NY State Senate Bill 2009-S5952

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2010	print number 5952a
Mar 09, 2010	amend and recommit to judiciary
Jan 06, 2010	referred to judiciary
Jun 19, 2009	referred to rules

Bill Amendments

Original

A (Active)

2009-S5952 - Details

See Assembly Version of this Bill:: A8951
Current Committee:: Senate Judiciary
Law Section:: General Construction Law
Laws Affected:: Amd §60, Gen Con L; amd §1066, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4079
2013-2014: A5154

2009-S5952 - Summary

Relates to the publication of the City Record in electronic form.

2009-S5952 - Sponsor Memo

                                 BILL NUMBER:  S5952

 TITLE OF BILL :

An act to amend the general construction law and the New York city
charter, in relation to the publication of the City Record


 SUMMARY OF PROVISIONS :

This law would amend section 60 of the General Construction Law and
section 1066 of the New York City Charter (the "Charter"), to
authorize the electronic publication of The City Record. Under General
Construction Law §60, The City Record, as the long-standing official
newspaper of the City of New York, is deemed a "newspaper" for the
purpose of any law requiring the publication or advertisement of a
notice in a newspaper. This law would clarify that The City Record is
deemed a "newspaper" if it is published in print or electronic form.
The law also would amend section 1066 of the Charter, which governs
The City Record, to authorize New York City Department of Citywide
Administrative Services (DCAS) to publish The City Record in
electronic publication and to provide that electronic publication
would have the same force and effect as print publication.

 REASONS FOR SUPPORT :

The City Record is the official newspaper of the City of New York. It
includes notices from City agencies concerning public hearings and
meetings, property dispositions, procurement (solicitations and
awards), agency rules, and special materials, as well as court
notices. The City Record is published each weekday. excluding official
City holidays, by DCAS.

Currently. the circulation of The City Record is approximately 1,500
copies per day. Many of these are delivered to City offices,
libraries, and media outlets. Only around 500 copies are delivered to
private subscribers.  Contractual costs for printing, mailing, and
delivery of the paper were about $1.2 million in FY 2008.

By offering The City Record as an electronic newspaper, DCAS will be
able to decrease costs significantly. At the same time, electronic
publication will increase the ease of circulation and thus should
expand readership. This law would also require DCAS, each borough
president, each community board, and each council member to make
available hard copies of The City Record in their respective offices
to any member of the public, on request and free of charge. This will
ensure that any resident without electronic means of reading the paper
will he able to access the content.

Moving to an electronic format will also bring The City Record in line
with the Mayor's PlaNYC carbon emission reduction goals. The printing,
processing, and delivery of newsprint are energy and
resource-intensive processes.  By eliminating the ongoing need to
publish the paper, the City will continue to set an example for other
municipalities.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

2009-S5952 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5952

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general construction law and the New York city char-
  ter, in relation to the publication of the City Record

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  a  of section 60 of the general construction
law, as separately amended by chapters 724 and 725 of the laws of  1975,
is amended to read as follows:
  a.  In  any  case in which notice of any fact is required by law to be
published or advertised in a newspaper, the term "newspaper" shall  mean
a paper of general circulation which is printed and distributed ordinar-
ily  not  less frequently than once a week, and has been so for at least
one year immediately preceding such publication  or  advertisement,  and
which  contains  news,  articles  of  opinion (as editorials), features,
advertising, or other matter regarded as of current interest, has a paid
circulation and (except for such a paper  which  has  been  printed  and
distributed  not  less  frequently  than once a week for a period of ten
years prior to January one,  nineteen  hundred  seventy-five)  has  been
entered  at United States post-office as second-class matter. A publica-
tion which is distributed or made available  primarily  for  advertising
purposes to the public generally without consideration being paid there-
for  shall not be deemed to be a "newspaper" for the purpose of publica-
tion or advertisement of such notice required  by  law.  Notwithstanding
any  provision  of this subdivision to the contrary, a publication which
was designated and publishing notice as an official newspaper  prior  to
the  year  nineteen  hundred forty and continued to be so designated and
publishing for at least thirty years after such year shall be deemed  to
be  a  newspaper  within the meaning of this subdivision, AND, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, THE PUBLICATION OF AN OFFICIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14412-01-9

