NY State Senate Bill 2015-S7725

Archive: Last Bill Status - In Senate Committee Rules Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	reported and committed to rules
May 12, 2016	referred to commerce, economic development and small business

Votes

- Jun 7, 2016 - Commerce, Economic Development And Small Business Committee Vote
  S7725
  
  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

2015-S7725 (ACTIVE) - Details

See Assembly Version of this Bill:: A10450
Current Committee:: Senate Rules
Law Section:: State Administrative Procedure Act
Laws Affected:: Add §§201-b & 202-f, St Ad Proc Act; add §68, Leg L; add §13, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S304

2015-S7725 (ACTIVE) - Summary

Enacts the "regulatory fiscal accountability act of 2016"; requires every proposed rule, authorized by law and having a fiscal impact in excess of ten million dollars, to be approved by a two-thirds vote of each of the appropriate legislative committees; requires proposed rules and executive orders affecting political subdivisions to include fiscal notes.

2015-S7725 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7725

 TITLE OF BILL :

An act to amend the state administrative procedure act and the
legislative law, in relation to requiring legislative committee
approval of certain proposed rules; and to amend the state
administrative procedure act and the executive law, in relation to
fiscal notes on proposed rules and executive orders affecting
political subdivisions

 PURPOSE :

This bill enacts the "regulatory fiscal accountability act of 2016"
which would require approval by no less than two-thirds majority vote
by all members in each committee in the senate and assembly with
jurisdiction to consider proposed rules that will have a fiscal impact
of $10 million or more, prior to beginning the rule making process
under section 202 of the state administrative procedure act.

 SUMMARY OF PROVISIONS :

Section one establishes the short title, this act shall be known and
may be cited as the "regulatory fiscal accountability act of 2016".

Section two amends the state administrative procedure act by adding

two new sections 201-b and 202-f. Section 201-b, regarding fiscal
notes on proposed rules, establishes that each agency proposing a rule
shall attach a fiscal note to a proposed rule which would affect the
revenues or expenses, or both, of any political subdivision. Such
fiscal notes shall fully disclose the costs and source of funding for
every provision of the proposed rule which would affect the revenue or
expenses of any political subdivision. Fiscal notes shall not be
required for proposed rules which provide discretionary authority to
political subdivisions. Section 202-f establishes provisions regarding
legislative approval. This provision states that prior to the
submission of a notice of proposed rulemaking to the secretary of the
state for publication in the state register, an agency shall submit
any proposed rule with a fiscal impact in excess of $10 million,
intended to implement legislation, to the appropriate committees in
the senate and assembly having jurisdiction of the subject matter for
their approval. No such rule shall take effect unless it has been
approved by a two-thirds majority vote of each committee with
jurisdiction to which it has been referred.

Section three amends the legislative law by adding a new section 68
regarding approval of legislative committees. The provision states
that state agencies intending to promulgate any rule with a fiscal
impact in excess of $10 million must submit such a proposed rule to
the chair of each appropriate committee in the senate and assembly for
consideration and approval of the proposed rule. The appropriate
senate and assembly committees shall have jurisdiction to consider and
approve a proposed rule, if that committee approved the bill that
provides the statutory authority for which the proposed rule is
intended to implement. The committees must consider the proposed rule
during the first scheduled committee meeting immediately following
receipt of the proposed rule by the committee chair. A vote to approve
the proposed rule by no less than two-thirds of all committee members,
by every committee with jurisdiction to consider and approve the
proposed rule shall be required before the state agency can proceed to
propose the rule.

Section four amends the executive law by adding a new section 13 which
requires the governor to attach a fiscal note to every executive order
which would affect the revenues or expenses, or both, of any
political. Such fiscal notes shall fully disclose the costs and source
of funding for every provision of the executive order which would
affect the revenue or expenses of any political subdivision.  Fiscal
notes shall not be required by executive orders which provide
discretionary authority to political subdivisions.

Section five establishes the effective date.

