NY State Assembly Bill 2011-A9274B

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 03, 2012	signed chap.462
Sep 21, 2012	delivered to governor
Jun 19, 2012	returned to assembly repassed senate 3rd reading cal.771 substituted for s6447b
Jun 14, 2012	committed to rules returned to senate repassed assembly
Jun 11, 2012	amended on third reading 9274b
Jun 11, 2012	vote reconsidered - restored to third reading returned to assembly recalled from senate
May 21, 2012	referred to commerce, economic development and small business delivered to senate passed assembly
May 17, 2012	advanced to third reading cal.594
May 15, 2012	reported
May 02, 2012	print number 9274a
May 02, 2012	amend and recommit to ways and means
May 01, 2012	reported referred to ways and means
Feb 13, 2012	referred to governmental operations

Votes

- Jun 19, 2012 - Floor Vote
  A9274B
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley

Bill Amendments

Original

B (Active)

2011-A9274 - Details

See Senate Version of this Bill:: S6447
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994

2011-A9274 - Summary

Provides for more effective review of existing rules; requires more frequent review of certain rules and publication of agencies which fail to review rules; extends certain provisions relating to the state register.

2011-A9274 - Bill Text download pdf

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

                                  9274

                          I N  A S S E M B L Y

                            February 13, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to amend the state administrative procedure act, in relation to
  continuing improvements to agency  regulatory  agendas  and  providing
  more  effective  review of existing rules; and to amend chapter 402 of
  the laws of 1994, amending  the  state  administrative  procedure  act
  relating  to  requiring  certain agencies to submit regulatory agendas
  for publication in the state register, in relation  to  extending  the
  expiration of certain provisions of such chapter

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

  Section 1. Paragraph (a) of subdivision 1  of  section  202-d  of  the
state  administrative  procedure  act,  as amended by chapter 193 of the
laws of 2008, is amended to read as follows:
  (a) The departments of health, education,  [insurance,]  environmental
conservation,  FINANCIAL  SERVICES,  labor,  [banking,]  agriculture and
markets, motor vehicles and state, the offices of  children  and  family
services  and  temporary  and disability assistance, and the division of
housing and community renewal and the workers'  compensation  board  and
any  other  department  specified by the governor or his designee shall,
and any other agency may, in its discretion, submit to the secretary  of
state,  for publication in the first regular issue of the state register
published during the month of January and the last regular issue of  the
state  register  published  in  June,  a regulatory agenda to afford the
agency an opportunity to solicit comments concerning any rule which  the
agency  is  considering  proposing,  but for which no notice of proposed
rule making has been submitted pursuant to subdivision  one  of  section
two hundred two of this article.
  S  2.  Subdivision 1 of section 207 of the state administrative proce-
dure act, as added by chapter 262 of the laws of  1996,  is  amended  to
read as follows:
  1.  Unless  the  contrary is specifically provided by another law, any
rule which is adopted on or after the effective  date  of  this  section
shall  be  reviewed  IN  THE  CALENDAR  YEAR  SPECIFIED IN THE NOTICE OF

