senate Bill S5657B

Establishes a task force for the review of the state administrative procedure act

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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

  • 31 / May / 2013
    • REFERRED TO RULES
  • 04 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1040
  • 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
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 17 / Jan / 2014
    • PRINT NUMBER 5657A
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 29 / Jan / 2014
    • PRINT NUMBER 5657B
  • 04 / Feb / 2014
    • 1ST REPORT CAL.113
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 13 / May / 2014
    • PASSED SENATE
  • 13 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 14 / May / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Establishes a task force for the review of the state administrative procedure act.

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Bill Details

See Assembly Version of this Bill:
A7935B
Versions:
S5657
S5657A
S5657B
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 6 ยงยง601 & 602, St Ad Proc Act

Sponsor Memo

BILL NUMBER:S5657B

TITLE OF BILL: An act to amend the state administrative procedure
act, in relation to establishing a task force for the review of the
state administrative procedure act

PURPOSE: Amends the state administrative procedure act, in relation
to establishing a task force for the review of the state
administrative procedure act to examine, evaluate, and make
recommendations concerning the efficiency of the rulemaking process,
whether this act ensures the establishment of consistent, uniform
rules, and whether the statutory process results in rules,
regulations, and licenses that are overly burdensome on regulated
entities.

SUMMARY OF PROVISIONS: This bill would establish the Task Force for
Review of the State Administrative Procedure Act (SAPA) that would be
tasked with conducting a comprehensive review of the efficacy of SAPA.
The Task Force would be required to examine, evaluate, and make
recommendations concerning the efficiency of the rulemaking process,
whether this act ensures the establishment of consistent, uniform
rules, and whether the statutory process results in rules,
regulations, and licenses that are overly burdensome on regulated
entities. The Task Force would be comprised of 9 members, three of
whom would be appointed by the Governor, two of whom would be
appointed by the Temporary President of the Senate, two of whom would
be appointed by the Speaker of the Assembly, one of whom would be
appointed by the minority leader of the Senate, and one of whom would
be appointed by the minority leader of the Assembly. The Task Force
would be required to issue a report on or before December 31, 2015.

JUSTIFICATION: The State Administrative Procedure Act was first
enacted in 1975 to create a uniform, consistent process to
administrative rulemaking, adjudication, and licensing. Since 1975,
this act has been amended numerous times but there has never been a
comprehensive review of the efficacy of the act in its entirety. It is
in the public interest to have such a comprehensive review to ensure
that administrative rulemaking, adjudication, and licensing is
consistent, uniform, and not unnecessarily burdensome for regulated
entities.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately

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

                                 5657--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced by Sens. GALLIVAN, MARCHIONE, CARLUCCI, BALL, GRISANTI, VALE-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Rules  --  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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the state administrative procedure act, in  relation  to
  establishing  a  task force for the review of the state administrative
  procedure act

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

  Section 1. The state administrative procedure act is amended by adding
a new article 6 to read as follows:
                                ARTICLE 6
     TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT
SECTION 601. LEGISLATIVE INTENT.
        602. TASK  FORCE  FOR  THE  REVIEW  OF  THE STATE ADMINISTRATIVE
               PROCEDURE ACT.
  S 601. LEGISLATIVE INTENT. THE STATE ADMINISTRATIVE PROCEDURE ACT  WAS
FIRST  ENACTED  IN  NINETEEN  HUNDRED  SEVENTY-FIVE TO CREATE A UNIFORM,
CONSISTENT  PROCESS  TO  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION   AND
LICENSING. SINCE NINETEEN HUNDRED SEVENTY-FIVE THIS ACT HAS BEEN AMENDED
NUMEROUS  TIMES  BUT  THERE HAS NEVER BEEN A COMPREHENSIVE REVIEW OF THE
EFFICACY OF THE ACT IN ITS ENTIRETY. THE LEGISLATURE  HEREBY  FINDS  AND
DECLARES  THAT IT IS IN THE PUBLIC INTEREST TO HAVE SUCH A COMPREHENSIVE
REVIEW  TO  ENSURE  THAT  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION  AND
LICENSING  IS  CONSISTENT, UNIFORM, AND NOT UNNECESSARILY BURDENSOME FOR
REGULATED ENTITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11348-04-4