S. 5952                             2

NEWSPAPER IN PRINT OR ELECTRONIC FORM SHALL BE DEEMED TO BE A  NEWSPAPER
WITHIN THE MEANING OF THIS SUBDIVISION.
  S  2. Section 1066 of the New York city charter, as added by a vote of
the people of the city of New York  at  the  general  election  held  in
November  of  1989,  subdivisions  a,  e,  and f as amended by local law
number 59 of the city of New York for the year 1996, is amended to  read
as follows:
  S 1066. City Record.  a. There shall be published daily, except Satur-
days, Sundays and legal holidays, under contract or by the department of
citywide  administrative  services,  a  paper  to  be  known as the City
Record. THE CITY RECORD MAY BE PUBLISHED AND DISTRIBUTED  ELECTRONICALLY
IN  A  MANNER  THAT THE COMMISSIONER OF CITYWIDE ADMINISTRATIVE SERVICES
DETERMINES TO BE APPROPRIATE TO FULFILL THE PROVISIONS OF THIS SECTION.
  b. There shall be inserted in the City Record nothing aside from  such
official matters as are expressly authorized.
  c.  All advertising required to be done for the city, except as other-
wise provided by law, shall be inserted at the  public  expense  in  the
City  Record  and  a  publication therein shall be sufficient compliance
with any law requiring publication of such matters or notices.  PUBLICA-
TION OF THE CITY RECORD IN ELECTRONIC FORM SHALL HAVE THE SAME FORCE AND
EFFECT AS PUBLICATION IN PRINT FORM.
  d. Nothing herein contained shall prevent the publication elsewhere of
any advertisement required by law to be so published.
  e. The commissioner of citywide administrative services shall cause  a
continuous  series of the City Record to be bound as completed quarterly
and to be deposited with his or her certificate thereon in the office of
the city register, in the county clerk's office of each  county  and  in
the  office of the city clerk; and copies of the contents of any part of
the same, certified by such register, county clerk or city clerk,  shall
be received in judicial proceedings as prima facie evidence of the truth
of the contents thereof.
  f.  The commissioner of citywide administrative services shall provide
copies of each issue of the City Record, IN PRINT OR ELECTRONIC FORM  AS
DETERMINED  BY THE COMMISSIONER, to the municipal reference and research
center where they shall be available without charge to any member of the
public requesting a copy on the publication date or within a  reasonable
period  of  time  thereafter,  to  be  determined by the commissioner of
records and information services. The commissioner  shall  also  provide
free  subscriptions  to  the City Record, IN PRINT OR ELECTRONIC FORM AS
DETERMINED BY THE  COMMISSIONER,  to  each  borough  president,  council
member,  community  board,  and  branch of the public library and to the
news media as defined in paragraph three of subdivision b of section one
thousand forty-three of the charter. The commissioner of citywide admin-
istrative services, each borough president, council member and community
board shall, upon [receipt] REQUEST, make copies of each  issue  of  the
City  Record available in their respective offices for reasonable public
inspection without charge, PROVIDED THAT COPIES MAY BE MADE AVAILABLE IN
ELECTRONIC FORM UNLESS A PAPER COPY OF THE CITY RECORD IS REQUESTED.
  S 3. This act shall take effect immediately.

2009-S5952A (ACTIVE) - Details

See Assembly Version of this Bill:: A8951
Current Committee:: Senate Judiciary
Law Section:: General Construction Law
Laws Affected:: Amd §60, Gen Con L; amd §1066, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4079
2013-2014: A5154

2009-S5952A (ACTIVE) - Summary

Relates to the publication of the City Record in electronic form.