 JUSTIFICATION :

For decades, state agencies have enacted rules and regulations that
greatly affect businesses and local governments. Too often,
regulations have been inconsistent with the legislative intent of the
statutes for which the rules have been promulgated. Overregulation has
hurt businesses and local governments and legislators, elected to
represent the people of this state, have not been allowed to curtail
such burdensome rule making.

This bill seeks to provide lawmakers with the ability to consider
those rules that will have a fiscal impact of at least ten million
dollars and to vote to approve, or deny such rules. This bill will
place a much needed check on state agencies that wish to promulgate
costly rules and regulations.

Pursuant to section 51 of the legislative law, fiscal impact notes for
legislation that will substantially affect revenue and/or expenses for
local governments, are required. Fiscal notes promote government
transparency and assist political subdivisions in planning for the
fiscal consequences of legislation. This bill seeks to further promote
transparency by requiring fiscal impact notes for all executive orders
and rules and regulations.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None noted

 EFFECTIVE DATE :
This act shall take effect on January 1, 2017.

2015-S7725 (ACTIVE) - Bill Text download pdf

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

                                  7725

                            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 the state administrative procedure act and the legisla-
  tive law, in relation to requiring legislative committee  approval  of
  certain  proposed  rules; and to amend the state administrative proce-
  dure act and the  executive  law,  in  relation  to  fiscal  notes  on
  proposed rules and executive orders affecting political subdivisions

  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 "regulatory fiscal accountability act of 2016".
  S  2.  The state administrative procedure act is amended by adding two
new sections 201-b and 202-f to read as follows:
  S 201-B. FISCAL NOTES ON PROPOSED RULES.  1. FOR THE PURPOSES OF  THIS
SECTION,  THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY, TOWN,
VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT.
  2. EACH AGENCY PROPOSING A RULE  SHALL  ATTACH  A  FISCAL  NOTE  TO  A
PROPOSED  RULE  WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF
ANY POLITICAL SUBDIVISION. SUCH FISCAL NOTES SHALL  FULLY  DISCLOSE  THE
COSTS  AND  SOURCE  OF  FUNDING  OF EVERY PROVISION OF THE PROPOSED RULE
WHICH WOULD AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3. FISCAL NOTES SHALL NOT, HOWEVER, BE  REQUIRED  FOR  PROPOSED  RULES
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S  202-F. LEGISLATIVE APPROVAL.  IN ADDITION TO THE PROCEDURE REQUIRED
PURSUANT TO SECTION TWO HUNDRED TWO OF THIS ARTICLE  AND  PRIOR  TO  THE
SUBMISSION  OF A NOTICE OF PROPOSED RULEMAKING TO THE SECRETARY OF STATE
FOR PUBLICATION IN THE  STATE  REGISTER,  AN  AGENCY  SHALL  SUBMIT  ANY
PROPOSED  RULE  WITH  A  FISCAL IMPACT IN EXCESS OF TEN MILLION DOLLARS,
INTENDED TO IMPLEMENT LEGISLATION, TO THE APPROPRIATE COMMITTEES IN  THE
SENATE  AND ASSEMBLY HAVING JURISDICTION OF THE SUBJECT MATTER FOR THEIR
APPROVAL. NO SUCH RULE SHALL TAKE EFFECT UNLESS IT HAS BEEN APPROVED  BY
A  TWO-THIRDS MAJORITY VOTE OF EACH COMMITTEE WITH JURISDICTION TO WHICH
IT HAS BEEN REFERRED.

