Bill Text: NY S04085 | 2013-2014 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-21 - SUBSTITUTED BY A472 [S04085 Detail]

Download: New_York-2013-S04085-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4085
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 7, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       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
   25  SUBDIVISION  "ELECTRONIC  MEANS"  MEANS  ANY  METHOD  OF TRANSMISSION OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01516-01-3
       S. 4085                             2
    1  INFORMATION BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE
    2  OF SENDING AND RECEIVING SUCH TRANSMISSIONS AND WHICH: ALLOWS THE RECIP-
    3  IENT TO REPRODUCE THE INFORMATION TRANSMITTED IN A  TANGIBLE  MEDIUM  OF
    4  EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO
    5  BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF.
    6    S  2. Section 36 of the New York city charter, as amended by a vote of
    7  the people of the city of New York  at  the  general  election  held  in
    8  November  1975  and as renumbered by a vote of the people of the city of
    9  New York at the general election held in November 1989,  is  amended  to
   10  read as follows:
   11    S  36.    Local laws; passage.   No local law shall be passed until it
   12  shall have been in its final form and upon  the  desks  of  the  council
   13  members at least seven calendar days, exclusive of Sundays, prior to its
   14  final passage, unless the mayor shall have certified as to the necessity
   15  for  its  immediate passage and such local law be passed by the affirma-
   16  tive vote of two-thirds of all the council members.
   17    FOR PURPOSES OF THIS SECTION, A LOCAL LAW SHALL BE DEEMED TO  BE  UPON
   18  THE  DESKS OF THE COUNCIL MEMBERS IF: IT IS SET FORTH IN A LEGIBLE ELEC-
   19  TRONIC FORMAT BY ELECTRONIC MEANS, AND IT IS  AVAILABLE  FOR  REVIEW  IN
   20  SUCH  FORMAT  AT  THE DESKS OF THE MEMBERS. FOR PURPOSES OF THIS SECTION
   21  "ELECTRONIC MEANS" MEANS  ANY  METHOD  OF  TRANSMISSION  OF  INFORMATION
   22  BETWEEN  COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF SENDING
   23  AND RECEIVING SUCH TRANSMISSIONS AND  WHICH:  ALLOWS  THE  RECIPIENT  TO
   24  REPRODUCE   THE   INFORMATION   TRANSMITTED  IN  A  TANGIBLE  MEDIUM  OF
   25  EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO
   26  BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF.
   27    S 3. This act shall take effect immediately.
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