senate Bill S5166

Amended

Relates to rules and regulations of the state; requires recommendations on repealing unnecessary or otherwise burdensome rules and regulations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / May / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 04 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1033
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 15 / Jan / 2014
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 15 / Jan / 2014
    • PRINT NUMBER 5166A
  • 04 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to rules and regulations of the state; requires recommendations on repealing unnecessary or otherwise burdensome rules and regulations; requires the repeal of such rules or regulations by the governor.

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Bill Details

See Assembly Version of this Bill:
A7986
Versions:
S5166
S5166A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Economic Development

Sponsor Memo

BILL NUMBER:S5166

TITLE OF BILL: An act relating to rules and regulations of the state

PURPOSE: This bill seeks to start the process of repealing, agency
rules and regulations that are an impediment to economic growth and
job creation by establishing a timetable for state agencies to
identify rules that should or could be repealed, for the Department of
Economic Development to review and make recommendations with respect
to such rules, to have the Governor identify at least 1,000 rules to
repeal and for repeal of the identified rules.

SUMMARY OF PROVISIONS:

Section 1 of the bill directs state agencies, departments, public
benefit corporations and authorities to submit to the Governor, the
legislative leaders and ARRC by 8/31/2013 a comprehensive list of
adopted rules and regulations, an explanation of the agency's need for
each such rule or regulation, and those no longer necessary with a
recommendation for repeal.

Section 2 requires the Department of Economic Development to review
the lists established pursuant to section 1 and to make recommendation
for repeal of rules or regulations that are an impediment to economic
growth and job creation by 11/30/2013. ARRC shall also review the
lists and make similar recommendations.

Section 3 of the bill requires the Governor, by 12/31/2013, to
identify at least 1,000 rules or regulations to repeal, including any
that are an impediment to economic growth and job creation.

Section 4 of the bill requires the Governor to repeal at least 1,000
rules or regulations, following SAPA procedures, by April 1, 2014.

EXISTING LAW: Current law does not provide either a requirement or
timetable for repeal of unnecessary state rules and regulations and
those that are impediments to economic growth and job creation.

JUSTIFICATION: New York's Code of Rules and Regulations is comprised
of 23 Titles in 83 volumes. This legislation is modeled on a
successful effort in the State of Florida that led to more than 3,000
rules and regulations being identified for repeal or revision.
Excessive state agency rules and regulations add costs to small
business, stifle innovation and make New York less competitive than
other states. In order to create a pro- job growth climate in this
state, we need to clear away all unnecessary state regulation that
serves no legitimate government purpose.

LEGISLATIVE HISTORY: This is a new bill.

EFFECTIVE DATE: Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5166

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Commerce, Economic Devel-
  opment and Small Business

AN ACT relating to rules and regulations of the state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Every state agency, department, public benefit corporation,
or  authority  with  legislative authorization to promulgate regulations
shall prepare and submit to the governor,  temporary  president  of  the
senate,  speaker  of  the  assembly,  minority leaders of the senate and
assembly, commissioners of the Administrative Regulations Review Commis-
sion (ARRC), and the department of economic development,  on  or  before
August 31, 2013, the following:
  a. a comprehensive list of their adopted rules and regulations;
  b.  an explanation of the agency's or authority's need for the rule or
regulation; and
  c. if no longer necessary, a recommendation for repeal.
  S 2. On or before November 30, 2013, the department of economic devel-
opment shall review the lists developed pursuant to section one of  this
act and make recommendations to repeal regulations that otherwise are an
impediment  to  economic  growth  and job creation. The department shall
consult with local and regional economic development entities  prior  to
issuing  its  recommendation.  The  chairpersons  of ARRC shall likewise
review the lists developed pursuant to section one of this act and  make
recommendations  to  repeal regulations that otherwise are an impediment
to economic growth and job creation.
  S 3. a. On or before December 31, 2013, the governor shall identify at
least one thousand adopted rules or regulations to repeal, including any
rule or regulation that is an impediment  to  economic  growth  and  job
creation, which is not outweighed by substantial state regulatory inter-
est.  The  governor  shall  provide a copy of this list to the temporary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10777-01-3

S. 5166                             2

president of the senate, speaker of the assembly,  minority  leaders  of
the senate and assembly, commissioners of the Administrative Regulations
Review Commission (ARRC), and the department of economic development.
  b. Such rules and regulations identified for repeal shall be published
in the state register for a period of no less than forty-five days.
  S  4.  On  or before April 1, 2014, the governor shall repeal at least
one thousand rules or regulations in accordance with established  proce-
dure set out in subdivision 1 of section 202 of the state administrative
procedure act.
  S 5. This act shall take effect immediately.

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