assembly Bill A9737

2017-2018 Legislative Session

Authorizes the use of innovative techniques to enhance public participation in the rule making process

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2018 referred to governmental operations

A9737 (ACTIVE) - Details

See Senate Version of this Bill:
S2397
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §102, add §202-f, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A8431
2011-2012: A1648, S1967
2013-2014: A142, S589
2015-2016: A5829, S2384
2019-2020: A6859, S1265

A9737 (ACTIVE) - Summary

Authorizes the use of innovative techniques to enhance public participation in the rule making process; provides that use of such techniques shall in no way otherwise diminish public participation in the rule making process; establishes a three year pilot project for seven major regulatory agencies to hold public hearings upon petition of 125 or more New York residents.

A9737 (ACTIVE) - Bill Text download pdf


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

                                  9737

                          I N  A S S E M B L Y

                            February 5, 2018
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the state administrative procedure act, in  relation  to
  public  hearings  on  proposed  rules; and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1.  Subdivision  1 of section 102 of the state administrative
procedure act, as amended by section 155 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  1. "Agency" means any department, board, bureau, commission, division,
office, council, committee or officer of the state, or a public  benefit
corporation  or  public  authority  at  least  one  of  whose members is
appointed by the governor, authorized by law to make rules  or  to  make
final  decisions  in  adjudicatory proceedings but shall not include the
governor, agencies in the legislative and  judicial  branches,  agencies
created  by  interstate compact or international agreement, the division
of military and naval affairs to the extent it exercises  its  responsi-
bility for military and naval affairs, the division of state police, the
identification and intelligence unit of the division of criminal justice
services,  the  state  insurance fund, the unemployment insurance appeal
board, and except for purposes of subdivision one of section two hundred
two-d AND SECTION TWO  HUNDRED  TWO-F  of  this  chapter,  the  workers'
compensation  board and except for purposes of article two of this chap-
ter, the department of corrections and community supervision.
  § 2. The state administrative procedure act is amended by adding a new
section 202-f to read as follows:
  § 202-F. PUBLIC HEARINGS. 1. WHENEVER A PUBLIC HEARING IS  HELD  ON  A
PROPOSED  RULE  PURSUANT  TO  THIS CHAPTER, UNLESS OTHERWISE PROVIDED IN
LAW, AN AGENCY IS AUTHORIZED TO UTILIZE INNOVATIVE TECHNIQUES TO ENHANCE
PUBLIC PARTICIPATION IN RULE MAKING, INCLUDING BUT NOT LIMITED TO ALLOW-
ING THE PUBLIC TO ASK QUESTIONS OF AGENCY PERSONNEL  FOR  A  PORTION  OF
SUCH HEARING, ORGANIZING SUCH HEARING AS A ROUNDTABLE DISCUSSION, SCHED-
ULING AN EVENING OR WEEKEND HEARING, AND USING BROADCASTING AND TELECON-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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