NY State Senate Bill 2021-S4177

Senate Bill S4177

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Feb 02, 2021	referred to investigations and government operations

2021-S4177 (ACTIVE) - Details

See Assembly Version of this Bill:: A42
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add §43-a, Leg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1845
2011-2012: A2064
2013-2014: A5354
2015-2016: A3856
2017-2018: A3123
2019-2020: S8768, A1505

2021-S4177 (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.

2021-S4177 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4177

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the legislative law, in relation to the taking effect
and sunset of a law

 
PURPOSE OR GENERAL IDEA OF BILL:

To simplify the process of providing for the taking effect of a law or
amending a law that sunsets.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation adds a new section 43-a to.allow 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.

 
PRIOR LEGISLATIVE HISTORY:

2014: A5354 passed Assembly

2015: A3856 referred to Governmental Operations;

2016 - A3856 - passed Assembly

2017: A3123 - referred to Governmental Operations;

2018:A3123- referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S4177 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4177
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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:
   §  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.
   § 2.  This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00156-01-1

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