senate Bill S4328A

2015-2016 Legislative Session

Establishes procedures for negotiated rule making

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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

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2016 referred to governmental operations
delivered to assembly
passed senate
Mar 28, 2016 advanced to third reading
Mar 23, 2016 2nd report cal.
Mar 22, 2016 1st report cal.416
Jan 14, 2016 print number 4328a
Jan 14, 2016 amend and recommit to commerce, economic development and small business
Jan 06, 2016 referred to commerce, economic development and small business
returned to senate
died in assembly
Jun 15, 2015 referred to governmental operations
delivered to assembly
passed senate
Jun 01, 2015 advanced to third reading
May 28, 2015 2nd report cal.
May 27, 2015 1st report cal.922
Mar 13, 2015 referred to commerce, economic development and small business

Votes

view votes

Mar 22, 2016 - Commerce, Economic Development and Small Business committee Vote

S4328A
10
1
committee
10
Aye
1
Nay
0
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: Mar 22, 2016

nay (1)

May 27, 2015 - Commerce, Economic Development and Small Business committee Vote

S4328
9
1
committee
9
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 27, 2015

nay (1)
excused (1)

S4328 (ACTIVE) - Details

See Assembly Version of this Bill:
A6993
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 2-A §§250 - 258, St Ad Proc Act
Versions Introduced in 2017-2018 Legislative Session:
S4590, A5777

S4328 (ACTIVE) - Summary

Establishes procedures for negotiated rule making.

S4328 (ACTIVE) - Sponsor Memo

S4328 (ACTIVE) - Bill Text download pdf

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

                                  4328

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 13, 2015
                               ___________

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 the state administrative procedure act, in relation to
  negotiated rule making

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "small business negotiated rule making act of 2015".
  S 2. Legislative intent. The legislature hereby finds  that  providing
additional  opportunities  for  direct small business and public partic-
ipation in  the  development  of  potentially  controversial  rules  can
enhance  the  ability  of the agency to develop the most appropriate and
effective regulatory language, and can reduce the time and expense occa-
sioned by litigation over the rule. Negotiated rule  making  provides  a
means  of  improving  the  substance and increasing the acceptability of
rules, by affording to the agency, regulated small  businesses  and  the
public  the opportunity for face-to-face negotiations over a rule making
proposal which is under development by the agency. The  opportunity  for
representatives  of  the various persons and small businesses interested
in a rule to meet and communicate with each other provides  a  framework
for  the  sharing  of  information,  knowledge and expertise in order to
develop a consensus on the most effective and  appropriate  rule  making
proposal.    Fair representation of all interested parties and a skilled
facilitator are essential  elements  of  a  successful  negotiated  rule
making process.
  Therefore, the legislature declares it to be in the public interest to
set  forth  a  statutory process for negotiated rule making in the state
administrative procedure act  as  an  alternative  means  of  developing
appropriate and effective proposed rules.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09934-01-5

S4328A (ACTIVE) - Details

See Assembly Version of this Bill:
A6993
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 2-A §§250 - 258, St Ad Proc Act
Versions Introduced in 2017-2018 Legislative Session:
S4590, A5777

S4328A (ACTIVE) - Summary

Establishes procedures for negotiated rule making.

S4328A (ACTIVE) - Sponsor Memo

S4328A (ACTIVE) - Bill Text download pdf

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

                                 4328--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 13, 2015
                               ___________

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 -- 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
  negotiated rule making

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "small business negotiated rule making act of 2016".
  S  2.  Legislative intent. The legislature hereby finds that providing
additional opportunities for direct small business  and  public  partic-
ipation  in  the  development  of  potentially  controversial  rules can
enhance the ability of the agency to develop the  most  appropriate  and
effective regulatory language, and can reduce the time and expense occa-
sioned  by  litigation  over the rule. Negotiated rule making provides a
means of improving the substance and  increasing  the  acceptability  of
rules,  by  affording  to the agency, regulated small businesses and the
public the opportunity for face-to-face negotiations over a rule  making
proposal  which  is under development by the agency. The opportunity for
representatives of the various persons and small  businesses  interested
in  a  rule to meet and communicate with each other provides a framework
for the sharing of information, knowledge  and  expertise  in  order  to
develop  a  consensus  on the most effective and appropriate rule making
proposal.  Fair representation of all interested parties and  a  skilled
facilitator  are  essential  elements  of  a  successful negotiated rule
making process.
  Therefore, the legislature declares it to be in the public interest to
set forth a statutory process for negotiated rule making  in  the  state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09934-02-6

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