Permits the adoption of rules and regulations by state and local government entities prior to the effective date of an act of the legislature which necessitates such rules, regulations or actions.
TITLE OF BILL: An act to amend the legislative law, in relation to the taking effect and sunset of a law
PURPOSE: To simplify the process of providing for the taking effect of a law or amending a law that sunsets.
SUMMARY OF PROVISIONS: Allows government entities and officials to make regulations and take other actions to prepare for the taking effect of a law that has a delayed effective date, unless the law provides otherwise. Preparatory actions would not have legal effect until the new law takes effect. This bill also provides that legislation to amend a law that sunsets would not affect the sunset date, unless the law provides otherwise.
JUSTIFICATION: It is common for an act of the Legislature to provide that it will take effect a certain period or on a certain date after it becomes a law. Frequently, the "effective date" section provides that preparations may be made for the future taking effect, but commonly that is left out. It is also common for an act of the Legislature to amend laws that sunset. Currently, the Legislature must include additional language to clarify that such amendments are not intended to affect the sunset date.
Making this authority routine would facilitate preparation for the orderly taking effect of new laws or amending laws with sunset dates. It would also simplify legislative drafting and make it more uniform.
LEGISLATIVE HISTORY: 1997-1998: A.4182-a - Referred to Assembly Governmental Operations Committee; No Same As 2002: A.8621 - Passed Assembly; No Same As 2003-2004: A.3273 - Passed Assembly; S. 4769 Referred to Investigations and Governmental Operations Committee 2005-2006: A.3173 - Passed Assembly; No Same As 2009-2010: A.1845-A Passed Assembly; No Same As 2011-2012: A. 2064 - Passed Assembly; S. 4904 Referred to Investigations and Governmental Operations Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2528 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the legislative law, in relation to the taking effect and sunset of a law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The legislative law is amended by adding a new section 43-a to read as follows: S 43-A. TAKING EFFECT AND SUNSET OF LEGISLATION. 1. THIS SUBDIVISION APPLIES WHERE AN ACT OF THE LEGISLATURE PROVIDES THAT A LAW SHALL TAKE EFFECT AT A TIME AFTER IT BECOMES A LAW, UNLESS THE ACT SPECIFICALLY PROVIDES OTHERWISE. A STATE OR LOCAL GOVERNMENT ENTITY OR OFFICIAL, WHICH OR WHO WILL HAVE AUTHORITY UNDER SUCH LAW TO MAKE REGULATIONS OR TAKE OTHER ACTIONS NECESSARY TO ENFORCE OR IMPLEMENT THE LAW, MAY ADOPT, AMEND, SUSPEND OR REPEAL ANY SUCH REGULATIONS AND TAKE SUCH OTHER ACTIONS PRIOR TO AND IN PREPARATION FOR THE TAKING EFFECT OF THE LAW; PROVIDED, HOWEVER, SUCH ADOPTION, AMENDMENT, SUSPENSION OR REPEAL OF REGULATIONS SHALL NOT HAVE LEGAL EFFECT UNTIL THE LAW TAKES EFFECT. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AUTHORIZING THE ADOPTION, AMENDMENT, SUSPENSION OR REPEAL OF REGULATIONS ON AN EMERGENCY BASIS UNLESS SUCH ACTION QUALIFIES FOR EMERGENCY RULE MAKING PURSUANT TO APPLICABLE STATUTES, OR AS OTHERWISE RELIEVING AN ENTITY OR OFFICIAL FROM APPLICABLE REQUIREMENTS OF LAW. 2. WHERE AN ACT OF THE LEGISLATURE AMENDS A PROVISION OF LAW THAT IS TO BE REPEALED OR OF NO FORCE AND EFFECT ON OR AFTER A CERTAIN DATE, THE AMENDMENT SHALL NOT AFFECT THE REPEAL OR LOSS OF FORCE AND EFFECT OF THE PROVISION, AND THE AMENDMENT SHALL BE DEEMED TO BE REPEALED OR TO BE OF NO FORCE AND EFFECT THEREWITH, UNLESS THE ACT PROVIDES OTHERWISE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01216-01-3