New York S 1503: Relates to a state agency adopting emergency regulations

Bill Text

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S01503 Summary:

BILL NOS01503 

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SAME ASSAME AS A02411

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SPONSORO'MARA

&nbsp

COSPNSRWALCZYK

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MLTSPNSR

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Amd §202, St Ad Proc Act

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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 S01503 Actions:

BILL NOS01503 

&nbsp

01/10/2025REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

01/07/2026REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Go to topS01503 Committee&nbspVotes:

Go to topS01503 Floor&nbspVotes:

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

Go to topS01503 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1503

 2025-2026 Regular Sessions

 IN SENATE

 January 10, 2025
 ___________

 Introduced by Sens. O'MARA, WALCZYK -- read twice and ordered printed,
 and when printed to be committed to the Committee on Commerce, Econom-
 ic Development 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.
 LBD04427-01-5

 S. 1503 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 read