senate Bill S5166A

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:
A7986A
Versions:
S5166
S5166A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Economic Development

Votes

7
2
7
Aye
2
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Commerce, Economic Development and Small Business committee vote details

Sponsor Memo

BILL NUMBER:S5166A

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should or could be repealed, for the Department of Economic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 8/31/2014 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 11/30/2014. ARRC shall also review the
lists and make similar recommendations.

Section 3 of the bill requires the Governor, by 12/31/2014, 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, 2015.

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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced by Sens. MARCHIONE, BALL, GALLIVAN, GRISANTI, RITCHIE -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Commerce, Economic  Development  and  Small  Business  --
  recommitted  to  the  Committee  on Commerce, Economic Development and
  Small Business in accordance with Senate Rule 6, sec. 8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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, 2014, 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, 2014, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10777-02-4

S. 5166--A                          2

  S 3. a. On or before December 31, 2014, 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
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, 2015, 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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