NY State Senate Bill S7096

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.490
Nov 16, 2016	delivered to governor
Jun 06, 2016	returned to senate passed assembly ordered to third reading cal.829 substituted for a9625
Jun 01, 2016	referred to governmental operations delivered to assembly passed senate
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.888
Mar 24, 2016	referred to commerce, economic development and small business

Votes

view votes

Jun 1, 2016 - floor Vote

S7096

floor

Aye

Nay

Absent

Excused

Abstained

May 17, 2016 - Commerce, Economic Development and Small Business committee Vote

S7096

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S7096 (ACTIVE) - Details

See Assembly Version of this Bill:: A9625
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

S7096 (ACTIVE) - Summary

Relates to minimum standards for online posting of rulemaking information.

S7096 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S7096

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to minimum standards for online posting of rulemaking
information

 PURPOSE :

This bill amends the State Administrative Procedure Act (SAPA) to
establish minimum standards for web posting of rulemaking information
to ensure that it is readily accessible to the public.

 SUMMARY OF PROVISIONS :

Bill § 1 amends SAPA § 202(7) to establish the following minimum
standards for web posting of information that is summarized or
referenced in the State Register. When a State Register notice refers
to rule text or another document (e.g., a regulatory impact statement)
that has been posted on a state website in lieu of publication of the
full text:

(1) the full text shall be posted not later than the date of
publication of the notice, and to the extent practicable shall be
maintained on the website for the entire period that the notice is
effective; and

(2) the notice shall provide sufficient information to enable the
public to access the information Without extensive searching and shall
conform to any guidance issued by the Secretary of State.

Bill § 2 amends SAPA § 202(9) to authorize the Secretary of State to
prescribe guidance, developed in consultation with the Office of
Information Technology Services, for such online posting.

 JUSTIFICATION :

Instead of publishing the full text of some rules or related documents
in the State Register, agencies are allowed to publish only a summary
and identify the address of a website where the full text is posted.
This is frequently used for lengthy documents which would be
impractical to print in full. However, there are currently no
standards for the timing of such web posting or how to identify the
web address.

This has led to instances where rule text has been posted in an
untimely manner or has been taken down well before the comment period
has ended. Often agencies only list the address of their home page or
otherwise make it difficult for members of the public to locate the
text. This bill would establish basic standards for web posting of
rulemaking information and provide for the Secretary of State to issue
guidance on how agencies can make information readily accessible to
the public.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The first day of January after having become a law, and applicable to
any rulemaking notice published on or after such date.

S7096 (ACTIVE) - Bill Text download pdf

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

                                  7096

                            I N  S E N A T E

                             March 24, 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 the state administrative procedure act, in relation to
  minimum standards for online posting of rulemaking information

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

  Section  1.  Subdivision  7 of section 202 of the state administrative
procedure act is amended by adding  a  new  paragraph  (d)  to  read  as
follows:
  (D)  WHEN  A  NOTICE  PUBLISHED PURSUANT TO THIS SECTION REFERS TO ANY
RULE, TEXT OR OTHER INFORMATION THAT HAS BEEN POSTED ON A WEBSITE  MAIN-
TAINED BY A STATE ENTITY IN LIEU OF PUBLICATION:
  (I)  THE  TEXT  OR INFORMATION SHALL BE POSTED NOT LATER THAN THE DATE
THE NOTICE IS PUBLISHED IN THE STATE REGISTER, AND TO THE EXTENT PRACTI-
CABLE SHALL BE MAINTAINED ON SUCH WEBSITE DURING THE ENTIRE  PERIOD  FOR
WHICH SUCH NOTICE IS EFFECTIVE; AND
  (II)  THE  NOTICE  SHALL  PROVIDE SUFFICIENT INFORMATION TO ENABLE THE
PUBLIC TO ACCESS SUCH INFORMATION WITHOUT EXTENSIVE SEARCHING, AND SHALL
CONFORM TO ANY GUIDANCE PRESCRIBED BY THE SECRETARY OF STATE PURSUANT TO
SUBDIVISION NINE OF THIS SECTION.
  S 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 9 of
section 202 of the state administrative procedure  act,  as  amended  by
chapter  230 of the laws of 2006, are amended and a new paragraph (v) is
added to read as follows:
  (iii) reject those notices which are  not  in  substantial  compliance
with  the  provisions  of  this  section,  give  prompt  notice  of such
rejection to the agency, and advise such agency on the corrective action
required; [and]
  (iv) publish all notices and statements, required by this section  and
section two hundred one-a of this chapter, in the state register as soon
as practicable[.]; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14391-01-6

S. 7096                             2

  (V)  PRESCRIBED GUIDANCE, DEVELOPED IN CONSULTATION WITH THE OFFICE OF
INFORMATION TECHNOLOGY SERVICES, FOR ONLINE POSTING OF TEXT AND INFORMA-
TION PURSUANT TO THIS SECTION.
  S  3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become law, and shall apply to all
notices published on or after such date.

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The New York State Senate

senate Bill S7096

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 1, 2016 - floor Vote

Floor Vote: Jun 1, 2016

May 17, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 17, 2016

Co-Sponsors

S7096 (ACTIVE) - Details

S7096 (ACTIVE) - Summary

S7096 (ACTIVE) - Sponsor Memo

S7096 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7096

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2016 - floor Vote

Floor Vote: Jun 1, 2016

May 17, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 17, 2016

Co-Sponsors

Brad Hoylman-Sigal

George Latimer

S7096 (ACTIVE) - Details

S7096 (ACTIVE) - Summary

S7096 (ACTIVE) - Sponsor Memo

S7096 (ACTIVE) - Bill Text download pdf

Comments