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Who cares
Headline styles
Sponsors
2 Co-sponsors
History
- Substituted by A9615
- Advanced to third reading
- 2nd report cal.
- 1st report cal.890
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Makes the text of emergency rules available online
Signed by Governor · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the state administrative procedure act, in relation to making the text of emergency rules available online
Purpose
This bill amends the State Administrative Procedure Act (SAPA) to require that the full text of every emergency rule must be readily available to the public, either through publication in the State Register or posting on a state agency website.
Summary of provisions
Bill § 1 amends SAPA § 202(6)(d)(vii) to require that a notice of emergency adoption include an identification of the web address of the website (if any) on which the full text of the emergency rule has been posted.
§ Bill § 2 adds a new § 202(6)(f) to require that, when an agency elects to have only a description and summary of a lengthy emergency rule (over 2000 words), the full text of the rule shall be posted on a website maintained by the agency or another state entity as soon as practicable, but not later than the date the notice of emergency adoption is published in the state register.
Justification
When an agency finds 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 SAPA for prior notice and an opportunity for public comment would be contrary to the public interest, it may dispense with such requirements and adopt the rule on an emergency basis. Emergency rules can become effective immediately upon filing with the Secretary of State.
When a proposed rule is more than 2000 words and an agency publishes a summary in the State Register, SAPA includes provisions requiring agencies to either post the full text online or provide additional time for public comment. No similar provision exists to encourage agencies to post the text of emergency rules online. It is as important, if not more important, for regulated parties and the public to obtain ready access to those rules that were deemed to require immediate adoption. By requiring that the full text of any summarized emergency rule must be posted as soon as practicable, but not later than the date the notice of emergency adoption is published in the State Register, this bill will facilitate this goal.
Legislative history
New bill
Fiscal implications
None.
Effective date
The first day of January after having become a law, and applicable to any emergency rule filed with the Secretary of State on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.