Senate Bill S6448

2011-2012 Legislative Session

Requires legislation which adversely affects businesses or local governments to be accompanied by a legislative regulatory impact statement

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2012	referred to investigations and government operations

co-Sponsors

2011-S6448 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add §51-a, amd §87, Leg L

2011-S6448 (ACTIVE) - Summary

Requires legislation which adversely affects businesses or local governments to be accompanied by a legislative regulatory impact statement.

2011-S6448 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6448

TITLE OF BILL:
An act to amend the legislative law, in relation to requiring bills
which enact or amend any provision of law which affects businesses or
local governments in this state to be accompanied by a legislative
regulatory impact statement

PURPOSE:
This bill amends the Legislative Law to institute procedures by which
the State Legislature must comply with in order to enact bills that
have provisions which adversely affects businesses or local
governments. This bill establishes the Legislative Regulatory Impact
Statement (LRIS).  Before a bill can be considered by the full house
in either the Assembly or Senate, a LRIS must be prepared and filed
with each chamber's leadership, the Administrative Regulations Review
Commission (ARRC), and the Senate and Assembly Commerce Committees.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Legislative Law section 51-a to require that a
bill's sponsor must prepare and file an LRIS for any bill that a) has
a significant adverse economic impact on business firms, or local
governments, b) adds significant additional reporting or record
keeping requirements on businesses or local governments, c) imposes
other mandates that could increase the cost of conducting business in

this state, d) could result in the direct loss of employment or
suppress future prospects of increased job growth, e) imposes other
adverse impacts on the economy of the state, or f) establishes a new
or additional permit, license, approval, registration, or charter
requirement for conducting any business activity in this state.

The ARRC shall review all bills that are introduced or amended to
determine if any of the criteria above have been satisfied and that
such bill should have an LRIS prepared and filed before such bill can
be considered by either house. Procedurally, ARRC must notify the bill
sponsor within 30 days of introduction that an LRIS is required,
otherwise such requirement is waived. Further, for bills and
amendments filed after May first of each legislative session, ARRC
shall notify the bill's sponsor of the need of an LRIS within 10 days
of such filing. Further, after June 15th, the ARRC review period of
time shall be within 24 hours of the bill's introduction or amendment.

For bills that have been amended and for which a LRIS has been
submitted, the ARRC can determine if such LRIS satisfies the filing
requirements for such amended version of such bill.

Upon completion of a LRIS, the bill sponsor shall file such statement
with the leadership of each house, ARRC, and the Senate and Assembly
Commerce Committees. The Senate and Assembly shall, by concurrent
resolution, adopt rules for the process for the review of LRIS and the
bills for which the LRIS relates to.

Each LRIS shall state the: a) needs and benefits of each bill, b) the
costs imposed on business firms and local governments, c) additional
paperwork or documentation required by such business firms to comply


with the terms of the bill, d) alternative approaches that could help
to minimize regulatory impacts or mandates on such businesses or local
governments, e) if the bill imposes minimum standards that exceed
already existing federal standards, and f) job impact of such bill.

Should a bill pass both houses, such LRIS shall be transmitted with
the bill and support memo to the Governor when the bill is sent to the
Governor for consideration.

Section 2: Amends Legislative Law section 87 to expand the charge of
ARRC to include minimizing the imposition of any unnecessary or
over-burdensome rules which may adversely affect the State's business
climate. Further, this provision shall mandate ARRC to implement the
provision of Legislative Law section 51-a as it relates to the LRIS.

JUSTIFICATION:
The State Legislature each year passes scores upon scores of bills
which authorize state agencies to promulgate more rules and
regulations or which establishes new programs that imposes further
mandates on small businesses or local governments to comply with.
These additional new standards, licenses, or mandates impose
additional costs upon businesses of every kind and local governments.
These additional mandates or rules and regulations often impose
additional costs on businesses that must either be absorbed or passed
upon to its customers.

What this bill does, is impose on the State Legislature, a requirement
that it should at least consider the job killing aspects of a bill
when such bill is brought to the floor for a vote or is reported from
a Legislative Committee. In a manner as is required by the Legislative
Law by sections 50, 51, and 52, to prepare and consider Fiscal Impact
Statements as it relates to bills that may adversely affect state
operations or local governments or in considering bills that provide
additional retirement benefits to public employees, this bill
institutes LRIS to disclose to state legislators the costs that such
bills may impose on the state's business community or local
governments.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1st, next succeeding the date upon which it becomes law.

