NY State Senate Bill S7098

Archive: Last Bill Status Via A9615 - Signed by Governor

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

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 09, 2016	signed chap.305
Aug 30, 2016	delivered to governor
Jun 01, 2016	returned to assembly passed senate 3rd reading cal.890 substituted for s7098
Jun 01, 2016	substituted by a9615
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.890
Mar 24, 2016	referred to commerce, economic development and small business

Votes

view votes

Jun 1, 2016 - floor Vote

A9615

floor

Aye

Nay

Absent

Excused

Abstained

May 17, 2016 - Commerce, Economic Development and Small Business committee Vote

S7098

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S7098 (ACTIVE) - Details

See Assembly Version of this Bill:: A9615
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

S7098 (ACTIVE) - Summary

Makes the text of emergency rules available online.

S7098 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S7098

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to making the text of emergency rules available
online

 PURPOSE :

This bill amends the State Administrative Procedure Act (SAPA) to
require that the full text of every emergency rule must be readily
available to the public, either through publication in the State
Register or posting on a state agency website.

 SUMMARY OF PROVISIONS :

Bill § 1 amends SAPA § 202(6)(d)(vii) to require that a notice of
emergency adoption include an identification of the web address of the
website (if any) on which the full text of the emergency rule has been
posted.

§ Bill § 2 adds a new § 202(6)(f) to require that, when an agency
elects to have only a description and summary of a lengthy emergency
rule (over 2000 words), the full text of the rule shall be posted on a
website maintained by the agency or another state entity as soon as
practicable, but not later than the date the notice of emergency
adoption is published in the state register.

 JUSTIFICATION :

When an agency finds that the immediate adoption of a rule is
necessary for the preservation of the public health, safety or general
welfare, and that compliance with the requirements of SAPA for prior
notice and an opportunity for public comment would be contrary to the
public interest, it may dispense with such requirements and adopt the
rule on an emergency basis. Emergency rules can become effective
immediately upon filing with the Secretary of State.

When a proposed rule is more than 2000 words and an agency publishes a
summary in the State Register, SAPA includes provisions requiring
agencies to either post the full text online or provide additional
time for public comment. No similar provision exists to encourage
agencies to post the text of emergency rules online. It is as
important, if not more important, for regulated parties and the public
to obtain ready access to those rules that were deemed to require
immediate adoption. By requiring that the full text of any summarized
emergency rule must be posted as soon as practicable, but not later
than the date the notice of emergency adoption is published in the
State Register, this bill will facilitate this goal.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The first day of January after having become a law, and applicable to
any emergency rule filed with the Secretary of State on or after such
date.

S7098 (ACTIVE) - Bill Text download pdf

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

                                  7098

                            I N  S E N A T E

                             March 24, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  making the text of emergency rules available online

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (vii)  of paragraph (d) of subdivision 6 of
section 202 of the state administrative procedure act, as added by chap-
ter 17 of the laws of 1984 and renumbered by chapter 850 of the laws  of
1990, is amended to read as follows:
  (vii)  contain  the  complete  text  of the rule as adopted, provided,
however, if such text exceeds  two  thousand  words,  the  notice  shall
contain only a description of the subject, purpose and substance of such
rule  in  less than two thousand words AND SHALL IDENTIFY THE ADDRESS OF
THE WEBSITE, IF ANY, ON WHICH THE FULL TEXT HAS BEEN POSTED;
  S 2. Subdivision 6 of section 202 of the state  administrative  proce-
dure act is amended by adding a new paragraph (f) to read as follows:
  (F)  WHEN THE NOTICE OF EMERGENCY ADOPTION CONTAINS ONLY A DESCRIPTION
OF THE SUBJECT, PURPOSE AND SUBSTANCE OF THE RULE AS PROVIDED IN SUBPAR-
AGRAPH (VII) OF PARAGRAPH (D) OF THIS SUBDIVISION, THE FULL TEXT OF  THE
RULE  SHALL  BE  POSTED ON A WEBSITE MAINTAINED BY THE AGENCY OR ANOTHER
STATE ENTITY AS SOON AS PRACTICABLE, BUT NOT LATER  THAN  THE  DATE  THE
NOTICE OF EMERGENCY ADOPTION IS PUBLISHED IN THE STATE REGISTER.
  S  3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law, and shall  apply  to
any  emergency  rule  filed with the secretary of state on or after such
date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14387-01-6

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The New York State Senate

senate Bill S7098

Sponsored By

Archive: Last Bill Status Via A9615 - Signed by Governor

Your Voice

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Votes

Jun 1, 2016 - floor Vote

Floor Vote: Jun 1, 2016

May 17, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 17, 2016

Co-Sponsors

S7098 (ACTIVE) - Details

S7098 (ACTIVE) - Summary

S7098 (ACTIVE) - Sponsor Memo

S7098 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7098

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Sponsored By

Terrence Murphy

Archive: Last Bill Status Via A9615 - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2016 - floor Vote

Floor Vote: Jun 1, 2016

May 17, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 17, 2016

Co-Sponsors

Brad Hoylman-Sigal

George Latimer

S7098 (ACTIVE) - Details

S7098 (ACTIVE) - Summary

S7098 (ACTIVE) - Sponsor Memo

S7098 (ACTIVE) - Bill Text download pdf

Comments