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Int 1878-2020

City administrative procedure act.

IntroductionEnactedCommittee on Governmental Operationsintroduced 2020-02-11Local Law 2020/104

Enacted as Local Law 2020/104.

Official record · Legistar

Agenda: 2020-02-11Passed: 2020-10-17Enacted: 2020-10-17

Summary

This bill would amend the City Administrative Procedure Act to grant New York City agencies, as a default, express authority to promulgate rules before a local law’s effective date. The Council would retain the power to prohibit or require pre-effective date rulemaking.

Committee on Governmental OperationsMunicipal governmental structure and organization, Department of Citywide Administrative Services, Office of Administrative Trials and Hearings, Community Boards, Tax Commission, Board of Standards and Appeals, Campaign Finance Board, Board of Elections, Voter Assistance Commission, Commission on Public Information and Communication, Department of Records and Information Services, Financial Information Services Agency and Law Department.

How it compares

22% of similar bills passed

11 passed · 39 died

This bill: 217 days in committee

Similar bills: median 691 days · 131 days when passed

Sponsors (3)

Lifecycle

IntroducedIntroduced by Council
2020-02-11 · City Council
ActionReferred to Comm by Council
2020-02-11 · City Council
HeardHearing Held by Committee
2020-02-12 · Committee on Governmental Operations
HeldLaid Over by Committee
2020-02-12 · Committee on Governmental Operations
HeardHearing Held by Committee
2020-09-16 · Committee on Governmental Operations
ActionAmendment Proposed by Comm
2020-09-16 · Committee on Governmental Operations
ActionAmended by Committee
2020-09-16 · Committee on Governmental Operations
AdvancedApproved by Committee
2020-09-16 · Committee on Governmental Operations
AdvancedApproved by Council
2020-09-16 · City Council
ActionSent to Mayor by Council
2020-09-16 · City Council
ActionReturned Unsigned by Mayor
2020-10-16 · City Council
AdvancedCity Charter Rule Adopted
2020-10-17 · Administration

Votes (57)

Aye (53)
Francisco P. MoyaYdanis A. RodriguezRobert E. Cornegy, Jr.Corey D. JohnsonAdrienne E. AdamsAlicka Ampry-Samuel Diana I. AyalaInez D. BarronJoseph C. BorelliJustin L. BrannanFernando Cabrera Margaret S. ChinAndrew CohenCosta G. ConstantinidesLaurie A. CumboChaim M. DeutschRuben Diaz, Sr.Daniel Dromm Mathieu EugeneVanessa L. GibsonMark Gjonaj Barry S. GrodenchikRobert F. HoldenBen KallosAndy L. KingPeter A. KooKaren KoslowitzRory I. LancmanBrad S. LanderStephen T. LevinMark LevineFarah N. LouisSteven MatteoCarlos MenchacaI. Daneek MillerBill PerkinsKeith Powers Antonio ReynosoDonovan J. RichardsCarlina Rivera Deborah L. RoseHelen K. RosenthalRafael Salamanca, Jr.Mark TreygerEric A. UlrichPaul A. ValloneJames G. Van BramerAlan N. MaiselFernando Cabrera Ben KallosAlan N. MaiselBill PerkinsKeith Powers
Nay (2)
Kalman Yeger Kalman Yeger
Absent (1)
Ydanis A. Rodriguez
Not voting (1)
Ritchie J. Torres

Heard at (4)

City Council · 2020-09-16 · 1:30 PM · - REMOTE HEARING (VIRTUAL ROOM 1) -
Committee on Governmental Operations · 2020-09-16 · 11:00 AM · - REMOTE HEARING (VIRTUAL ROOM 1) -
Committee on Governmental Operations · 2020-02-12 · 1:00 PM · 250 Broadway - Committee Rm, 14th Fl.
City Council · 2020-02-11 · 1:30 PM · Council Chambers - City Hall

Attachments (20)

Full text
Be it enacted by the Council as follows: Section 1. Subdivision a of section 1043 of the New York city charter, as amended by local law number 42 for the year 1989, is amended to read as follows: a. Authority. 1. Each agency is empowered to adopt rules necessary to carry out the powers and duties delegated to it by or pursuant to federal, state or local law. No agency shall adopt a rule except pursuant to this section. Each such rule shall be simply written, using ordinary language where possible. 2. Subject to paragraph 1 of subdivision f, each agency may adopt rules necessary to carry out the power and duties delegated to it by a local law that has not yet gone into effect, except as otherwise provided by law. � 2. Paragraph 1 of subdivision f of section 1043 of the New York city charter, as amended by local law number 42 for the year 1989, subdivision f as relettered by local law number 46 for the year 2010, is amended to read as follows: 1. No rule shall be effective until (a) the rule is filed by the agency with the corporation counsel for publication in the Compilation, (b) the rule and a statement of basis and purpose is transmitted to the council for its information, (c) in the case of a rule adopted pursuant to one or more provisions of a local law, the effective date of the section or sections of the local law that added such provision or provisions, and [(c)] (d) the rule and a statement of basis and purpose have been published in the City Record and thirty days have elapsed after such publication. The requirement that thirty days shall first elapse after such publication shall not apply where a finding that a substantial need for the earlier implementation of a program or policy has been made by the agency in writing and has been approved by the mayor prior to the effective date of the rule and such finding and approval is contained in the notice. � 3. This local law takes effect immediately. LS #3343 GZ/JJD/dfc/cjm 08/13/2020