  of  the
    5  legislative  body  at  a  meeting  of  such  body or as may be otherwise
    6  prescribed by the rules of procedure adopted by  the  legislative  body.
    7  No  such local law shall be passed until it shall have been in its final
    8  form and either (a) upon the desks or [table] TABLES of the  members  at
    9  least  seven  calendar  days,  exclusive  of  Sunday, prior to its final
   10  passage, or (b) mailed to each of them in  postpaid  properly  addressed
   11  and  securely  closed envelopes or wrappers in a post box or post office
   12  of the United States post office department within the local  government
   13  at  least  ten  calendar  days,  exclusive of Sunday, prior to its final
   14  passage, unless the elective or appointive chief executive  officer,  if
   15  there  be one, or otherwise the chairman of the board of supervisors, in
   16  the case of a county, the mayor in the case of a city or village or  the
   17  supervisor in the case of a town shall have certified as to the necessi-
   18  ty  for its immediate passage and such local law be passed by the affir-
   19  mative vote of two-thirds of the total voting power of  the  legislative
   20  body.
   21    FOR PURPOSES OF THIS SUBDIVISION, A PROPOSED LOCAL LAW SHALL BE DEEMED
   22  TO  BE  UPON THE DESKS OR TABLES OF THE MEMBERS IF: IT IS SET FORTH IN A
   23  LEGIBLE ELECTRONIC FORMAT BY ELECTRONIC MEANS, AND IT IS  AVAILABLE  FOR
   24  REVIEW  IN SUCH FORMAT AT THE DESKS OF THE MEMBERS. FOR PURPOSES OF THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01516-01-3
       A. 472                              2
    1  SUBDIVISION "ELECTRONIC MEANS"  MEANS  ANY  METHOD  OF  TRANSMISSION  OF
    2  INFORMATION BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE
    3  OF SENDING AND RECEIVING SUCH TRANSMISSIONS AND WHICH: ALLOWS THE RECIP-
    4  IENT  TO  REPRODUCE  THE INFORMATION TRANSMITTED IN A TANGIBLE MEDIUM OF
    5  EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO
    6  BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF.
    7    S 2. Section 36 of the New York city charter, as amended by a vote  of
    8  the  people  of  the  city  of  New York at the general election held in
    9  November 1975 and as renumbered by a vote of the people of the  city  of
   10  New  York  at  the general election held in November 1989, is amended to
   11  read as follows:
   12    S 36.  Local laws; passage.  No local law shall  be  passed  until  it
   13  shall  have  been  in  its  final form and upon the desks of the council
   14  members at least seven calendar days, exclusive of Sundays, prior to its
   15  final passage, unless the mayor shall have certified as to the necessity
   16  for its immediate passage and such local law be passed by  the  affirma-
   17  tive vote of two-thirds of all the council members.
   18    FOR  PURPOSES  OF THIS SECTION, A LOCAL LAW SHALL BE DEEMED TO BE UPON
   19  THE DESKS OF THE COUNCIL MEMBERS IF: IT IS SET FORTH IN A LEGIBLE  ELEC-
   20  TRONIC  FORMAT  BY  ELECTRONIC  MEANS, AND IT IS AVAILABLE FOR REVIEW IN
   21  SUCH FORMAT AT THE DESKS OF THE MEMBERS. FOR PURPOSES  OF  THIS  SECTION
   22  "ELECTRONIC  MEANS"  MEANS  ANY  METHOD  OF  TRANSMISSION OF INFORMATION
   23  BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF  SENDING
   24  AND  RECEIVING  SUCH  TRANSMISSIONS  AND  WHICH: ALLOWS THE RECIPIENT TO
   25  REPRODUCE  THE  INFORMATION  TRANSMITTED  IN  A   TANGIBLE   MEDIUM   OF
   26  EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO
   27  BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF.
   28    S 3. This act shall take effect immediately.