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Assembly Bill A1845

2009-2010 Legislative Session

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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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2009-A1845 - Details

Versions Introduced in Other Legislative Sessions:
2011-2012: A2064
2013-2014: A5354
2015-2016: A3856
2017-2018: A3123
2019-2020: A1505
2021-2022: A42

2009-A1845 - 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.

2009-A1845 - Bill Text download pdf 

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

                                  1845

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. GOTTFRIED -- Multi-Sponsored by -- M. of A. BREN-
  NAN,  CLARK, MAYERSOHN, PAULIN, SEMINERIO -- read once and referred to
  the Committee on Governmental 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,
SUCH AMENDMENT SHALL NOT AFFECT THE REPEAL OR LOSS OF FORCE AND  EFFECT,
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.
                                                           LBD00762-01-9

2009-A1845A (ACTIVE) - Details

Versions Introduced in Other Legislative Sessions:
2011-2012: A2064
2013-2014: A5354
2015-2016: A3856
2017-2018: A3123
2019-2020: A1505
2021-2022: A42

2009-A1845A (ACTIVE) - 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.

2009-A1845A (ACTIVE) - Bill Text download pdf 

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

                                 1845--A
                                                        Cal. No. 365

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. GOTTFRIED -- Multi-Sponsored by -- M. of A. BREN-
  NAN,  CLARK, MAYERSOHN, PAULIN, SEMINERIO -- read once and referred to
  the Committee on Governmental Operations -- reported  from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

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

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