Assembly Bill A5777A

2017-2018 Legislative Session

Establishes procedures for negotiated rule making

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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

co-Sponsors

2017-A5777 - Details

See Senate Version of this Bill:
S4590
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 2-A §§250 - 258, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2015-2016: A6993, S4328
2019-2020: A1048

2017-A5777 - Summary

Establishes procedures for negotiated rule making.

2017-A5777 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5777
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by M. of A. SIMOTAS, HAWLEY -- read once and referred to the
   Committee on Governmental Operations
 
 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 2017".
   §  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.
   § 3. The state administrative procedure act is amended by adding a new
 article 2-A to read as follows:

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

co-Sponsors

2017-A5777A (ACTIVE) - Details

See Senate Version of this Bill:
S4590
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 2-A §§250 - 258, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2015-2016: A6993, S4328
2019-2020: A1048

2017-A5777A (ACTIVE) - Summary

Establishes procedures for negotiated rule making.

2017-A5777A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5777--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by M. of A. SIMOTAS, HAWLEY -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- 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 2018".
   § 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.
                                                            LBD02219-03-8
              

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