Assembly Bill A8470A

2017-2018 Legislative Session

Relates to agencies adopting emergency rules

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Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

2017-A8470 - Details

See Senate Version of this Bill:
S5912
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

2017-A8470 - Summary

Relates to agencies adopting emergency rules.

2017-A8470 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8470
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   agencies adopting emergency rules
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (a) and (b) of subdivision 6 of section  202  of
 the  state administrative procedure act, paragraph (a) as added by chap-
 ter 17 of the laws of 1984 and paragraph (b) as amended by  chapter  483
 of the laws of 1988, are amended to read as follows:
   (a) Notwithstanding any other provision of law, if an agency finds FOR
 A  GOOD CAUSE 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  subdivision one of this section
 would be contrary to the public interest, the agency may  dispense  with
 all  or  part  of  such  requirements and adopt the rule on an emergency
 basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE  AGENCY
 MAY  DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF
 THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
   (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE  IS
 AN  EMERGENCY  THAT POSES AN IMMINENT AND ACTUAL THREAT TO PUBLIC HEALTH
 OR SAFETY; OR
   (II) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH  THE  USUAL  RULE
 MAKING  PROCEDURE  WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE WITH A
 JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
   (III) THE DELAY IN ADOPTING THE RULE THROUGH  THE  USUAL  RULE  MAKING
 PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
   (IV)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
 MAKING PROCEDURE PROVIDED IN SUBDIVISION ONE OF THIS SECTION WOULD  LEAD
 TO IRREPARABLE INJURY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11460-04-7

co-Sponsors

2017-A8470A (ACTIVE) - Details

See Senate Version of this Bill:
S5912
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

2017-A8470A (ACTIVE) - Summary

Relates to agencies adopting emergency rules.

2017-A8470A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8470--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to amend the state administrative procedure act, in relation to
   agencies adopting emergency rules
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
 the state administrative procedure act, paragraph (a) as added by  chap-
 ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
 of the laws of 1988, are amended to read as follows:
   (a) Notwithstanding any other provision of law, if an agency finds FOR
 A GOOD CAUSE 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  subdivision  one  of  this  section
 would  be  contrary to the public interest, the agency may dispense with
 all or part of such requirements and adopt  the  rule  on  an  emergency
 basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
 MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
 THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
   (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
 AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
 OR SAFETY OR THE ENVIRONMENT; OR
   (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
 MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
 JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
   (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
 PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11460-06-8

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