senate Bill S2528

Relates to adoption of rules and regulations by state and local government entities prior to the effective date of legislative acts

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5354
Versions:
S2528
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Add ยง43-a, Leg L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4904, A2064
2009-2010: A1845A, A1845A

Sponsor Memo

BILL NUMBER:S2528

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.

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

                                  2528

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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

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