Bill Text: NY S02249 | 2023-2024 | General Assembly | Introduced

---

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 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S02249 Detail]

Download: New_York-2023-S02249-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2249

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     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
    23  of  subdivision  one  of  this  section  would be contrary to the public
    24  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

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