Palmesano, Miller M, Gandolfo, Miller B, Manktelow, Morinello, Reilly, Montesano, Brabenec, Durso,
Tague, Byrnes, Giglio JM, McDonough, Giglio JA, Lawler, Hawley, Lemondes, Jensen, Simpson, Goodell,
Norris, Walczyk, Mikulin
MLTSPNSR
Amd 202, St Ad Proc Act
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8603
SPONSOR: Ra TITLE OF BILL:
An act to amend the state administrative procedure act, in relation to a
state agency adopting emergency regulations
PURPOSE OR GENERAL IDEA OF BILL:
This bill ensures that any agency that readopts an emergency regulation
beyond the initial ninety-day period must have legislative authority for
such action.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides that when an emergency rule has been implemented by
an agency and the agency thereafter seeks to extend the rule by readopt-
ing it, it must be approved by a concurrent resolution of the senate and
assembly. In addition, the readoption of the emergency rule shall remain
in effect for no longer than thirty days. An extension through
readoption may be sought before the initial ninety-day period ends.
Section 2 This act shall take effect immediately.
JUSTIFICATION:
New York State is governed by three co-equal branches of government.
While emergency powers and executive orders are sometimes needed in the
face of a crisis, the shift of power that has occurred during the
COVID-19 pandemic response has subjugated not just the legislature, but
the entire population, to emergency rules by state agencies without
public or legislative input. This is not how New York State was designed
to be governed nor should it be.
This bill would return New York to a system of checks 'and balances
where State agencies take unilateral action to extend emergency rules
without proper review. The legislature does not need to abdicate its
role and delegate its authority for an effective response to any emer-
gency.
By returning power to the legislature and instituting a system of
reasonable checks over state agencies we will ensure that the citizens
of this state are properly represented.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
