NY State Senate Bill 2023-S2249

Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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 03, 2024	referred to commerce, economic development and small business
Jan 19, 2023	referred to commerce, economic development and small business

co-Sponsors

2023-S2249 (ACTIVE) - Details

See Assembly Version of this Bill:: A4170
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act
Versions Introduced in 2021-2022 Legislative Session:: S7607, A8603

2023-S2249 (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.

2023-S2249 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2249

SPONSOR: O'MARA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill ensures that any agency that readopts an emergency regulation
beyond the initial ninety-day period must have legislative authority for
such action.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that when an emergency rule has been implemented by
an agency and the agency thereafter seeks to extend the rule by readopt-
ing it, it must be approved by a concurrent resolution of the senate and
assembly. In addition, the readoption of the emergency rule shall remain
in effect for no longer than thirty days. An extension through
readoption may be sought before the initial ninety-day period ends.

Section 2 This act shall take effect immediately.

 
JUSTIFICATION:

New York State is governed by three co-equal branches of government.
While emergency powers and executive orders are sometimes needed in the
face of a crisis, the shift of power that has occurred during the
COVID-19 pandemic response has subjugated not just the legislature, but
the entire population, to emergency rules by state agencies without
public or legislative input. This is not how New York State was designed
to be governed nor should it be.

This bill would return New York to a system of checks and balances where
State agencies take unilateral action to extend emergency rules without
proper review. The legislature does not need to abdicate its role and
delegate its authority for an effective response to any emergency.  By
returning power to the legislature and instituting a system of reason-
able checks over state agencies we will ensure that the citizens of this
state are properly represented.

 
PRIOR LEGISLATIVE HISTORY:

2021: S7607

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2023-S2249 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2249
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05436-01-3

 S. 2249                             2
 
 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.
   (e)  If,  prior  to the expiration of a rule adopted pursuant to para-
 graph (a) of this subdivision, the agency finds that the  readoption  of
 such rule on an emergency basis is necessary for the preservation of the
 public  health,  safety  or  general welfare, the agency may readopt the
 rule on an emergency basis UPON APPROVAL BY THE SENATE AND ASSEMBLY.  No
 readoption  shall be filed with the secretary of state unless the agency
 has submitted a notice of proposed rule making pursuant  to  subdivision
 one  of this section AND SUCH READOPTION HAS BEEN APPROVED BY THE SENATE
 AND THE ASSEMBLY. No second or subsequent readoption shall be filed with
 the secretary of state unless the agency at the  same  time  submits  an
 assessment  of  public  comments  prepared  pursuant to paragraph (b) of
 subdivision five of this section AND SUCH SUBSEQUENT READOPTION HAS BEEN
 APPROVED BY THE SENATE AND ASSEMBLY.
   § 2.  This act shall take effect immediately.

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Senate Bill S2249

Sponsored By

Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

co-Sponsors

2023-S2249 (ACTIVE) - Details

2023-S2249 (ACTIVE) - Summary

2023-S2249 (ACTIVE) - Sponsor Memo

2023-S2249 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2249

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Sponsored By

Thomas F. O'Mara

Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

co-Sponsors

Mark Walczyk

2023-S2249 (ACTIVE) - Details

2023-S2249 (ACTIVE) - Summary

2023-S2249 (ACTIVE) - Sponsor Memo

2023-S2249 (ACTIVE) - Bill Text download pdf

Comments