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.
STATE OF NEW YORK
________________________________________________________________________
10729
IN ASSEMBLY
October 12, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
Otis, Carroll, Paulin, Sayegh) -- 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:
1 Section 1. The legislative law is amended by adding a new section
2 43-a to read as follows:
3 § 43-a. Taking effect and sunset of legislation. 1. This subdivision
4 applies where (a) an act of the legislature provides that the act shall
5 take effect at a time after it becomes a law, and (b) a state or local
6 government entity or official will have authority under that act to make
7 rules or regulations and take other actions reasonably necessary to
8 implement the act; unless the act specifically provides otherwise.
9 Effective immediately when the act becomes a law, the entity or official
10 may make those rules or regulations and take those actions reasonably
11 necessary to implement the law on its effective date. This section does
12 not authorize the making of rules or regulations on an emergency basis
13 unless that action qualifies for emergency rule making under applicable
14 law, and does not otherwise relieve the entity or official from applica-
15 ble requirements of law.
16 2. Where an act of the legislature amends a provision of law that is
17 to be repealed or of no force and effect on or after a certain date, the
18 amendment shall not affect the repeal or loss of force and effect of the
19 provision, and the amendment shall be deemed to be repealed or to be of
20 no force and effect therewith, unless the act provides otherwise.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00156-04-2