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

                                                           LBD14123-02-2

A. 9274                             2

ADOPTION FOR THE RULE, PROVIDED THAT AT A MINIMUM EVERY  RULE  SHALL  BE
INITIALLY  REVIEWED  after five years, and, thereafter, EVERY RULE SHALL
BE RE-REVIEWED at five-year intervals. FOR ANY RULE FOR WHICH A  REGULA-
TORY FLEXIBILITY ANALYSIS, RURAL AREA FLEXIBILITY ANALYSIS OR JOB IMPACT
STATEMENT  IS  PREPARED, THE INITIAL REVIEW SHALL OCCUR AFTER TWO YEARS;
PROVIDED, HOWEVER, THAT THE AGENCY MAY PROPOSE A DIFFERENT REVIEW PERIOD
IN SUCH ANALYSIS OR STATEMENT, ALONG WITH ITS  JUSTIFICATION  FOR  DOING
SO, AND SHALL INVITE PUBLIC COMMENT THEREON. THE REVIEW PERIOD SPECIFIED
FOR  THE  RULE  AND  AN  ASSESSMENT  OF ANY COMMENTS ON THIS ISSUE SHALL
ACCOMPANY THE NOTICE OF ADOPTION.
  S 3. Subdivision 2 of section 207 of the state  administrative  proce-
dure  act,  as amended by chapter 327 of the laws of 2003, is amended to
read as follows:
  2. An agency shall submit for publication  in  the  regulatory  agenda
published in January pursuant to section two hundred two-d of this arti-
cle  a  list of the rules which must be reviewed pursuant to subdivision
one of this section in the ensuing calendar year.  In  addition  to  the
information required by such section two hundred two-d, for each rule so
listed  the  agency  shall provide an analysis of the need for and legal
basis of such rule, shall invite public comment on the  continuation  or
modification of the rule and shall indicate the last date for submission
of  comments  which shall be not less than forty-five days from the date
of publication. AN AGENCY THAT PUBLISHES ITS REGULATORY  AGENDA  ON  ITS
WEBSITE  SHALL  ALSO  PUBLISH  THE  LIST  OF RULES THAT MUST BE REVIEWED
PURSUANT TO THIS SECTION ON ITS  WEBSITE.  IF  THE  ORIGINAL  NOTICE  OF
PROPOSED  RULE  MAKING  FOR  A LISTED RULE REQUIRED THE PREPARATION OF A
REGULATORY FLEXIBILITY ANALYSIS AND/OR A RURAL AREA  FLEXIBILITY  ANALY-
SIS,  THE  AGENCY SHALL SO INDICATE AND SHALL PROVIDE OUTREACH AS APPRO-
PRIATE TO POTENTIALLY AFFECTED SMALL BUSINESSES, LOCAL  GOVERNMENTS  AND
PUBLIC  AND  PRIVATE  INTERESTS  IN  RURAL  AREAS THAT THE RULE IS BEING
REVIEWED. SUCH OUTREACH MAY INCLUDE SOLICITATION OF INPUT THROUGH  ELEC-
TRONIC  MEANS OR THROUGH ANY OF THE ACTIVITIES LISTED IN SUBDIVISION SIX
OF SECTION TWO HUNDRED  TWO-B  AND  SUBDIVISION  SEVEN  OF  SECTION  TWO
HUNDRED TWO-BB OF THIS ARTICLE.
  S  4. Section 207 of the state administrative procedure act is amended
by adding a new subdivision 6 to read as follows:
  6. BEGINNING WITH THE FIRST ISSUE  IN  SEPTEMBER  OF  EACH  YEAR,  THE
SECRETARY OF STATE SHALL PUBLISH IN THE STATE REGISTER ON A WEEKLY BASIS
A DELINQUENT LIST COMPRISED OF AGENCIES THAT HAVE NOT COMMENCED A REVIEW
AS  REQUIRED  BY  THIS SECTION. AN AGENCY SHALL CONTINUE TO BE LISTED ON
THE DELINQUENT LIST UNTIL IT HAS PUBLISHED THE NOTICE REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION.
  S 5. Section 2 of chapter 402 of the laws of 1994, amending the  state
administrative  procedure  act relating to requiring certain agencies to
submit regulatory agendas for publication  in  the  state  register,  as
amended  by  chapter  193  of  the  laws  of 2008, is amended to read as
follows:
  S 2. This act shall take effect on the  first  day  of  November  next
succeeding the date on which it shall have become a law and shall expire
and  be  deemed repealed on December 31, [2012] 2016, and upon such date
the provisions of subdivisions 1 and 2 of section  202-d  of  the  state
administrative procedure act as amended by section one of this act shall
revert  to and be read as set out in law on the date immediately preced-
ing such effective date.
  S 6. This act shall take effect on  the  first  day  of  January  next
succeeding the date on which it shall have become  law, provided, howev-

A. 9274                             3

er,  that  the amendments to subdivision 1 of section 202-d of the state
administrative procedure act made by section one of this act  shall  not
affect  the expiration of such subdivision and shall be deemed to expire
therewith.

co-Sponsors

2011-A9274A - Details

See Senate Version of this Bill:: S6447
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994

2011-A9274A - Summary

2011-A9274A - Bill Text download pdf

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

                                 9274--A

                          I N  A S S E M B L Y

                            February 13, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Governmental  Operations -- reported and referred to the Committee
  on Ways and Means  --  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
  continuing improvements to agency  regulatory  agendas  and  providing
  more  effective  review of existing rules; and to amend chapter 402 of
  the laws of 1994, amending  the  state  administrative  procedure  act
  relating  to  requiring  certain agencies to submit regulatory agendas
  for publication in the state register, in relation  to  extending  the
  expiration of certain provisions of such chapter

