NY State Senate Bill 2015-S7660A

Senate Bill S7660A

Signed By Governor

2015-2016 Legislative Session

Relates to requiring certain agencies to submit regulatory agendas for publication in the state register

download bill text pdf

Archive: Last Bill Status Via A10242 - 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
Nov 04, 2016	signed chap.418
Oct 26, 2016	delivered to governor
Jun 14, 2016	returned to assembly passed senate 3rd reading cal.1589 substituted for s7660a
Jun 14, 2016	substituted by a10242
Jun 08, 2016	ordered to third reading cal.1589
Jun 07, 2016	reported and committed to rules
May 19, 2016	print number 7660a
May 19, 2016	amend (t) and recommit to commerce, economic development and small business
May 12, 2016	referred to commerce, economic development and small business

Votes

- Jun 14, 2016 - Floor Vote
  A10242
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Sanders Jr.
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 8, 2016 - Rules Committee Vote
  S7660A
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2016
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Krueger
      
      Perkins
      
      excused (1)
      
      Espaillat
  Jun 7, 2016 - Commerce, Economic Development And Small Business Committee Vote
  S7660A
  
  9
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Jun 7, 2016
      
      aye (9)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hassell-Thompson
      
      Kennedy
      
      Robach
      
      Valesky
      
      nay (1)
      
      Sanders Jr.
      
      absent (1)
      
      Persaud

Bill Amendments

Original

A (Active)

2015-S7660 - Details

See Assembly Version of this Bill:: A10242
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202-d, St Ad Proc Act; amd §2, Chap 402 of 1994

2015-S7660 - Summary

Relates to requiring certain agencies to submit regulatory agendas for publication in the state register.

2015-S7660 - Sponsor Memo

2015-S7660 - Bill Text download pdf

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

                                  7660

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  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 expiration of the provisions thereof

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

  Section 1. Section 2 of chapter 402 of the laws of 1994, amending  the
state  administrative  procedure act relating to requiring certain agen-
cies to submit regulatory agendas for publication in the state register,
as amended by chapter 462 of the laws of 2012, 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, [2016] 2020, 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 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15392-01-6

2015-S7660A (ACTIVE) - Details

See Assembly Version of this Bill:: A10242
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202-d, St Ad Proc Act; amd §2, Chap 402 of 1994

2015-S7660A (ACTIVE) - Summary

Relates to requiring certain agencies to submit regulatory agendas for publication in the state register.

2015-S7660A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7660A

 TITLE OF BILL :

An act to amend the state administrative procedure act, in relation to
regulatory agendas; 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

 PURPOSE :

This bill amends the State Administrative Procedure Act (SAPA) to
streamline the process for print and online publication of regulatory
agendas by state agencies.

 SUMMARY OF PROVISIONS :

Bill § 1 amends subdivision 1 of SAPA § 202-d to:

1) Eliminate the current requirement for a second semi-annual
publication of a regulatory agenda in June, making publication of
regulatory agendas an annual requirement;

2) Change the required timing for publication of a regulatory agenda

from the first regular issue of the State Register in January to any
issue published in January;

3) Remove the option of publishing a continuously updated online
agenda as an alternative to the now-deleted June publication -
instead, any agency could update its online regulatory agenda at any
time without triggering any additional requirement for print
publication;

4) Expand the list of agencies that are required to publish a
regulatory agenda by adding three agencies - the Office of Mental
Health, the Office for People with Developmental Disabilities and the
State Gaming Commission -- which have become significant regulators in
recent years; and

5) Provide that a regulatory agenda may indicate if a draft version of
a potential rule is being made publicly available.

Section two amends section 2 of the state administrative procedure act
to extend the provisions requiring certain agencies to submit
regulatory agendas for publication in the state register until 2020.

Section three establishes that this act shall take effect immediately
and shall apply to all regulatory agendas published on or after such
date

 JUSTIFICATION :

Regulatory agendas provide the public with advance notice of
regulations that are being developed or are under consideration by a
state agency, but which have not yet been formally proposed.
Experience with the provisions of SAPA § 202-d in recent years has
pointed out opportunities to streamline its provisions to make it
easier for state agencies to provide the public with this valuable
information.

