senate Bill S5657B

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2014 referred to governmental operations
May 13, 2014 delivered to assembly
passed senate
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.113
Jan 29, 2014 print number 5657b
amend and recommit to commerce, economic development and small business
Jan 17, 2014 print number 5657a
amend and recommit to commerce, economic development and small business
Jan 08, 2014 referred to commerce, economic development and small business
Jan 08, 2014 returned to senate
died in assembly
Jun 10, 2013 referred to governmental operations
delivered to assembly
passed senate
Jun 04, 2013 ordered to third reading cal.1040
May 31, 2013 referred to rules

Votes

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Feb 4, 2014 - Commerce, Economic Development and Small Business committee Vote

S5657B
7
2
committee
7
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Feb 4, 2014

aye wr (1)

Jun 4, 2013 - Rules committee Vote

S5657
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

view additional co-sponsors

S5657 - Bill Details

See Assembly Version of this Bill:
A7935B
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 6 §§601 & 602, St Ad Proc Act

S5657 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5657

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 19 members, nine of whom would be appointed by the
Governor, four of whom would be appointed by the Temporary President
of the Senate, four 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, 2013.

EXISTING LAW:

The State Administrative Procedure Act was originally enacted in 1975
and governs the administrative rulemaking, adjudicatory and licensing
processes of state agencies.

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

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5657

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced  by  Sens.  GALLIVAN,  MARCHIONE,  CARLUCCI -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11348-01-3

S. 5657                             2

RULES,  REGULATIONS AND LICENSES THAT ARE OVERLY BURDENSOME ON REGULATED
ENTITIES.
  2.  THE  TASK FORCE SHALL BE COMPOSED OF NINETEEN MEMBERS APPOINTED AS
FOLLOWS:  NINE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST TWO  OF  WHOM
SHALL  BE  CHOSEN  FROM AMONG THE COMMISSIONERS OF AGENCIES WITH SIGNIF-
ICANT REGULATORY OVERSIGHT; FOUR  MEMBERS  APPOINTED  BY  THE  TEMPORARY
PRESIDENT  OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF
THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION; FOUR MEMBERS  APPOINTED
BY  THE  SPEAKER  OF  THE  ASSEMBLY,  ONE OF WHICH SHALL BE THE ASSEMBLY
CHAIRPERSON 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  REPRE-
SENTATIVE 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 THIRTEEN, 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.

Co-Sponsors

view additional co-sponsors

S5657A - Bill Details

See Assembly Version of this Bill:
A7935B
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 6 §§601 & 602, St Ad Proc Act

S5657A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5657A

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, 2014.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5657--A

                       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

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11348-02-4

S. 5657--A                          2

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 FOURTEEN, 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.

Co-Sponsors

view additional co-sponsors

S5657B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7935B
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 6 §§601 & 602, St Ad Proc Act

S5657B (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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