2011-S6448 (ACTIVE) - Bill Text download pdf

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

                                  6448

                            I N  S E N A T E

                            February 9, 2012
                               ___________

Introduced  by  Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Investigations and Government Operations

AN  ACT  to  amend  the  legislative law, in relation to requiring bills
  which enact or amend any provision of law which affects businesses  or
  local  governments  in  this  state to be accompanied by a legislative
  regulatory impact statement

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

  Section  1.    The  legislative law is amended by adding a new section
51-a to read as follows:
  S 51-A. LEGISLATIVE REGULATORY IMPACT STATEMENTS. 1.  DEFINITIONS.  AS
USED IN THIS SECTION:
  A.  "COMMISSION"  SHALL  MEAN  THE  ADMINISTRATIVE  REGULATIONS REVIEW
COMMISSION ESTABLISHED PURSUANT TO ARTICLE FIVE-B OF THIS CHAPTER.
  B. "IMPACT STATEMENT"  SHALL  MEAN  A  LEGISLATIVE  REGULATORY  IMPACT
STATEMENT REQUIRED PURSUANT TO THIS SECTION.
  C.  "RULE"  SHALL MEAN A RULE AS DEFINED IN SUBDIVISION TWO OF SECTION
ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  D. "STATE AGENCY" SHALL MEAN AN AGENCY AS DEFINED IN  SUBDIVISION  ONE
OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  2.  A.  EVERY BILL AND AMENDMENT THEREOF INTRODUCED IN THE LEGISLATURE
WHICH, IF ENACTED INTO LAW, MAY IMPOSE OR RESULT IN  (I)  A  SIGNIFICANT
ADVERSE  ECONOMIC IMPACT ON BUSINESS FIRMS, REGARDLESS OF THEIR SIZE, IN
THIS STATE OR UPON LOCAL GOVERNMENTS;  OR  (II)  SIGNIFICANT  ADDITIONAL
REPORTING, RECORDKEEPING OR OTHER COMPLIANCE REQUIREMENT UPON BUSINESSES
IN  THIS  STATE  OR UPON LOCAL GOVERNMENTS; OR (III) OTHER MANDATES THAT
COULD INCREASE THE COST OF CONDUCTING BUSINESS IN THIS  STATE;  OR  (IV)
THE DIRECT LOSS OF EMPLOYMENT IN THIS STATE OR THE SUPPRESSING OF FUTURE
PROSPECTS  OF  INCREASED  JOB  GROWTH  IN  THIS STATE; OR (V) AN ADVERSE
IMPACT ON THE ECONOMY OF THIS STATE; OR (VI) THE ESTABLISHMENT OF NEW OR
ADDITIONAL PERMIT, LICENSE, APPROVAL, REGISTRATION OR  CHARTER  REQUIRE-
MENTS  FOR  THE CONDUCTING OF ANY BUSINESS ACTIVITY IN THIS STATE; SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14061-01-2

