New York A 2411: Relates to a state agency adopting emergency regulations

Bill Text

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A02411 Summary:

BILL NOA02411 

&nbsp

SAME ASSAME AS S01503

&nbsp

SPONSORRa

&nbsp

COSPNSRPalmesano, Gandolfo, Miller, Manktelow, Morinello, Reilly, Brabenec, Durso, Tague, McDonough,
 Giglio, Hawley, Lemondes, Jensen, Simpson, Mikulin, Friend

&nbsp

MLTSPNSR

&nbsp

Amd §202, St Ad Proc Act

&nbsp

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.

Go to top A02411 Actions:

BILL NOA02411 

&nbsp

01/16/2025referred to governmental operations

04/02/2025held for consideration in governmental operations

01/07/2026referred to governmental operations

Go to topA02411 Committee&nbspVotes:

Committee:GOVERNMENTAL OPERATIONS Chair:McDonald 
DATE:04/02/2025AYE/NAY:10/4 Action: Held for Consideration McDonaldAyeBeephanNay

GlickAyeSimpsonNay

KimAyeNovakhovNay

Bichotte HermelAyeNorberNay

WilliamsAye

RagaAye

SimoneAye

ShimskyAye

KassayAye

BurroughsAye

Go to topA02411 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02411 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2411

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. RA, PALMESANO, GANDOLFO, MILLER, MANKTELOW, MORI-
 NELLO, REILLY, BRABENEC, DURSO, TAGUE, McDONOUGH, GIGLIO, HAWLEY,
 LEMONDES, JENSEN, SIMPSON, MIKULIN -- 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:

 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04427-01-5

 A. 2411 2

 1 interest, then the readoption of such rule shall require the approval of
 2 the senate and assembly by concurrent resolution, and such emergency
 3 rule is readopted prior to the expiration of such ninety day period such
 4 readoption and any subsequent readoptions shall remain in effect for no
 5 longer than [sixty] thirty days.
 6 (e) If, prior to the expiration of a rule adopted pursuant to para-
 7 graph (a) of this subdivision, the agency finds that the readoption of
 8 such rule on an emergency basis is necessary for the preservation of the
 9 public health, safety or general welfare, the agency may readopt the
 10 rule on an emergency basis upon approval by the senate and assembly. No
 11 readoption sha