NY State Senate Bill S2133

Archive: Last Bill Status - Passed Senate

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2018	referred to governmental operations delivered to assembly passed senate
May 01, 2018	ordered to third reading cal.915 committee discharged and committed to rules
Jan 03, 2018	referred to commerce, economic development and small business
Jun 07, 2017	reported and committed to rules
Jan 12, 2017	referred to commerce, economic development and small business

Votes

view votes

May 2, 2018 - floor Vote

S2133

floor

Aye

Nay

Absent

Excused

Abstained

May 1, 2018 - Rules committee Vote

S2133

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2017 - Commerce, Economic Development and Small Business committee Vote

S2133

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Jun 7, 2017

aye (8)

nay (1)

Bailey

aye wr (2)

Co-Sponsors

S2133 (ACTIVE) - Details

See Assembly Version of this Bill:: A5342
Law Section:: State Administrative Procedure Act
Laws Affected:: Add Art 6 §§601 & 602, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5657, A7935
2015-2016: S401, A3938
2019-2020: S717, A5276
2021-2022: S1700, A8195
2023-2024: S191, A4632

S2133 (ACTIVE) - Summary

Establishes a task force for the review of the state administrative procedure act.

S2133 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2133

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to establishing a task force for the review of the
state administrative procedure act

 PURPOSE :

Amends the state administrative procedure act, in relation to
establishing a task force for the review of the state administrative
procedure act to examine, evaluate, and make recommendations
concerning the efficiency of the rulemaking process, whether this act
ensures the establishment of consistent, uniform rules, and whether
the statutory process results in rules, regulations, and licenses that
are overly burdensome on regulated entities.

 SUMMARY OF PROVISIONS :

This bill would establish the Task Force for Review of the State
Administrative Procedure Act (SAPA) that would be tasked with
conducting a comprehensive review of the efficacy of SAPA. The Task
Force would be required to examine, evaluate, and make recommendations
concerning the efficiency of the rulemaking process, whether this act
ensures the establishment of consistent, uniform rules, and whether
the statutory process results in rules, regulations, and licenses that
are overly burdensome on regulated entities. The Task Force would be

comprised of 9 members, three of whom would be appointed by the
Governor, two of whom would be appointed by the Temporary President of
the Senate, two of whom would be appointed by the Speaker of the
Assembly, one of whom would be appointed by the minority leader of the
Senate, and one of whom would be appointed by the minority leader of
the Assembly. The Task Force would be required to issue a report on or
before December 31, 2018.

 JUSTIFICATION :

The State Administrative Procedure Act was first enacted in 1975 to
create a uniform, consistent process to administrative rulemaking,
adjudication, and licensing. Since 1975, this act has been amended
numerous times but there has never been a comprehensive review of the
efficacy of the act in its entirety. It is in the public interest to
have such a comprehensive review to ensure that administrative
rulemaking, adjudication, and licensing is consistent, uniform, and
not unnecessarily burdensome for regulated entities.

 LEGISLATIVE HISTORY :

2015-16: S.401-A Passed Senate/Referred to Governmental Operations
2013-14: S.5657-B/A.7935-B Passed Senate/Referred to Governmental
Operations

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

S2133 (ACTIVE) - Bill Text download pdf


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

                                  2133

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced by Sens. GALLIVAN, CARLUCCI, FELDER, MARCHIONE, MURPHY, VALE-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Commerce, Economic Development and Small Busi-
  ness

AN ACT to amend the state administrative procedure act, in  relation  to
  establishing  a  task force for the review of the state administrative
  procedure act

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

  Section 1. The state administrative procedure act is amended by adding
a new article 6 to read as follows:
                                ARTICLE 6
     TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT
SECTION 601. LEGISLATIVE INTENT.
        602. TASK  FORCE  FOR  THE  REVIEW  OF  THE STATE ADMINISTRATIVE
               PROCEDURE ACT.
  § 601. LEGISLATIVE INTENT. THE STATE ADMINISTRATIVE PROCEDURE ACT  WAS
FIRST  ENACTED  IN  NINETEEN  HUNDRED  SEVENTY-FIVE TO CREATE A UNIFORM,
CONSISTENT  PROCESS  TO  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION   AND
LICENSING. SINCE NINETEEN HUNDRED SEVENTY-FIVE THIS ACT HAS BEEN AMENDED
NUMEROUS  TIMES  BUT  THERE HAS NEVER BEEN A COMPREHENSIVE REVIEW OF THE
EFFICACY OF THE ACT IN ITS ENTIRETY. THE LEGISLATURE  HEREBY  FINDS  AND
DECLARES  THAT IT IS IN THE PUBLIC INTEREST TO HAVE SUCH A COMPREHENSIVE
REVIEW  TO  ENSURE  THAT  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION  AND
LICENSING  IS  CONSISTENT, UNIFORM, AND NOT UNNECESSARILY BURDENSOME FOR
REGULATED ENTITIES.
  § 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE
ACT. 1.  THERE SHALL BE ESTABLISHED A TASK FORCE FOR THE REVIEW  OF  THE
STATE ADMINISTRATIVE PROCEDURE ACT ("TASK FORCE"). SUCH TASK FORCE SHALL
EXAMINE,  EVALUATE AND MAKE RECOMMENDATIONS CONCERNING THE EFFICIENCY OF
THE RULEMAKING PROCESS, WHETHER THIS ACT ENSURES  THE  ESTABLISHMENT  OF