Specifically, the current requirement for semi-annual publications
doubles the workloads of agencies without providing a substantial
benefit to the public. The June agendas include a high percentage of
repetitive information, and in some cases agencies have simply
dispensed with the June publication entirely. Limiting the publication
requirement to once per year and allowing publication in any Register
issue will make it easier for agencies to focus on a single,
comprehensive list of potential rules. An agency may still provide
additional supplements to the January publication by updating the
regulatory agenda on its website.

In addition to the above changes to the publication process, the bill
adds three agencies - the Office of Mental Health, the Office for
People with Developmental Disabilities and the State Gaming Commission
-- to the statutory list of entities required to publish regulatory
agendas, due to increased regulatory activity by those three agencies.

 EXISTING LAW :

SAPA § 202-d currently requires several major regulatory agencies to
publish regulatory agendas twice per year, in the first regular issue
of the State Register published in January and the last regular issue
published in June. An agency may avoid the June publication by
maintaining a continuously updated regulatory agenda on its website.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to all
regulatory agendas published on or after such date; 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.

2015-S7660A (ACTIVE) - Bill Text download pdf

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

                                 7660--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment  and  Small  Business  --  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
  regulatory  agendas;  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. Subdivision 1 of section 202-d of the state  administrative
procedure act, as amended by chapter 193 of the laws of 2008, paragraphs
(a),  (b),  and  (c)  as amended by chapter 462 of the laws of 2012, and
paragraph (d) as amended by section 6 of part O of  chapter  60  of  the
laws of 2011, is amended to read as follows:
  1.  (a)  The departments of health, education, environmental conserva-
tion, financial services, labor, agriculture and markets, motor vehicles
and state, the offices of children and family services and temporary and
disability assistance, the division of housing  and  community  renewal,
THE STATE GAMING COMMISSION, THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR
PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  and the workers' compensation
board, and any other department OR AGENCY specified by the  governor  or
his  or her designee shall, and any other agency may, in its discretion,
submit to the secretary of state, for publication  in  [the  first]  ANY
regular  issue of the state register published during the month of Janu-
ary [and the last regular issue  of  the  state  register  published  in
June], a regulatory agenda to solicit comments concerning any rule which
the  agency  is  considering  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.
  (b)  A  regulatory  agenda  shall  be  comprised  of  a list and brief
description of subject matter being considered for rule making  and  the

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

                                                           LBD15392-02-6

S. 7660--A                          2

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, INCLUDING ANY DRAFT VERSION  OF  A
POTENTIAL  RULE THAT AN AGENCY IS MAKING PUBLICLY AVAILABLE, and to whom
written comments may be submitted concerning such regulatory agenda.
  (c) Agencies shall publish  the  regulatory  agendas  and  information
related  to  such  agendas  on  their respective websites. An agency may
[maintain a continuously updated regulatory agenda, wherein] UPDATE  THE
REGULATORY  AGENDA  ON ITS WEBSITE BY ADDING a description of a rule [is
added when the agency begins] WHICH THE AGENCY  HAS  BEGUN  to  consider
proposing [it and is removed when the agency proposes such rule or is no
longer  considering  to  propose  such  a rule] AFTER PUBLICATION OF ITS
REGULATORY AGENDA IN THE STATE REGISTER.  Such description shall identi-
fy 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  Janu-
ary.  The  secretary  of  state  shall republish this notice in the last
regular issue in June.] UPDATING A  REGULATORY  AGENDA  ON  ITS  WEBSITE
SHALL  NOT  REQUIRE  AN  AGENCY TO SUBMIT ANY ADDITIONAL INFORMATION FOR
PUBLICATION IN THE STATE REGISTER RELATED TO SUCH UPDATE.
  (d) An agency shall identify each rule  described  in  its  regulatory
agenda for which a regulatory flexibility analysis or a rural area flex-
ibility  analysis  may be required, and shall provide outreach as appro-
priate to potentially affected small businesses, local  governments  and
public  and  private interests in rural areas. Such outreach may include
solicitation of input from potentially affected  parties  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  2. 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 462 of the laws  of  2012,  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, [2016] 2020, 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  3.  This  act  shall take effect immediately and shall apply to all
regulatory agendas published on or after such date;  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.

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