Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 01, 2018 |
print number 8470a |
May 01, 2018 |
amend and recommit to governmental operations |
Jan 03, 2018 |
referred to governmental operations |
Jun 16, 2017 |
referred to governmental operations |
Assembly Bill A8470A
2017-2018 Legislative Session
Sponsored By
SCHIMMINGER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2017-A8470 - Details
- See Senate Version of this Bill:
- S5912
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd §202, St Ad Proc Act
2017-A8470 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8470 2017-2018 Regular Sessions I N A S S E M B L Y June 16, 2017 ___________ Introduced by M. of A. SCHIMMINGER -- read once and referred to the Committee on Governmental Operations 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: Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of the state administrative procedure act, paragraph (a) as added by chap- ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483 of the laws of 1988, are amended to read as follows: (a) Notwithstanding any other provision of law, if an agency finds FOR A GOOD CAUSE that the immediate adoption of a rule is necessary for the preservation of the public health, safety or general welfare [and that compliance with the requirements of subdivision one of this section would be contrary to the public interest, the agency may dispense with all or part of such requirements and adopt the rule on an emergency basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS: (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO PUBLIC HEALTH OR SAFETY; OR (II) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE WITH A JUDICIAL DECISION, FEDERAL OR STATE LAW; OR (III) THE DELAY IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR (IV) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING PROCEDURE PROVIDED IN SUBDIVISION ONE OF THIS SECTION WOULD LEAD TO IRREPARABLE INJURY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11460-04-7
co-Sponsors
Raymond Walter
2017-A8470A (ACTIVE) - Details
- See Senate Version of this Bill:
- S5912
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd §202, St Ad Proc Act
2017-A8470A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8470--A 2017-2018 Regular Sessions I N A S S E M B L Y June 16, 2017 ___________ Introduced by M. of A. SCHIMMINGER -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of the state administrative procedure act, paragraph (a) as added by chap- ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483 of the laws of 1988, are amended to read as follows: (a) Notwithstanding any other provision of law, if an agency finds FOR A GOOD CAUSE that the immediate adoption of a rule is necessary for the preservation of the public health, safety or general welfare [and that compliance with the requirements of subdivision one of this section would be contrary to the public interest, the agency may dispense with all or part of such requirements and adopt the rule on an emergency basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS: (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT; OR (II) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE WITH A JUDICIAL DECISION, FEDERAL OR STATE LAW; OR (III) THE DELAY IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING 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. LBD11460-06-8
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