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 202-d of
the state administrative procedure act, as amended by chapter 193 of the
laws of 2008, are amended to read as follows:
  (a) The departments of health, education,  [insurance,]  environmental
conservation,  FINANCIAL  SERVICES,  labor,  [banking,]  agriculture and
markets, motor vehicles and state, the offices of  children  and  family
services  and  temporary  and disability assistance, and the division of
housing and community renewal and the workers'  compensation  board  and
any  other  department  specified by the governor or his OR HER designee
shall, and any other agency may, in its discretion, submit to the secre-
tary of state, for publication in the first regular issue of  the  state
register  published  during  the  month  of January and the last regular
issue of the state register published in June, a  regulatory  agenda  to
afford the agency an opportunity to solicit comments concerning any rule
which  the  agency  is considering proposing, but for which no notice of
proposed rule making has been submitted pursuant to subdivision  one  of
section two hundred two of this article.
  (b)  A  regulatory  agenda  shall  be  comprised  of  a list and brief
description of subject matter being considered for rule making  and  the
name, public office, address, E-MAIL ADDRESS and telephone number of the
agency  representative,  knowledgeable  on  such regulatory agenda, from

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

                                                           LBD14123-03-2

A. 9274--A                          2

whom any information may be obtained and to whom written comments may be
submitted concerning such regulatory  agenda.  [An  e-mail  address  for
requests  for  information  and  submission  of  comments  may  also  be
included.]
  S  2.  Subdivision 1 of section 207 of the state administrative proce-
dure act, as added by chapter 262 of the laws of  1996,  is  amended  to
read as follows:
  1.  Unless  the  contrary is specifically provided by another law, any
rule which is adopted on or after the effective  date  of  this  section
shall  be  reviewed  IN  THE  CALENDAR  YEAR  SPECIFIED IN THE NOTICE OF
ADOPTION FOR THE RULE, PROVIDED THAT AT A MINIMUM EVERY  RULE  SHALL  BE
INITIALLY  REVIEWED  after five years, and, thereafter, EVERY RULE SHALL
BE RE-REVIEWED at five-year intervals. FOR ANY RULE FOR WHICH A  REGULA-
TORY FLEXIBILITY ANALYSIS, RURAL AREA FLEXIBILITY ANALYSIS OR JOB IMPACT
STATEMENT  IS  PREPARED, THE INITIAL REVIEW SHALL OCCUR AFTER TWO YEARS;
PROVIDED, HOWEVER, THAT THE AGENCY MAY PROPOSE A DIFFERENT REVIEW PERIOD
OF NOT MORE THAN FIVE YEARS IN SUCH ANALYSIS OR  STATEMENT,  ALONG  WITH
ITS JUSTIFICATION FOR DOING SO, AND SHALL INVITE PUBLIC COMMENT THEREON.
THE  REVIEW  PERIOD  SPECIFIED  FOR  THE  RULE  AND AN ASSESSMENT OF ANY
COMMENTS ON THIS ISSUE SHALL ACCOMPANY THE NOTICE OF ADOPTION.
  S 3. Subdivision 2 of section 207 of the state  administrative  proce-
dure  act,  as amended by chapter 327 of the laws of 2003, is amended to
read as follows:
  2. An agency shall submit for publication  in  the  regulatory  agenda
published in January pursuant to section two hundred two-d of this arti-
cle  a  list of the rules which must be reviewed pursuant to subdivision
one of this section in the ensuing calendar year.  In  addition  to  the
information required by such section two hundred two-d, for each rule so
listed  the  agency  shall provide an analysis of the need for and legal
basis of such rule, shall invite public comment on the  continuation  or
modification of the rule and shall indicate the last date for submission
of  comments  which shall be not less than forty-five days from the date
of publication. AN AGENCY THAT PUBLISHES ITS REGULATORY  AGENDA  ON  ITS
WEBSITE  PURSUANT  TO  PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION TWO
HUNDRED TWO-D OF THIS ARTICLE SHALL ALSO PUBLISH THE LIST OF RULES  THAT
MUST  BE  REVIEWED  PURSUANT  TO  THIS  SECTION  ON  ITS WEBSITE. IF THE
ORIGINAL NOTICE OF PROPOSED RULE MAKING FOR A LISTED RULE  REQUIRED  THE
PREPARATION  OF  A  REGULATORY  FLEXIBILITY ANALYSIS AND/OR A RURAL AREA
FLEXIBILITY ANALYSIS, THE AGENCY SHALL SO  INDICATE  AND  SHALL  PROVIDE
OUTREACH  AS APPROPRIATE TO POTENTIALLY AFFECTED SMALL BUSINESSES, LOCAL
GOVERNMENTS AND PUBLIC AND PRIVATE INTERESTS IN  RURAL  AREAS  THAT  THE
RULE  IS BEING REVIEWED. SUCH OUTREACH MAY INCLUDE SOLICITATION OF INPUT
THROUGH ELECTRONIC MEANS OR THROUGH ANY  OF  THE  ACTIVITIES  LISTED  IN
SUBDIVISION  SIX  OF  SECTION TWO HUNDRED TWO-B AND SUBDIVISION SEVEN OF
SECTION TWO HUNDRED TWO-BB OF THIS ARTICLE.
  S 4. Section 207 of the state administrative procedure act is  amended
by adding a new subdivision 6 to read as follows:
  6.  BEGINNING  WITH  THE  FIRST  ISSUE  IN SEPTEMBER OF EACH YEAR, THE
SECRETARY OF STATE SHALL PUBLISH IN THE STATE REGISTER ON A WEEKLY BASIS
A DELINQUENT LIST COMPRISED OF AGENCIES THAT HAVE NOT SUBMITTED  A  LIST
OF  RULES  WHICH MUST BE REVIEWED AS REQUIRED BY THIS SECTION. AN AGENCY
SHALL CONTINUE TO  BE  LISTED  ON  THE  DELINQUENT  LIST  UNTIL  IT  HAS
PUBLISHED THE NOTICE REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
  S  5. Section 2 of chapter 402 of the laws of 1994, amending the state
administrative procedure act relating to requiring certain  agencies  to
submit  regulatory  agendas  for  publication  in the state register, as

