Bill Text: NY A03856 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-05-16 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A03856 Detail]

Download: New_York-2015-A03856-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3856
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M. of A. GOTTFRIED, ABINANTI -- Multi-Sponsored by -- M.
         of A. BRENNAN, CLARK, PAULIN -- read once and referred to the  Commit-
         tee 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:
    1    Section  1.    The  legislative law is amended by adding a new section
    2  43-a to read as follows:
    3    S 43-A. TAKING EFFECT AND SUNSET OF LEGISLATION. 1.  THIS  SUBDIVISION
    4  APPLIES  WHERE  AN ACT OF THE LEGISLATURE PROVIDES THAT A LAW SHALL TAKE
    5  EFFECT AT A TIME AFTER IT BECOMES A LAW,  UNLESS  THE  ACT  SPECIFICALLY
    6  PROVIDES  OTHERWISE.    A  STATE OR LOCAL GOVERNMENT ENTITY OR OFFICIAL,
    7  WHICH OR WHO WILL HAVE AUTHORITY UNDER SUCH LAW TO MAKE  REGULATIONS  OR
    8  TAKE OTHER ACTIONS NECESSARY TO ENFORCE OR IMPLEMENT THE LAW, MAY ADOPT,
    9  AMEND,  SUSPEND  OR  REPEAL  ANY  SUCH  REGULATIONS  AND TAKE SUCH OTHER
   10  ACTIONS PRIOR TO AND IN PREPARATION FOR THE TAKING EFFECT  OF  THE  LAW;
   11  PROVIDED,  HOWEVER,  SUCH  ADOPTION,  AMENDMENT, SUSPENSION OR REPEAL OF
   12  REGULATIONS SHALL NOT HAVE LEGAL EFFECT  UNTIL  THE  LAW  TAKES  EFFECT.
   13  NOTHING  IN THIS SECTION SHALL BE CONSTRUED AS AUTHORIZING THE ADOPTION,
   14  AMENDMENT, SUSPENSION OR REPEAL OF REGULATIONS  ON  AN  EMERGENCY  BASIS
   15  UNLESS  SUCH  ACTION  QUALIFIES  FOR  EMERGENCY  RULE MAKING PURSUANT TO
   16  APPLICABLE STATUTES, OR AS OTHERWISE RELIEVING  AN  ENTITY  OR  OFFICIAL
   17  FROM APPLICABLE REQUIREMENTS OF LAW.
   18    2.  WHERE  AN ACT OF THE LEGISLATURE AMENDS A PROVISION OF LAW THAT IS
   19  TO BE REPEALED OR OF NO FORCE AND EFFECT ON OR AFTER A CERTAIN DATE, THE
   20  AMENDMENT SHALL NOT AFFECT THE REPEAL OR LOSS OF FORCE AND EFFECT OF THE
   21  PROVISION, AND THE AMENDMENT SHALL BE DEEMED TO BE REPEALED OR TO BE  OF
   22  NO FORCE AND EFFECT THEREWITH, UNLESS THE ACT PROVIDES OTHERWISE.
   23    S 2.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02854-01-5