Bill Text: NY S05912 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to agencies adopting emergency rules.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2018-05-09 - referred to governmental operations [S05912 Detail]
Download: New_York-2017-S05912-Amended.html
Bill Title: Relates to agencies adopting emergency rules.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2018-05-09 - referred to governmental operations [S05912 Detail]
Download: New_York-2017-S05912-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5912--A 2017-2018 Regular Sessions IN SENATE May 5, 2017 ___________ Introduced by Sens. JACOBS, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third read- ing, amended and ordered reprinted, retaining its place in the order of third reading 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: 1 Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of 2 the state administrative procedure act, paragraph (a) as added by chap- 3 ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483 4 of the laws of 1988, are amended to read as follows: 5 (a) Notwithstanding any other provision of law, if an agency finds for 6 a good cause that the immediate adoption of a rule is necessary for the 7 preservation of the public health, safety or general welfare [and that8compliance with the requirements of subdivision one of this section9would be contrary to the public interest, the agency may dispense with10all or part of such requirements and adopt the rule on an emergency11basis], and one or more of the following conditions are met, the agency 12 may dispense with all or part of the requirements of subdivision one of 13 this section and adopt the rule on an emergency basis: 14 (i) the usual rule making procedures are impractical because there is 15 an emergency that poses an imminent and actual threat to public health 16 or safety; or 17 (ii) the delay involved in adopting the rule through the usual rule 18 making procedure would cause the agency to be out of compliance with a 19 judicial decision, federal or state law; or 20 (iii) the delay in adopting the rule through the usual rule making 21 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. LBD11460-02-7S. 5912--A 2 1 (iv) the delay involved in adopting the rule through the usual rule 2 making procedure provided in subdivision one of this section would lead 3 to irreparable injury. 4 (a-1) Within thirty days of the adoption of the emergency rule, the 5 agency shall separately submit a notice of proposed rule making for such 6 rule to the secretary of state to commence the usual rule making proce- 7 dures set forth in subdivision one of this section. 8 (b) Unless otherwise provided by law, such emergency rule shall not 9 remain in effect for longer than ninety days after being filed with the 10 secretary of state unless within such time the agency complies with the 11 requirements of subdivision one of this section and adopts the rule 12 pursuant to the provisions of subdivision five of this section, 13 provided, however, if such emergency rule is readopted prior to the 14 expiration of such ninety day period such readoption and any subsequent 15 readoptions shall remain in effect for no longer than sixty days. Upon 16 any readoption, the agency shall publish and make available to the 17 public an assessment of public comments received on the emergency rule 18 or the separate notice of proposed rulemaking for such rule. The agency 19 may adopt the rule for two additional sixty day periods. At the end of 20 the third sixty day emergency period the agency must adopt the rule 21 permanently or the rule shall be deemed to be expired. 22 § 2. This act shall take effect immediately.