S. 6448                             2

BE ACCOMPANIED, ON A SEPARATE FORM, BY A LEGISLATIVE  REGULATORY  IMPACT
STATEMENT PRIOR TO ITS PASSAGE BY THE LEGISLATURE.
  B.  EVERY  BILL  AND  AMENDMENT  THEREOF INTRODUCED IN THE LEGISLATURE
SHALL, IMMEDIATELY UPON ITS PRINTING, BE DELIVERED TO THE COMMISSION FOR
A DETERMINATION BY SUCH COMMISSION OF WHETHER THE BILL OR  AMENDMENT  IS
REQUIRED  TO BE ACCOMPANIED BY AN IMPACT STATEMENT PURSUANT TO PARAGRAPH
A OF THIS SUBDIVISION.  IN THE EVENT THE COMMISSION RECEIVES  AN  AMEND-
MENT  OF A BILL FOR WHICH AN IMPACT STATEMENT EXISTS AND HAS BEEN FILED,
THE COMMISSION MAY DETERMINE THAT THE EXISTING  IMPACT  STATEMENT  OR  A
REVISED VERSION THEREOF SHALL SUFFICE FOR PURPOSES OF THIS SECTION.
  C.    FOR  EVERY  BILL  AND AMENDMENT THEREOF WHICH REQUIRES AN IMPACT
STATEMENT, THE COMMISSION SHALL, WITHIN THIRTY DAYS OF THE RECEIPT THER-
EOF, NOTIFY THE SPONSOR OF THE BILL OR AMENDMENT WHETHER IT REQUIRES  AN
IMPACT  STATEMENT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION; PROVIDED,
HOWEVER, THAT FOR BILLS AND AMENDMENTS RECEIVED ON OR AFTER  MAY  FIRST,
SUCH  NOTIFICATION  SHALL  BE  PROVIDED  WITHIN  TEN DAYS, AND FOR THOSE
RECEIVED ON OR AFTER JUNE FIFTEENTH, SUCH NOTIFICATION SHALL OCCUR WITH-
IN TWENTY-FOUR HOURS.  IN ANY INSTANCE IN WHICH THE COMMISSION FAILS  TO
COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH, THE REQUIREMENTS OF THIS
SECTION  SHALL BE DEEMED TO HAVE BEEN WAIVED WITH REGARD TO SUCH BILL OR
AMENDMENT.
  3. A. UPON RECEIPT OF NOTIFICATION FROM THE COMMISSION THAT A BILL  OR
AMENDMENT  REQUIRES AN IMPACT STATEMENT, THE SPONSOR THEREOF SHALL CAUSE
SUCH AN IMPACT STATEMENT TO BE PREPARED. UPON COMPLETION OF  THE  IMPACT
STATEMENT,  THE  SPONSOR SHALL FILE THE IMPACT STATEMENT WITH THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  COMMIS-
SION,  THE  MINORITY  LEADER  OF  THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, THE SENATE COMMITTEE ON  COMMERCE,  ECONOMIC  DEVELOPMENT  AND
SMALL  BUSINESS,  THE  ASSEMBLY  COMMITTEE  ON ECONOMIC DEVELOPMENT, JOB
CREATION, COMMERCE AND INDUSTRY, THE ASSEMBLY COMMITTEE ON  SMALL  BUSI-
NESS,  AND ANY OTHER PERSONS OR COMMITTEES AS SHALL BE PROVIDED PURSUANT
TO THE RULES OF THE SENATE AND THE RULES OF THE ASSEMBLY.  THE  LEGISLA-
TURE  SHALL BY CONCURRENT RESOLUTION ADOPT RULES PROVIDING FOR THE PROC-
ESS FOR THE REVIEW OF IMPACT STATEMENTS, AND OF THE BILLS AND AMENDMENTS
TO WHICH SUCH STATEMENTS RELATE.
  B. EACH IMPACT STATEMENT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) NEEDS AND BENEFITS. A STATEMENT SETTING FORTH THE PURPOSE,  NECES-
SITY AND BENEFITS TO BE DERIVED FROM THE PROPOSED LEGISLATION;
  (II)  COSTS. A STATEMENT DETAILING THE ESTIMATED OR PROJECTED COSTS OF
THE PROPOSED LEGISLATION WHEN ENACTED INTO  LAW.  SUCH  STATEMENT  SHALL
INCLUDE: (A) THE COSTS OF IMPLEMENTING AND THE CONTINUED COMPLIANCE WITH
THE  PROVISIONS  OF  THE  PROPOSED LEGISLATION TO REGULATED INDIVIDUALS,
BUSINESSES, LOCAL GOVERNMENTS AND/OR OTHER ENTITIES; (B)  THE  COSTS  OF
IMPLEMENTING  AND  THE  CONTINUED  COMPLIANCE WITH THE PROVISIONS OF THE
PROPOSED LEGISLATION TO AGENCIES AND LOCAL GOVERNMENTS; AND (C) INFORMA-
TION ON AND METHODOLOGY USED TO CALCULATE THE COST ANALYSIS AND PROJECT-
ED COSTS, AND THE SOURCE OR SOURCES THEREOF;
  (III) PAPERWORK OR DOCUMENTATION. A STATEMENT DESCRIBING THE NEED  FOR
AND  THE EXTENT OF ANY REPORTING AND DOCUMENTATION COSTS AND ADMINISTRA-
TIVE COSTS, AND THE NEED TO PREPARE REPORTS, FORMS AND  OTHER  PAPERWORK
THAT WILL RESULT FROM IMPLEMENTATION OF THE PROPOSED LEGISLATION;
  (IV) ALTERNATIVE APPROACHES. A STATEMENT DECLARING WHETHER ANY SIGNIF-
ICANT  ALTERNATIVES  TO THE REGULATORY PROVISIONS OF THE PROPOSED LEGIS-
LATION WERE  CONSIDERED  THAT,  WHILE  ACHIEVING  THE  PURPOSES  OF  THE
PROPOSED  LEGISLATION,  WOULD  REDUCE  OR  MINIMIZE THE ADVERSE ECONOMIC
IMPACT  THEREOF,  OR  WOULD  MINIMIZE  REGULATORY  OR  STATUTORY  COSTS,

