senate Bill S6501

Provides a procedure for delaying the effective date of proposed agency rules

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Sponsor

Co-Sponsors

Bill Status


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

  • 30 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Feb / 2014
    • 1ST REPORT CAL.116
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Provides a procedure for delaying the effective date of proposed agency rules.

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Bill Details

See Assembly Version of this Bill:
A8969
Versions:
S6501
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยง202, St Ad Proc Act

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:S6501

TITLE OF BILL: An act to amend the state administrative procedure
act, in relation to providing a procedure for delaying the effective
date of proposed agency rules

PURPOSE: To provide a procedure for delaying the effective date of a
proposed agency ruling.

SUMMARY OF PROVISIONS:

Section 1 amends Section 202 of the State Administrative Procedure Act
by adding a new subdivision 10 to allow the delay of agency rule
making by 90 days beyond that permitted in this section, so long as
two-thirds of ARRC membership votes in approval. Notice of an
effective date that was delayed under this provision shall be
published in the New York State Register.

Section 2 states the act shall take effect immediately.

EXISTING LAW: SAPA has no provisions to allow for formal requests to
delay agency rule makings.

JUSTIFICATION: Occasionally, agencies will propose regulations that
create severe controversy or may be drafted in such a way as to
contain a flaw or flaws in the processes that the proposed rule making
attempts to correct. For this reason, ARRC needs the ability to delay
a proposed rule's effective date by 90 days to discuss alternatives to
correct matters for all parties involved.

LEGISLATIVE HISTORY: This is a new bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

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

                                  6501

                            I N  S E N A T E

                            January 30, 2014
                               ___________

Introduced  by Sens. MARCHIONE, VALESKY -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Commerce,
  Economic Development and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  providing a procedure for delaying  the  effective  date  of  proposed
  agency rules

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

  Section 1. Section 202 of the state administrative  procedure  act  is
amended by adding a new subdivision 10 to read as follows:
  10.  DELAY. UPON THE VOTE OF TWO-THIRDS OF ITS MEMBERS THE ADMINISTRA-
TIVE REGULATIONS REVIEW COMMISSION MAY DELAY THE  EFFECTIVE  DATE  OF  A
RULE  FOR  NINETY DAYS BEYOND THAT PERMITTED IN THIS SECTION, UNLESS THE
RULE WAS PROMULGATED UNDER  SUBDIVISION  SIX  OF  THIS  SECTION.    THIS
PROVISION  SHALL  BE  UTILIZED BY THE COMMISSION ONLY IF FURTHER TIME IS
NECESSARY TO STUDY AND EXAMINE THE RULE. NOTICE  OF  AN  EFFECTIVE  DATE
THAT WAS DELAYED UNDER THIS PROVISION SHALL BE PUBLISHED IN THE NEW YORK
STATE REGISTER.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10102-01-3

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