A. 9274--A                          3

amended by chapter 193 of the laws  of  2008,  is  amended  to  read  as
follows:
  S  2.  This  act  shall  take effect on the first day of November next
succeeding the date on which it shall have become a law and shall expire
and be deemed repealed on December 31, [2012] 2016, and upon  such  date
the  provisions  of  subdivisions  1 and 2 of section 202-d of the state
administrative procedure act as amended by section one of this act shall
revert to and be read as set out in law on the date immediately  preced-
ing such effective date.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that  the  amendments  to  subdivision  1  of section 202-d of the state
administrative procedure act made by section one of this act  shall  not
affect  the expiration of such subdivision and shall be deemed to expire
therewith.

co-Sponsors

2011-A9274B (ACTIVE) - Details

See Senate Version of this Bill:: S6447
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §§202-d & 207, St Ad Proc Act; amd §2, Chap 402 of 1994

2011-A9274B (ACTIVE) - Summary

2011-A9274B (ACTIVE) - Bill Text download pdf

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

                                 9274--B
                                                        Cal. No. 594

                          I N  A S S E M B L Y

                            February 13, 2012
                               ___________

Introduced  by  M.  of A. LAVINE, P. RIVERA -- read once and referred to
  the Committee on Governmental Operations -- reported and  referred  to
  the Committee on Ways and Means -- committee discharged, bill amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  passed by Assembly and delivered to  the  Senate,  recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the state administrative procedure act, in  relation  to
  continuing  improvements  to  agency  regulatory agendas and providing
  more effective review of existing rules; and to amend chapter  402  of
  the  laws  of  1994,  amending  the state administrative procedure act
  relating to requiring certain agencies to  submit  regulatory  agendas
  for  publication  in  the state register, in relation to extending the
  expiration of certain provisions of such chapter