S. 6448                             3

MANDATES,  OR  OTHER ECONOMIC OR ADMINISTRATIVE BURDENS IMPOSED UPON THE
REGULATED  INDIVIDUALS,  BUSINESSES,  LOCAL  GOVERNMENTS  AND/OR   OTHER
PARTIES;
  (V)  FEDERAL  STANDARDS.  A STATEMENT IDENTIFYING WHETHER THE PROPOSED
LEGISLATION PROVIDES FOR AN EXPANSION OF THE MINIMUM STANDARDS  REQUIRED
BY  THE  FEDERAL GOVERNMENT FOR THE SAME OR A SIMILAR SUBJECT AREA, AND,
IF SO, A DETAILED EXPLANATION OF WHY IT  IS  NECESSARY  TO  EXCEED  SUCH
MINIMUM STANDARDS; AND
  (VI)  JOB  IMPACT. A STATEMENT AFFIRMING THAT THE PROPOSED LEGISLATION
IS DRAFTED IN SUCH A MANNER AS TO MINIMIZE, TO THE MAXIMUM EXTENT  PRAC-
TICABLE, ANY UNNECESSARY OR UNREASONABLE ADVERSE IMPACT ON EXISTING JOBS
AND THE DEVELOPMENT OF EMPLOYMENT OPPORTUNITIES IN THE FUTURE.
  4.  EVERY  BILL, WHICH IS REQUIRED TO HAVE AN IMPACT STATEMENT AND HAS
PASSED BOTH HOUSES OF THE LEGISLATURE, SHALL, UPON  BEING  SENT  TO  THE
GOVERNOR  FOR  HIS OR HER APPROVAL OR VETO, INCLUDE A COPY OF THE IMPACT
STATEMENT FOR SUCH BILL.
  S 2. Subdivision 1 of section 87 of the legislative law, as  added  by
chapter  689  of the laws of 1978, is amended and a new subdivision 4 is
added to read as follows:
  1. The commission shall exercise continuous oversight of  the  process
of  rule  making  and  examine  rules,  as defined in subdivision two of
section one hundred two  of  the  state  administrative  procedure  act,
adopted or proposed by each agency with respect to (i) statutory author-
ity, (ii) compliance with legislative intent, (iii) impact on the econo-
my  and  on the government operations of the state and its local govern-
ments, [and] (iv)  MINIMIZING  THE  IMPOSITION  OF  ANY  UNNECESSARY  OR
OVER-BURDENSOME RULES WHICH ADVERSELY IMPACT EXISTING JOBS IN THE STATE,
OR WHICH DETRIMENT THE STATE'S BUSINESS CLIMATE, OR DIMINISH THE ABILITY
TO  DEVELOP  NEW EMPLOYMENT OPPORTUNITIES OR ECONOMIC EXPANSION, AND (V)
impact on affected parties; and, in  furtherance  of  such  duties,  may
examine  other issues it deems appropriate. For purpose of this article,
the term agency shall mean any department,  board,  bureau,  commission,
division, office, council, committee or officer of the state or a public
benefit corporation or public authority at least one of whose members is
appointed by the governor.
  4.    THE  COMMISSION  SHALL  COMPLY  WITH AND FULFILL ITS OBLIGATIONS
PURSUANT TO  SECTION  FIFTY-ONE-A  OF  THIS  CHAPTER.  FURTHERMORE,  THE
COMMISSION   SHALL  REVIEW  PROPOSED  LEGISLATION  TO  ENSURE  THAT  ANY
PROVISION FOR RULEMAKING THEREIN IS DRAFTED IN A MANNER SO AS  TO  MINI-
MIZE THE GRANT OF ADDITIONAL REGULATORY POWER TO STATE AGENCIES WHICH IS
LIMITED  TO  THOSE NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF
THE PROPOSED LEGISLATION.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S6448

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

co-Sponsors

2011-S6448 (ACTIVE) - Details

2011-S6448 (ACTIVE) - Summary

2011-S6448 (ACTIVE) - Sponsor Memo

2011-S6448 (ACTIVE) - Bill Text download pdf

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

co-Sponsors

Jeffrey D. Klein

Diane J. Savino

David J. Valesky

2011-S6448 (ACTIVE) - Details

2011-S6448 (ACTIVE) - Summary

2011-S6448 (ACTIVE) - Sponsor Memo

2011-S6448 (ACTIVE) - Bill Text download pdf

Comments