2009-S5952A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5952A

 TITLE OF BILL :

An act to amend the general construction law and the New York city
charter, in relation to the publication of the City Record


 SUMMARY OF PROVISIONS :

This law would amend section 60 of the General Construction Law and
section 1066 of the New York City Charter (the "Charter"), to
authorize the electronic publication of The City Record. Under General
Construction Law §60, The City Record, as the long-standing official
newspaper of the City of New York, is deemed a "newspaper" for the
purpose of any law requiring the publication or advertisement of a
notice in a newspaper. This law would clarify that The City Record is
deemed a "newspaper" if it is published in print or electronic form.
The law also would amend section 1066 of the Charter, which governs
The City Record, to authorize New York City Department of Citywide
Administrative Services (DCAS) to publish The City Record in
electronic publication and to provide that electronic publication of
the City Record would have the same force and effect as print
publication.

 JUSTIFICATION :

The City Record is the official newspaper of the City of New York. It
includes notices from City agencies concerning public hearings and
meetings, property dispositions, procurement {solicitations and
awards} , agency rules, and special materials, as well as court
notices. The City Record is published each weekday. excluding official
City holidays, by DCAS.

Currently, the circulation of The City Record is approximately 1,500
copies per day. Many of these are delivered to City offices,
libraries, and media outlets. Only around 500 copies are delivered to
private subscribers. Contractual costs for printing, mailing, and
delivery of the paper were about $1.2 million in FY 2008.

By offering The City Record as an electronic newspaper, DCAS will be
able to decrease costs significantly. At the same time, electronic
publication will increase the ease of circulation and thus should
expand readership. This law would also require DCAS, each borough
president, each community board, and each council member to make
available hard copies of The City Record in their respective offices
to any member of the public, on request and free of charge. This will
ensure that any resident without electronic means of reading the paper
will be able to access the content.

Moving to an electronic format will also bring The City Record in line
with the City of New York's PlaNYC carbon emission reduction goals.
The printing, processing, and delivery of newsprint are energy and
resource intensive processes.

2009-S5952A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5952--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general construction law and the New York city char-
  ter, in relation to the publication of the City Record

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  a  of section 60 of the general construction
law, as separately amended by chapters 724 and 725 of the laws of  1975,
is amended to read as follows:
  a.  In  any  case in which notice of any fact is required by law to be
published or advertised in a newspaper, the term "newspaper" shall  mean
a paper of general circulation which is printed and distributed ordinar-
ily  not  less frequently than once a week, and has been so for at least
one year immediately preceding such publication  or  advertisement,  and
which  contains  news,  articles  of  opinion (as editorials), features,
advertising, or other matter regarded as of current interest, has a paid
circulation and (except for such a paper  which  has  been  printed  and
distributed  not  less  frequently  than once a week for a period of ten
years prior to January one,  nineteen  hundred  seventy-five)  has  been
entered  at United States post-office as second-class matter. A publica-
tion which is distributed or made available  primarily  for  advertising
purposes to the public generally without consideration being paid there-
for  shall not be deemed to be a "newspaper" for the purpose of publica-
tion or advertisement of such notice required  by  law.  Notwithstanding
any  provision  of this subdivision to the contrary, a publication which
was designated and publishing notice as an official newspaper  prior  to
the  year  nineteen  hundred forty and continued to be so designated and
publishing for at least thirty years after such year shall be deemed  to
be  a  newspaper  within the meaning of this subdivision, AND, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, THE PUBLICATION OF AN OFFICIAL
NEWSPAPER IN PRINT OR ELECTRONIC FORM SHALL BE DEEMED TO BE A  NEWSPAPER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14412-02-0

