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A00441 Summary:

A00441 Actions:

A00441 Floor Votes:

A00441 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A441A               REVISED 6/18/09
 
SPONSOR: Kavanagh (MS)

 
TITLE OF BILL:  An act to amend the municipal home rule law, in
relation to enhancing the current system of local law publication; and
to repeal subdivision 5 of section 27 of such law, relating to local law
publication
 
 
PURPOSE: This bill would require the Secretary of State to publish
local laws and codes enacted by counties on the Department of State's
official website free-of-charge.
 
 
SUMMARY OF PROVISIONS:  Section 1 of the bill would repeal the current

Subdivision 5 of Section 27 of the Municipal Home Rule Law and add a new
Subdivision 5 of Section 27. The current Subdivision 5 requires the
Secretary of State to publish all local laws enacted by all counties in
the state in a bound volume. The new Subdivision 5 would add a require-
ment that these local laws also be published on the Department of State
website as individual local laws and in the form of a complete codifica-
tion of all such local laws. Counties are already required under Subdi-
vision 1 of the existing 27 to provide their local laws to the Secretary
of State within 20 days of enactment. The new Subdivision 5 enables the
Secretary of State to specify the format and mariner counties shall
provide the laws, to facilitate the new publication requirement.
 
Section 2 of the bill specifies the effective date.
 
 
JUSTIFICATION: Residents, businesses, visitors, researchers, students,
advocates, and many others have an interest in knowing what laws might

apply in different parts of the State. In part for this reason, counties
are required by current law to submit their laws to the Secretary of
State and the Secretary of State is, in turn, required to publish the
local laws annually, in a bound volume. This legislation would adapt
these publication requirements to increase access to these laws and to
take advantage of the efficiency of the internet as a means of distrib-
uting information.
 
 
LEGISLATIVE HISTORY:  2008: A11403 (Kavanagh) Third Reading
 
 
FISCAL IMPACT ON THE STATE: Minimal
 
 
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall have become law.

A00441 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         441--A
                                                                Cal. No. 347
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by M. of A. KAVANAGH, LANCMAN, COLTON, MAGNARELLI, HOOPER --
          Multi-Sponsored by -- M. of A. ERRIGO, FINCH,  THIELE,  WEISENBERG  --
          read  once  and  referred  to  the  Committee  on Local Governments --

          reported from committee, advanced to  a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
 
        AN  ACT  to  amend the municipal home rule law, in relation to enhancing
          the current system of local law publication; and to repeal subdivision
          5 of section 27 of such law, relating to local law publication
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 5 of section 27 of the municipal home rule law
     2  is repealed and a new subdivision 5 is added to read as follows:
     3    5.  The secretary of state shall publish annually local  laws  on  the
     4  department  of state website and in a separate volume as a supplement to
     5  the session laws, and shall publish at least annually on the  department

     6  of  state  website  a  complete codification of all local laws in effect
     7  that have been adopted by the  legislative  body  of  each  county.  The
     8  clerk, or other officer designated by the legislative body of each coun-
     9  ty, shall provide local laws to the secretary of state in a manner spec-
    10  ified  by  the secretary of state to facilitate the publication require-
    11  ments of this subdivision.
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD01035-02-9