S. 5657--B                          2

  S 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE
ACT. 1.  THERE SHALL BE ESTABLISHED A TASK FORCE FOR THE REVIEW  OF  THE
STATE ADMINISTRATIVE PROCEDURE ACT ("TASK FORCE"). SUCH TASK FORCE SHALL
EXAMINE,  EVALUATE AND MAKE RECOMMENDATIONS CONCERNING THE EFFICIENCY OF
THE  RULEMAKING  PROCESS,  WHETHER THIS ACT ENSURES THE ESTABLISHMENT OF
CONSISTENT, UNIFORM RULES AND WHETHER THE STATUTORY PROCESS  RESULTS  IN
RULES,  REGULATIONS AND LICENSES THAT ARE OVERLY BURDENSOME ON REGULATED
ENTITIES.
  2. THE TASK FORCE SHALL BE  COMPOSED  OF  NINE  MEMBERS  APPOINTED  AS
FOLLOWS:   THREE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST ONE OF WHOM
SHALL BE CHOSEN FROM AMONG THE COMMISSIONERS OF  AGENCIES  WITH  SIGNIF-
ICANT REGULATORY OVERSIGHT; TWO MEMBERS APPOINTED BY THE TEMPORARY PRES-
IDENT  OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF THE
ADMINISTRATIVE REGULATORY REVIEW COMMISSION; TWO  MEMBERS  APPOINTED  BY
THE  SPEAKER  OF THE ASSEMBLY, ONE OF WHICH SHALL BE THE ASSEMBLY CHAIR-
PERSON OF THE ADMINISTRATIVE REGULATORY REVIEW  COMMISSION;  ONE  MEMBER
APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY. THE GOVERNOR SHALL DESIGNATE THE
CHAIR  OF  THE TASK FORCE. ALL APPOINTED MEMBERS OF THE TASK FORCE SHALL
HAVE EXPERIENCE IN REGULATORY OR ADMINISTRATIVE LAW, OR EXPERIENCE IN  A
FIELD  REGULATED  BY  MULTIPLE  STATE  AGENCIES,  OR A REPRESENTATIVE OF
ORGANIZED LABOR IN A REGULATED FIELD.
  3. THE TASK FORCE SHALL HOLD PUBLIC HEARINGS THROUGHOUT THE STATE  AND
SHALL  HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE LEGIS-
LATIVE LAW.  THE TASK FORCE SHALL CONSULT  WITH  MEMBERS  OF  THE  SMALL
BUSINESS  AND  AGRICULTURAL COMMUNITIES AND REGULATED ENTITIES AND CITI-
ZENS FROM EVERY REGION OF THE STATE.
  4. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE  TASK
FORCE  SHALL  PROVIDE  A  WRITTEN  REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  AND  THE  CHAIR-
PERSONS  OF  THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION. THE REPORT
SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  RECOMMENDATIONS  FOR  SPECIFIC
AMENDMENTS  TO  THIS  ACT  AS WELL AS ANY ADDITIONAL RECOMMENDATIONS THE
TASK FORCE DEEMS RELEVANT. ANY  RECOMMENDATIONS  SHALL  INCORPORATE  THE
FOLLOWING PRINCIPLES: (A) AGENCIES SHOULD CONDUCT RISK ASSESSMENTS BASED
ON  THE BEST-AVAILABLE DATA AND SCIENCE; (B) AGENCIES SHOULD ENSURE THAT
A FULL COST BENEFIT ANALYSIS IS UNDERTAKEN FOR  MAJOR  REGULATIONS;  (C)
THE  RULEMAKING  PROCESS MUST INCLUDE AN OBJECTIVE, TRANSPARENT PEER AND
PUBLIC REVIEW; (D) REGULATIONS SHOULD  BE  SUBJECT  TO  LEGISLATIVE  AND
JUDICIAL  OVERSIGHT  AND  REVIEW;  AND  (E)  AGENCIES  SHOULD PRIORITIZE
COMPLIANCE OVER ENFORCEMENT.
  5. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
REQUEST  AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI-
TIES, RESOURCES AND DATA OF  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
OR PUBLIC AUTHORITY THEREOF AS IT MAY REASONABLY REQUEST  TO  CARRY  OUT
PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION.
  S 2. This act shall take effect immediately.

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