S. 5952--A                          2

WITHIN  THE MEANING OF THIS SUBDIVISION AND, IN A CITY WITH A POPULATION
OF ONE MILLION OR MORE AND THAT CURRENTLY PUBLISHES AN OFFICIAL  NEWSPA-
PER, THE PUBLICATION OF SUCH AN OFFICIAL NEWSPAPER IN PRINT OR ELECTRON-
IC  FORM  SHALL  BE  DEEMED TO BE A NEWSPAPER WITHIN THE MEANING OF THIS
SUBDIVISION FOR PURPOSES OF THE PUBLICATION OF SUCH OFFICIAL MATTERS  AS
ARE  EXPRESSLY  AUTHORIZED, PROVIDED THAT NOTHING HEREIN CONTAINED SHALL
PREVENT THE PUBLICATION ELSEWHERE, IN A NEWSPAPER WITHIN THE MEANING  OF
THIS  SUBDIVISION,  OF  ANY  ADVERTISEMENT  REQUIRED  BY  LAW  TO  BE SO
PUBLISHED.
  S 2. Section 1066 of the New York city charter, as added by a vote  of
the  people  of  the  city  of  New York at the general election held in
November of 1989, subdivisions a, e, and  f  as  amended  by  local  law
number  59 of the city of New York for the year 1996, is amended to read
as follows:
  S 1066. City Record.  a. There shall be published daily, except Satur-
days, Sundays and legal holidays, under contract or by the department of
citywide administrative services, a  paper  to  be  known  as  the  City
Record.  THE CITY RECORD MAY BE PUBLISHED AND DISTRIBUTED ELECTRONICALLY
IN A MANNER THAT THE COMMISSIONER OF  CITYWIDE  ADMINISTRATIVE  SERVICES
DETERMINES TO BE APPROPRIATE TO FULFILL THE PROVISIONS OF THIS SECTION.
  b.  There shall be inserted in the City Record nothing aside from such
official matters as are expressly authorized.
  c. All advertising required to be done for the city, except as  other-
wise  provided  by  law,  shall be inserted at the public expense in the
City Record and a publication therein  shall  be  sufficient  compliance
with any law requiring publication of such matters or notices.  PUBLICA-
TION OF THE CITY RECORD IN ELECTRONIC FORM SHALL HAVE THE SAME FORCE AND
EFFECT AS PUBLICATION IN PRINT FORM.
  d. Nothing herein contained shall prevent the publication elsewhere of
any advertisement required by law to be so published.
  e.  The commissioner of citywide administrative services shall cause a
continuous series of the City Record to be bound as completed  quarterly
and to be deposited with his or her certificate thereon in the office of
the  city  register,  in the county clerk's office of each county and in
the office of the city clerk; and copies of the contents of any part  of
the  same, certified by such register, county clerk or city clerk, shall
be received in judicial proceedings as prima facie evidence of the truth
of the contents thereof.
  f. The commissioner of citywide administrative services shall  provide
copies  of each issue of the City Record, IN PRINT OR ELECTRONIC FORM AS
DETERMINED BY THE COMMISSIONER, to the municipal reference and  research
center where they shall be available without charge to any member of the
public  requesting a copy on the publication date or within a reasonable
period of time thereafter, to  be  determined  by  the  commissioner  of
records  and  information  services. The commissioner shall also provide
free subscriptions to the City Record, IN PRINT OR  ELECTRONIC  FORM  AS
DETERMINED  BY  THE  COMMISSIONER,  to  each  borough president, council
member, community board, and branch of the public  library  and  to  the
news media as defined in paragraph three of subdivision b of section one
thousand forty-three of the charter. The commissioner of citywide admin-
istrative services, each borough president, council member and community
board  shall,  upon  [receipt] REQUEST, make copies of each issue of the
City Record available in their respective offices for reasonable  public
inspection without charge, PROVIDED THAT COPIES MAY BE MADE AVAILABLE IN
ELECTRONIC FORM UNLESS A PAPER COPY OF THE CITY RECORD IS REQUESTED.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5952

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2009-S5952 - Details

2009-S5952 - Summary

2009-S5952 - Sponsor Memo

2009-S5952 - Bill Text download pdf

2009-S5952A (ACTIVE) - Details

2009-S5952A (ACTIVE) - Summary

2009-S5952A (ACTIVE) - Sponsor Memo

2009-S5952A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5952

Share this bill

Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2009-S5952 - Details

2009-S5952 - Summary

2009-S5952 - Sponsor Memo

2009-S5952 - Bill Text download pdf

2009-S5952A (ACTIVE) - Details

2009-S5952A (ACTIVE) - Summary

2009-S5952A (ACTIVE) - Sponsor Memo

2009-S5952A (ACTIVE) - Bill Text download pdf

Comments