Bill Text: NY A04170 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a state agency to get approval from the senate and the assembly prior to adopting or readopting a rule on an emergency basis unless such rule is necessary on an emergency basis for the preservation of the public health, safety and general welfare of the public.

Spectrum: Partisan Bill (Republican 21-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A04170 Detail]

Download: New_York-2023-A04170-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4170

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2023
                                       ___________

        Introduced by M. of A. RA, PALMESANO, GANDOLFO, MILLER, MANKTELOW, MORI-
          NELLO,  REILLY,  BRABENEC,  DURSO,  TAGUE, BYRNES, J. M. GIGLIO, McDO-
          NOUGH,  J. A. GIGLIO,  HAWLEY,  LEMONDES,  JENSEN,  SIMPSON,  GOODELL,
          NORRIS,  MIKULIN -- read once and referred to the Committee on Govern-
          mental Operations

        AN ACT to amend the state administrative procedure act, in relation to a
          state agency adopting emergency regulations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a), (b) and (e) of subdivision 6 of section 202
     2  of  the  state  administrative  procedure act, paragraph (a) as added by
     3  chapter 17 of the laws of 1984 and paragraphs (b) and (e) as amended  by
     4  chapter 483 of the laws of 1988, are amended to read as follows:
     5    (a)  Notwithstanding  any  other  provision of law, if an agency finds
     6  that the immediate adoption of a rule is necessary for the  preservation
     7  of the public health, safety or general welfare and that compliance with
     8  the requirements of subdivision one of this section would be contrary to
     9  the  public  interest,  the agency may dispense with all or part of such
    10  requirements and adopt the rule on an emergency basis  except  when  the
    11  rule to be adopted is an existing adopted emergency regulation, in which
    12  case  the  agency  may  not  dispense  with  the  requirements that such
    13  readoption be approved by concurrent resolution of the senate and assem-
    14  bly.
    15    (b) Unless otherwise provided by law, such emergency  rule  shall  not
    16  remain  in effect for longer than ninety days after being filed with the
    17  secretary of state unless within such time the agency complies with  the
    18  requirements  of  subdivision  one  of  this section and adopts the rule
    19  pursuant  to  the  provisions  of  subdivision  five  of  this  section,
    20  provided,  however,  if an agency determines the readoption of such rule
    21  is necessary on an emergency basis for the preservation  of  the  public
    22  health,  safety and general welfare and compliance with the requirements

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05436-01-3
        A. 4170                             2

     1  of subdivision one of this section  would  be  contrary  to  the  public
     2  interest, then the readoption of such rule shall require the approval of
     3  the  senate  and  assembly  by concurrent resolution, and such emergency
     4  rule is readopted prior to the expiration of such ninety day period such
     5  readoption  and any subsequent readoptions shall remain in effect for no
     6  longer than [sixty] thirty days.
     7    (e) If, prior to the expiration of a rule adopted  pursuant  to  para-
     8  graph  (a)  of this subdivision, the agency finds that the readoption of
     9  such rule on an emergency basis is necessary for the preservation of the
    10  public health, safety or general welfare, the  agency  may  readopt  the
    11  rule  on an emergency basis upon approval by the senate and assembly. No
    12  readoption shall be filed with the secretary of state unless the  agency
    13  has  submitted  a notice of proposed rule making pursuant to subdivision
    14  one of this section and such readoption has been approved by the  senate
    15  and the assembly. No second or subsequent readoption shall be filed with
    16  the  secretary  of  state  unless the agency at the same time submits an
    17  assessment of public comments prepared  pursuant  to  paragraph  (b)  of
    18  subdivision five of this section and such subsequent readoption has been
    19  approved by the senate and assembly.
    20    § 2.  This act shall take effect immediately.