assembly Bill A8603

2021-2022 Legislative Session

Relates to a state agency adopting emergency regulations

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2022 held for consideration in governmental operations
Jan 10, 2022 referred to governmental operations

Co-Sponsors

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A8603 (ACTIVE) - Details

See Senate Version of this Bill:
S7607
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

A8603 (ACTIVE) - Summary

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.

A8603 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8603
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M.  of A. RA, PALMESANO -- read once and referred to the
   Committee on Governmental 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:

   Section 1. Paragraphs (a), (b) and (e) of subdivision 6 of section 202
 of  the  state  administrative  procedure act, paragraph (a) as added by
 chapter 17 of the laws of 1984 and paragraphs (b) and (e) 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
 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  EXCEPT  WHEN  THE
 RULE TO BE ADOPTED IS AN EXISTING ADOPTED EMERGENCY REGULATION, IN WHICH
 CASE  THE  AGENCY  MAY  NOT  DISPENSE  WITH  THE  REQUIREMENTS THAT SUCH
 READOPTION BE APPROVED BY CONCURRENT RESOLUTION OF THE SENATE AND ASSEM-
 BLY.
   (b) Unless otherwise provided by law, such emergency  rule  shall  not
 remain  in effect for longer than ninety days after being filed with the
 secretary of state unless within such time the agency complies with  the
 requirements  of  subdivision  one  of  this section and adopts the rule
 pursuant  to  the  provisions  of  subdivision  five  of  this  section,
 provided,  however,  if AN AGENCY DETERMINES THE READOPTION OF SUCH RULE
 IS NECESSARY ON AN EMERGENCY BASIS FOR THE PRESERVATION  OF  THE  PUBLIC
 HEALTH,  SAFETY AND GENERAL WELFARE AND COMPLIANCE WITH THE REQUIREMENTS
 OF SUBDIVISION ONE OF THIS SECTION  WOULD  BE  CONTRARY  TO  THE  PUBLIC
 INTEREST, THEN THE READOPTION OF SUCH RULE SHALL REQUIRE THE APPROVAL OF
 THE  SENATE  AND  ASSEMBLY  BY CONCURRENT RESOLUTION, AND such emergency
 rule is readopted prior to the expiration of such ninety day period such
 readoption and any subsequent readoptions shall remain in effect for  no
 longer than [sixty] THIRTY days.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.