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

  Section  1.  Paragraphs  (a),  (b) and (c) of subdivision 1 of section
202-d of the state administrative procedure act, as amended  by  chapter
193 of the laws of 2008, are amended to read as follows:
  (a)  The  departments of health, education, [insurance,] environmental
conservation, FINANCIAL  SERVICES,  labor,  [banking,]  agriculture  and
markets,  motor  vehicles  and state, the offices of children and family
services and temporary and disability assistance, [and] the division  of
housing  and  community renewal and the workers' compensation board, and
any other department specified by the governor or his  OR  HER  designee
shall, and any other agency may, in its discretion, submit to the secre-
tary  of  state, for publication in the first regular issue of the state
register published during the month of  January  and  the  last  regular
issue  of  the  state register published in June, a regulatory agenda to
[afford the agency an opportunity to] solicit  comments  concerning  any
rule  which  the  agency  is considering [proposing] TO PROPOSE, but for
which no notice of proposed rule making has been submitted  pursuant  to
subdivision one of section two hundred two of this article.

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

                                                           LBD14123-08-2

A. 9274--B                          2

  (b)  A  regulatory  agenda  shall  be  comprised  of  a list and brief
description of subject matter being considered for rule making  and  the
name, public office, address, E-MAIL ADDRESS and telephone number of the
agency  representative,  knowledgeable  on  such regulatory agenda, from
whom any information may be obtained and to whom written comments may be
submitted  concerning  such  regulatory  agenda.  [An e-mail address for
requests  for  information  and  submission  of  comments  may  also  be
included.]
  (c)  Agencies  shall  publish  the  regulatory agendas AND INFORMATION
RELATED TO SUCH AGENDAS on their respective  websites  [whenever  feasi-
ble].  An  agency  [that  publishes its regulatory agenda on its website
shall have the  option  of  maintaining]  MAY  MAINTAIN  a  continuously
updated regulatory agenda, wherein a description of a rule is added when
the agency begins to consider proposing it and is removed when the agen-
cy  PROPOSES  SUCH  RULE  OR  is no longer considering [proposing it] TO
PROPOSE SUCH A RULE.  Such description shall identify the date on  which
the  description  is  first  listed  in  the regulatory agenda and shall
conspicuously indicate that the description has been newly listed for  a
period of not less than thirty days after such date. In any year that an
agency  maintains a continuously updated regulatory agenda, it shall not
be required to publish a regulatory agenda in the last regular issue  of
the  state  register in June. The agency shall inform the public that it
maintains an updated regulatory agenda on its website and shall list the
address of its website in a notice published with the regulatory  agenda
such  agency  submits for publication in January. The secretary of state
shall republish this notice in the last regular issue in June.
  S 2. Subdivision 1 of section 207 of the state  administrative  proce-
dure  act,  as  added  by chapter 262 of the laws of 1996, is amended to
read as follows:
  1. (A) Unless the contrary is specifically provided by  PARAGRAPH  (B)
OF  THIS  SUBDIVISION OR BY another law, any rule which is adopted on or
after the effective date of this section shall be reviewed IN THE CALEN-
DAR YEAR SPECIFIED IN THE NOTICE OF ADOPTION FOR THE RULE, PROVIDED THAT
AT A MINIMUM EVERY RULE SHALL BE INITIALLY REVIEWED NO LATER THAN IN THE
FIFTH CALENDAR YEAR after [five years] THE YEAR IN  WHICH  THE  RULE  IS
ADOPTED,  and,  thereafter, EVERY RULE SHALL BE RE-REVIEWED at five-year
intervals.
  (B) FOR ANY RULE FOR WHICH A REGULATORY  FLEXIBILITY  ANALYSIS,  RURAL
AREA  FLEXIBILITY  ANALYSIS  OR  JOB  IMPACT  STATEMENT IS REQUIRED, THE
INITIAL REVIEW SHALL OCCUR NO LATER THAN  IN  THE  THIRD  CALENDAR  YEAR
AFTER THE YEAR IN WHICH THE RULE IS ADOPTED; PROVIDED, HOWEVER, THAT THE
AGENCY  MAY PROPOSE A DIFFERENT REVIEW PERIOD IN SUCH ANALYSIS OR STATE-
MENT, ALONG WITH ITS JUSTIFICATION FOR DOING SO, AND SHALL INVITE PUBLIC
COMMENT THEREON. THE REVIEW PERIOD SPECIFIED FOR THE RULE AND AN ASSESS-
MENT OF ANY COMMENTS  ON  THIS  ISSUE  SHALL  ACCOMPANY  THE  NOTICE  OF
ADOPTION.
  S  3.  Subdivision 2 of section 207 of the state administrative proce-
dure act, as amended by chapter 327 of the laws of 2003, is  amended  to
read as follows:
  2.  An  agency  shall  submit for publication in the regulatory agenda
published in January pursuant to section two hundred two-d of this arti-
cle a list of the rules which must be reviewed pursuant  to  subdivision
one  of  this  section  in the ensuing calendar year. In addition to the
information required by such section two hundred two-d, for each rule so
listed the agency shall provide an analysis of the need  for  and  legal
basis  of  such rule, shall invite public comment on the continuation or

