NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2067
SPONSOR: Hawley (MS) TITLE OF BILL:
An act to amend the general construction law, in relation to allowing
for online publication of public notices
PURPOSE OR GENERAL IDEA OF BILL:
Allows for online publication of public notices.
SUMMARY OF SPECIFIC PROVISIONS:
Subject to the provisions of subdivision two of this section and
notwithstanding any provisions of law to the contrary, in any case in
which notice of any fact is required by law to be published or adver-
tised in a newspaper, such requirement, in addition such requirement
shall be satisfied by publication of the notice in an online news publi-
cation.
JUSTIFICATION:
Currently New York law requires the publication of public notices in
either daily or weekly newspapers. The law appears to define newspapers
as printed matter. Online Publication of public notices would allow for
public notices to be searched through a website's search function or
through a public search engine. Moreover, it would lead to faster publi-
cation cycles, and a wider dissemination of notices. Lastly, it may
lower the cost to individuals and government, by decreasing the needs
for paper, printing, and revenue support for inefficient legacy busi-
ness.
PRIOR LEGISLATIVE HISTORY:
05/05/15 A6058 held for consideration in governmental operations
01/08/14 referred to governmental operations P.3203
05/23/16 held for consideration in governmental operations
A6874 05/08/18 held for consideration in governmental operations
A1718 - 07/16/2020 held for consideration in governmental operations
A2040 - 03/08/22 held for consideration in governmental operations
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2067
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. HAWLEY, MILLER, SMULLEN, ANGELINO, GALLAHAN,
LEMONDES, DeSTEFANO, BRABENEC, J. M. GIGLIO -- Multi-Sponsored by --
M. of A. DiPIETRO -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the general construction law, in relation to allowing
for online publication of public notices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general construction law is amended by adding a new
2 section 40-a to read as follows:
3 § 40-a. Public notices and publications. 1. Subject to the provisions
4 of subdivision two of this section and notwithstanding any provision of
5 law to the contrary, in any case in which notice of any fact is required
6 by law to be published or advertised in a newspaper, in addition such
7 requirement shall be satisfied by publication of the notice in an online
8 news publication that:
9 a. provides general interest news on a daily basis to a defined
10 geographic location; and
11 b. has been continuously published for at least one year prior to the
12 date of publication of the notice.
13 2. Any publication made pursuant to the terms of this section shall be
14 subject to all requirements and stipulations of publication imposed by
15 law or by order of a court of competent jurisdiction with regard to the
16 notice with the exception of a requirement that the notice be published
17 in a newspaper.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00216-01-3
