Senate Bill S5418

2015-2016 Legislative Session

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2015-S5418 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act; amd §101-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S5795

2015-S5418 - Summary

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days.

2015-S5418 - Sponsor Memo

2015-S5418 - Bill Text download pdf

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

                                  5418

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 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 and the executive
  law, in relation to the comment period for proposed rules

  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 of section 202 of the  state
administrative  procedure  act, as amended by chapter 429 of the laws of
2003, is amended to read as follows:
  (a) Prior to the adoption of a rule, an agency shall submit  a  notice
of proposed rule making to the secretary of state for publication in the
state  register  and  shall  afford  the public an opportunity to submit
comments on the proposed rule. Unless a different time is  specified  by
statute  or  this  paragraph,  the  notice  of proposed rule making must
appear in the state register at least [forty-five] SIXTY days  prior  to
either
  (i) the addition, amendment or repeal of a rule for which statute does
not require that a public hearing be held prior to adoption, or
  (ii)  the first public hearing on a proposed rule for which such hear-
ing is so required.
  The notice of proposed rule making shall indicate the  last  date  for
submission  of  comments on the proposed rule, which, unless a different
time is specified in statute or this paragraph, shall be not  less  than
[forty-five]  SIXTY  days  after the date of publication of such notice,
or, if statute requires that a public hearing be held prior to adoption,
not less than five days after the date of the last public hearing sched-
uled to  be  held  on  the  proposed  rule.  Notwithstanding  any  other
provision  of  this  paragraph,  when the notice of proposed rule making
contains only a description of the subject, purpose and substance of the
rule as provided in subparagraph (v) of paragraph (f) of  this  subdivi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-01-5
              

2015-S5418A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act; amd §101-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S5795

2015-S5418A (ACTIVE) - Summary

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days.

2015-S5418A (ACTIVE) - Sponsor Memo

2015-S5418A (ACTIVE) - Bill Text download pdf

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

                                 5418--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 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 and the executive
  law, in relation to the comment period for proposed rules

  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 of section 202 of the state
administrative procedure act, as amended by chapter 429 of the  laws  of
2003, is amended to read as follows:
  (a)  Prior  to the adoption of a rule, an agency shall submit a notice
of proposed rule making to the secretary of state for publication in the
state register and shall afford the  public  an  opportunity  to  submit
comments  on  the proposed rule. Unless a different time is specified by
statute or this paragraph, the  notice  of  proposed  rule  making  must
appear  in  the state register at least [forty-five] SIXTY days prior to
either
  (i) the addition, amendment or repeal of a rule for which statute does
not require that a public hearing be held prior to adoption, or
  (ii) the first public hearing on a proposed rule for which such  hear-
ing is so required.
  The  notice  of  proposed rule making shall indicate the last date for
submission of comments on the proposed rule, which, unless  a  different
time  is  specified in statute or this paragraph, shall be not less than
[forty-five] SIXTY days after the date of publication  of  such  notice,
or, if statute requires that a public hearing be held prior to adoption,
not less than five days after the date of the last public hearing sched-
uled  to  be  held  on  the  proposed  rule.  Notwithstanding  any other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-02-6
              

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