NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A238
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the general construction law, in relation to the meaning
of the term "newspaper" for the purposes of publishing certain notices
required by law
PURPOSE OR GENERAL IDEA OF BILL:
To provide local governments with the option of publishing legal notices
on a newspaper's website.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amend General Construction Law § 60 to further define "news-
paper" in any case in which notice of any fact is required by law to be
published by or advertised in a newspaper„ Specifically, the term "news-
paper" is further defined as any legal notice section maintained by such
newspaper or by one of its corporate subsidiaries on the newspaper's
website. Notice of any fact required by law to be published in a newspa-
per will be deemed sufficient if published in the form and for the dura-
tion required by law in such legal section of a newspaper's website.
Section 2: "This act shall take effect immediately".
JUSTIFICATION:
Currently, New York law requires the publication of public notices in
either daily or weekly newspapers. The law defines newspapers as printed
matter. As society increasingly focuses on technological delivery of
news, many daily newspapers have reduced the number of editions printed
each week, correspondingly expanding content available online only. For
example, the Post-Standard in Syracuse shifted to a three day per week
home delivery schedule in February 2013. In addition, the Oneida
Dispatch, Niagara Gazette, Lockport Union-Sun & Journal, and Tonawanda
News announced reductions in print schedules. Therefore, it is necessary
to change the law to keep up with changes in the industry to enable
those required to publish legal notices, including municipalities, with-
in a certain timeframe the ability to do so.
The legislation would enable public notices to be published on a newspa-
per's website in addition to its printed edition, preserving the systems
put into place by the newspapers while recognizing a shift in content
delivery. Public notices would remain easily accessible to the general
public.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A.193;
2021-2022: A.1337;
2019-2020: A.1799;
2016-2017: A.685,
2015-2016: A.3642,
2013-2014: A.7654
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
238
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the general construction law, in relation to the meaning
of the term "newspaper" for the purposes of publishing certain notices
required by law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision c of section 60 of the general construction
2 law, as added by chapter 767 of the laws of 2005, is amended to read as
3 follows:
4 c. The term "newspaper of a county, city, town or village" when used
5 in a statute shall mean a newspaper published, circulated, printed or
6 distributed in the county, city, town or village. Notwithstanding any
7 law to the contrary, in any case in which notice of any fact is required
8 by law to be published by or advertised in a newspaper, the term "news-
9 paper of a county, city, town or village" shall include, in addition to
10 its physical publication, any legal notice section maintained by such
11 newspaper or by one of its corporate subsidiaries on the newspaper's
12 website. Notice of any fact required by law to be published in a newspa-
13 per will be deemed sufficient if published in the form and for the dura-
14 tion required by law in such legal notice section of a newspaper's
15 website.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00818-01-5
