Bill Text: NY S05912 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5912--B
            Cal. No. 979
                               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 -- again 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 that
     8  compliance with the requirements of  subdivision  one  of  this  section
     9  would  be  contrary to the public interest, the agency may dispense with
    10  all or part of such requirements and adopt  the  rule  on  an  emergency
    11  basis],  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11460-03-7
        S. 5912--B                          2
     1    (iii)  the  delay  in  adopting the rule through the usual rule making
     2  procedure would result in a loss of federal funds; or
     3    (iv)  the  delay  involved in adopting the rule through the usual rule
     4  making procedure provided in subdivision one of this section would  lead
     5  to irreparable injury.
     6    (a-1)  Within  thirty  days of the adoption of the emergency rule, the
     7  agency shall separately submit a notice of proposed rule making for such
     8  rule to the secretary of state to commence the usual rule making  proce-
     9  dures set forth in subdivision one of this section.
    10    (b)  Unless  otherwise  provided by law, such emergency rule shall not
    11  remain in effect for longer than ninety days after being filed with  the
    12  secretary  of state unless within such time the agency complies with the
    13  requirements of subdivision one of this  section  and  adopts  the  rule
    14  pursuant  to  the  provisions  of  subdivision  five  of  this  section,
    15  provided, however, if such emergency rule  is  readopted  prior  to  the
    16  expiration  of such ninety day period such readoption and any subsequent
    17  readoptions shall remain in effect for no longer than sixty days.   Upon
    18  any  readoption,  the  agency  shall  publish  and make available to the
    19  public an assessment of public comments received on the  emergency  rule
    20  or  the separate notice of proposed rulemaking for such rule.  The emer-
    21  gency rule may remain in effect, at the latest, for as long as the sepa-
    22  rate notice of proposed rulemaking remains in effect pursuant to  subdi-
    23  vision  two  of  this  section.  When  the  separate  notice of proposed
    24  rulemaking expires pursuant to subdivision  two  of  this  section,  the
    25  emergency  rule shall also expire and be ineffective for the purposes of
    26  this section.
    27    § 2. This act shall take effect immediately.