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

                                                           LBD15390-02-6

S. 7725                             2

  S 3. The legislative law is amended by adding a new section 68 to read
as follows:
  S  68. APPROVAL OF LEGISLATIVE COMMITTEES. 1. STATE AGENCIES INTENDING
TO PROMULGATE ANY RULE WITH A FISCAL IMPACT IN  EXCESS  OF  TEN  MILLION
DOLLARS  MUST SUBMIT SUCH A PROPOSED RULE TO THE CHAIR OF EACH APPROPRI-
ATE COMMITTEE IN THE SENATE AND ASSEMBLY FOR CONSIDERATION AND  APPROVAL
OF THE PROPOSED RULE.
  2.  THE  APPROPRIATE  COMMITTEES IN THE SENATE AND ASSEMBLY SHALL HAVE
JURISDICTION TO CONSIDER AND APPROVE A PROPOSED RULE, IF THAT  COMMITTEE
APPROVED  THE  BILL  THAT PROVIDES THE STATUTORY AUTHORITY FOR WHICH THE
PROPOSED RULE IS INTENDED TO IMPLEMENT.
  3. THE APPROPRIATE COMMITTEES IN THE SENATE AND ASSEMBLE  WITH  JURIS-
DICTION  TO  CONSIDER AND APPROVE A RULE MUST CONSIDER THE PROPOSED RULE
DURING THE FIRST  SCHEDULED  COMMITTEE  MEETING,  IMMEDIATELY  FOLLOWING
RECEIPT OF THE PROPOSED RULE BY THE COMMITTEE CHAIR.
  4.  ALL MEMBERS OF THE APPROPRIATE COMMITTEES IN THE SENATE AND ASSEM-
BLY SHALL BE PROVIDED A COPY OF THE PROPOSED RULE AND BE ALLOWED  SUFFI-
CIENT  TIME  TO  DEBATE  THE  MERITS OF THE PROPOSED RULE, INCLUDING THE
FISCAL IMPACT OF THE PROPOSAL AND THE NEED TO  PROMULGATE  THE  PROPOSED
RULE IN ORDER TO IMPLEMENT THE LAW AS INTENDED.
  5. AFTER THE PROPOSED RULE HAS BEEN DEBATED AND PRIOR TO CONCLUSION OF
THE  COMMITTEE MEETING, ALL MEMBERS OF THE COMMITTEE MUST VOTE TO EITHER
APPROVE OR REJECT THE PROPOSED RULE.
  6. THE CHAIR OF THE APPROPRIATE COMMITTEE SHALL PROVIDE THE RESULTS OF
THE COMMITTEE VOTE TO THE STATE AGENCY THAT PROVIDED THE PROPOSED RULE.
  7. A VOTE TO APPROVE A PROPOSED RULE BY NO LESS THAN TWO-THIRDS OF ALL
COMMITTEE MEMBERS, BY EVERY COMMITTEE WITH JURISDICTION TO CONSIDER  AND
APPROVE THE PROPOSED RULE, SHALL BE REQUIRED BEFORE THE STATE AGENCY CAN
PROCEED  TO  PROPOSE THE RULE PURSUANT TO SECTION TWO HUNDRED TWO OF THE
STATE ADMINISTRATIVE PROCEDURE ACT.
  S 4. The executive law is amended by adding a new section 13  to  read
as follows:
  S  13.  FISCAL  NOTES ON EXECUTIVE ORDERS AFFECTING POLITICAL SUBDIVI-
SIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVI-
SION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR  SCHOOL
DISTRICT.
  2.  THE  GOVERNOR  SHALL ATTACH A FISCAL NOTE TO EVERY EXECUTIVE ORDER
WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF  ANY  POLITICAL
SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE
OF  FUNDING OF EVERY PROVISION OF THE EXECUTIVE ORDER WHICH WOULD AFFECT
THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3. FISCAL NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR  EXECUTIVE  ORDERS
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S 5. This act shall take effect on January 1, 2017.

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Senate Bill S7725

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 7, 2016 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: Jun 7, 2016

2015-S7725 (ACTIVE) - Details

2015-S7725 (ACTIVE) - Summary

2015-S7725 (ACTIVE) - Sponsor Memo

2015-S7725 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7725

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S7725 (ACTIVE) - Details

2015-S7725 (ACTIVE) - Summary

2015-S7725 (ACTIVE) - Sponsor Memo

2015-S7725 (ACTIVE) - Bill Text download pdf

Comments