A. 9274--B                          3

modification of the rule and shall indicate the last date for submission
of comments which shall be not less than forty-five days from  the  date
of publication. AN AGENCY SHALL ALSO PUBLISH THE LIST OF RULES THAT MUST
BE  REVIEWED  PURSUANT  TO  THIS SECTION ON ITS WEBSITE. IF THE ORIGINAL
NOTICE OF PROPOSED RULE MAKING FOR A LISTED RULE REQUIRED  THE  PREPARA-
TION  OF  A  REGULATORY  FLEXIBILITY  ANALYSIS, A RURAL AREA FLEXIBILITY
ANALYSIS, OR A JOB IMPACT STATEMENT, THE AGENCY SHALL  SO  INDICATE  AND
SHALL  PROVIDE  OUTREACH  AS  APPROPRIATE  TO POTENTIALLY AFFECTED SMALL
BUSINESSES, LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE INTERESTS IN  RURAL
AREAS  THAT THE RULE IS BEING REVIEWED. SUCH OUTREACH MAY INCLUDE SOLIC-
ITATION OF INPUT THROUGH ELECTRONIC MEANS OR THROUGH ANY OF  THE  ACTIV-
ITIES  LISTED IN SUBDIVISION SIX OF SECTION TWO HUNDRED TWO-B AND SUBDI-
VISION SEVEN OF SECTION TWO HUNDRED TWO-BB OF THIS ARTICLE.
  S 4. Section 2 of chapter 402 of the laws of 1994, amending the  state
administrative  procedure  act relating to requiring certain agencies to
submit regulatory agendas for publication  in  the  state  register,  as
amended  by  chapter  193  of  the  laws  of 2008, is amended to read as
follows:
  S 2. This act shall take effect on the  first  day  of  November  next
succeeding the date on which it shall have become a law and shall expire
and  be  deemed repealed on December 31, [2012] 2016, and upon such date
the provisions of subdivisions 1 and 2 of section  202-d  of  the  state
administrative procedure act as amended by section one of this act shall
revert  to and be read as set out in law on the date immediately preced-
ing such effective date.
  S 5. This act shall take effect immediately,  provided,  however  that
sections  one,  two and three of this act shall take effect on the first
of January next succeeding the date on which it shall have become a law;
provided, further, that section two of this act shall apply to any  rule
adopted on or after such date; and provided, further that the amendments
to  subdivision 1 of section 202-d of the state administrative procedure
act made by section one of this act shall not affect the  expiration  of
such subdivision and shall be deemed to expire therewith.

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Assembly Bill A9274B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 19, 2012 - Floor Vote

Floor Vote: Jun 19, 2012

Bill Amendments

2011-A9274 - Details

2011-A9274 - Summary

2011-A9274 - Bill Text download pdf

co-Sponsors

2011-A9274A - Details

2011-A9274A - Summary

2011-A9274A - Bill Text download pdf

co-Sponsors

2011-A9274B (ACTIVE) - Details

2011-A9274B (ACTIVE) - Summary

2011-A9274B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9274B

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Sponsored By

LAVINE

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2011-A9274 - Details

2011-A9274 - Summary

2011-A9274 - Bill Text download pdf

co-Sponsors

Peter Rivera

2011-A9274A - Details

2011-A9274A - Summary

2011-A9274A - Bill Text download pdf

co-Sponsors

Peter Rivera

2011-A9274B (ACTIVE) - Details

2011-A9274B (ACTIVE) - Summary

2011-A9274B (ACTIVE) - Bill Text download pdf

Comments