senate Bill S6869

2013-2014 Legislative Session

Broadens considerations required during review of existing administrative rules and during creation of new rules

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Sponsored By

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

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to governmental operations
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.401
Mar 24, 2014 referred to commerce, economic development and small business

Votes

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Apr 29, 2014 - Commerce, Economic Development and Small Business committee Vote

S6869
9
0
committee
9
Aye
0
Nay
3
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: Apr 29, 2014

aye wr (3)

Co-Sponsors

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S6869 - Details

Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยงยง207 & 202, St Ad Proc Act

S6869 - Summary

Broadens considerations required during review of existing administrative rules and during creation of new rules.

S6869 - Sponsor Memo

S6869 - Bill Text download pdf

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

                                  6869

                            I N  S E N A T E

                             March 24, 2014
                               ___________

Introduced  by  Sens.  GALLIVAN,  MARCHIONE,  VALESKY  -- read twice and
  ordered printed, 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
  review of existing rules and rule making procedure

  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 and subdivisions 2 and 4 of
section 207 of the state administrative procedure act, paragraph (a)  of
subdivision 1 and subdivision 2 as amended by chapter 462 of the laws of
2012  and  paragraph  4 as added by chapter 262 of the laws of 1996, are
amended to read as follows:
  (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 the year in which the rule  is  adopted,  and,
thereafter,  every rule shall be re-reviewed at five-year intervals. ALL
RULES ADOPTED BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL  BE
INITIALLY  REVIEWED  NO LATER THAN IN THE TWO THOUSAND NINETEEN CALENDAR
YEAR, AND, THEREAFTER, EVERY RULE  SHALL  BE  RE-REVIEWED  AT  FIVE-YEAR
INTERVALS.
  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,]: (A) THE NEED  FOR SUCH RULE, (B) THE LEGAL BASIS
OF SUCH RULE, (C) WHETHER THE RULE IS DUPLICATIVE OF ANY OTHER  RULE  OR
REGULATION,  (D) WHETHER THE RULE REFLECTS OR UTILIZES CURRENT TECHNOLO-
GY, AND (E) WHETHER THE RULE REFLECTS  CURRENT  INDUSTRY  PRACTICES  AND
STANDARDS. THE AGENCY shall invite public comment on the continuation or

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

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