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.
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
