S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7881
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 19, 2023
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   requiring the approval of the legislature for  certain  proposed  rule
   changes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 201-b to read as follows:
   § 201-B. LEGISLATIVE APPROVAL OF CERTAIN RULES. 1. PRIOR TO  COMMENCE-
 MENT  OF THE PUBLIC COMMENT PERIOD OF A PROPOSED RULE REQUIRING LEGISLA-
 TIVE APPROVAL UNDER THIS SECTION, SUCH PROPOSED RULE SHALL  BE  APPROVED
 BY  THE  ASSEMBLY AND THE SENATE AFTER BEING SUBMITTED TO THE SPEAKER OF
 THE ASSEMBLY, THE MAJORITY LEADER OF THE ASSEMBLY, THE  MINORITY  LEADER
 OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY
 LEADER OF THE SENATE.
   2. A PROPOSED RULE SHALL REQUIRE LEGISLATIVE APPROVAL WHEN SUCH RULE:
   (A) INCLUDES CIVIL OR CRIMINAL PENALTIES;
   (B) IMPACTS CIVIL OR CRIMINAL PENALTIES;
   (C)  IMPACTS  THE FISCAL LIABILITY OR RESPONSIBILITY OF A MUNICIPALITY
 OR SCHOOL DISTRICT WITHIN THE STATE;
   (D) IMPACTS THE COSTS DUE FOR A RESIDENT OF THE STATE, INCLUDING,  BUT
 NOT LIMITED TO;
   (I) TUITION;
   (II) HUNTING LICENSE FEES; OR
   (III) DMV FEES; OR
   (E) CHANGES THE STATE'S EDUCATION CURRICULUM.
   3. A PROPOSED RULE SHALL BE APPROVED UPON THE ADOPTION OF A RESOLUTION
 SUBMITTED  BY  THE  AGENCY SEEKING TO ADOPT SUCH RULE BY SIMPLE MAJORITY
 VOTE IN THE ASSEMBLY AND A SIMPLE MAJORITY VOTE IN THE SENATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11811-01-3
 A. 7881                             2
              

 
   4. WHEN THE PROPOSED RULE IS TO BE IMPLEMENTED IN RESPONSE TO AN EMER-
 GENCY SITUATION WHERE THE RESPONSE TIME TO THE EMERGENCY  IS  OF  IMPOR-
 TANCE,  SUCH  RULE SHALL BE CONSIDERED APPROVED UNTIL SUCH TIME THAT THE
 EMERGENCY IS NO LONGER OF CONCERN, AT WHICH TIME THE RULE SHALL NO LONG-
 ER  BE  IN  EFFECT  UNLESS  AND UNTIL SUCH RULE HAS BEEN APPROVED BY THE
 LEGISLATURE.
   5. WHEN THE LEGISLATURE IS NOT SCHEDULED TO BE IN SESSION FOR THE NEXT
 MONTH, A PROPOSED RULE SHALL  BE  DEEMED  TEMPORARILY  APPROVED  BY  THE
 LEGISLATURE  UNTIL THE LEGISLATURE RETURNS TO SESSION, AT WHICH TIME THE
 PROPOSED RULE SHALL REQUIRE APPROVAL OF THE LEGISLATURE.
   § 2. This act shall take effect immediately.