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

                                  2064

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced by M. of A. GOTTFRIED -- Multi-Sponsored by -- M. of A. BREN-
  NAN, CLARK, MAYERSOHN, 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:

  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TO BE REPEALED OR OF NO FORCE AND EFFECT ON OR AFTER A CERTAIN DATE, THE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PROVISION, AND THE AMENDMENT SHALL BE DEEMED TO BE REPEALED OR TO BE  OF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.
                                                           LBD05349-01-1