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

                                                           LBD00108-01-7

S. 2133                             2

CONSISTENT,  UNIFORM  RULES AND WHETHER THE STATUTORY PROCESS RESULTS IN
RULES, REGULATIONS AND LICENSES THAT ARE OVERLY BURDENSOME ON  REGULATED
ENTITIES.
  2.  THE  TASK  FORCE  SHALL  BE  COMPOSED OF NINE MEMBERS APPOINTED AS
FOLLOWS:  THREE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST ONE OF  WHOM
SHALL  BE  CHOSEN  FROM AMONG THE COMMISSIONERS OF AGENCIES WITH SIGNIF-
ICANT REGULATORY OVERSIGHT; TWO MEMBERS APPOINTED BY THE TEMPORARY PRES-
IDENT OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF  THE
ADMINISTRATIVE  REGULATORY  REVIEW  COMMISSION; TWO MEMBERS APPOINTED BY
THE SPEAKER OF THE ASSEMBLY, ONE OF WHICH SHALL BE THE  ASSEMBLY  CHAIR-
PERSON  OF  THE  ADMINISTRATIVE REGULATORY REVIEW COMMISSION; ONE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY. THE GOVERNOR SHALL DESIGNATE THE
CHAIR OF THE TASK FORCE. ALL APPOINTED MEMBERS OF THE TASK  FORCE  SHALL
HAVE  EXPERIENCE IN REGULATORY OR ADMINISTRATIVE LAW, OR EXPERIENCE IN A
FIELD REGULATED BY MULTIPLE  STATE  AGENCIES,  OR  A  REPRESENTATIVE  OF
ORGANIZED LABOR IN A REGULATED FIELD.
  3.  THE TASK FORCE SHALL HOLD PUBLIC HEARINGS THROUGHOUT THE STATE AND
SHALL HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE  LEGIS-
LATIVE  LAW.    THE  TASK  FORCE SHALL CONSULT WITH MEMBERS OF THE SMALL
BUSINESS AND AGRICULTURAL COMMUNITIES AND REGULATED ENTITIES  AND  CITI-
ZENS FROM EVERY REGION OF THE STATE.
  4. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE TASK
FORCE  SHALL  PROVIDE  A  WRITTEN  REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  AND  THE  CHAIR-
PERSONS  OF  THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION. THE REPORT
SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  RECOMMENDATIONS  FOR  SPECIFIC
AMENDMENTS  TO  THIS  ACT  AS WELL AS ANY ADDITIONAL RECOMMENDATIONS THE
TASK FORCE DEEMS RELEVANT. ANY  RECOMMENDATIONS  SHALL  INCORPORATE  THE
FOLLOWING PRINCIPLES: (A) AGENCIES SHOULD CONDUCT RISK ASSESSMENTS BASED
ON  THE BEST-AVAILABLE DATA AND SCIENCE; (B) AGENCIES SHOULD ENSURE THAT
A FULL COST BENEFIT ANALYSIS IS UNDERTAKEN FOR  MAJOR  REGULATIONS;  (C)
THE  RULEMAKING  PROCESS MUST INCLUDE AN OBJECTIVE, TRANSPARENT PEER AND
PUBLIC REVIEW; (D) REGULATIONS SHOULD  BE  SUBJECT  TO  LEGISLATIVE  AND
JUDICIAL  OVERSIGHT  AND  REVIEW;  AND  (E)  AGENCIES  SHOULD PRIORITIZE
COMPLIANCE OVER ENFORCEMENT.
  5. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
REQUEST  AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI-
TIES, RESOURCES AND DATA OF  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
OR PUBLIC AUTHORITY THEREOF AS IT MAY REASONABLY REQUEST  TO  CARRY  OUT
PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION.
  § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2133

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 2, 2018 - floor Vote

Floor Vote: May 2, 2018

May 1, 2018 - Rules committee Vote

Rules Committee Vote: May 1, 2018

Jun 7, 2017 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: Jun 7, 2017

Co-Sponsors

S2133 (ACTIVE) - Details

S2133 (ACTIVE) - Summary

S2133 (ACTIVE) - Sponsor Memo

S2133 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2133

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 2, 2018 - floor Vote

Floor Vote: May 2, 2018

May 1, 2018 - Rules committee Vote

Rules Committee Vote: May 1, 2018

Jun 7, 2017 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: Jun 7, 2017

Co-Sponsors

David Carlucci

Simcha Felder

Kathleen A. Marchione

Terrence Murphy

David J. Valesky

S2133 (ACTIVE) - Details

S2133 (ACTIVE) - Summary

S2133 (ACTIVE) - Sponsor Memo

S2133 (ACTIVE) - Bill Text download pdf

Comments