STATE OF NEW YORK
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4085
2013-2014 Regular Sessions
IN SENATE
March 7, 2013
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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 § 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 § 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 § 3. This act shall take effect immediately.
