NY State Senate Bill 2017-S327A

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

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 14, 2018	advanced to third reading
May 09, 2018	2nd report cal.
May 08, 2018	1st report cal.1078
Jan 04, 2018	print number 327a
Jan 04, 2018	amend and recommit to commerce, economic development and small business
Jan 03, 2018	referred to commerce, economic development and small business
Jun 21, 2017	committed to rules
Feb 07, 2017	advanced to third reading
Feb 06, 2017	2nd report cal.
Jan 31, 2017	1st report cal.132
Jan 04, 2017	referred to commerce, economic development and small business

Votes

- May 8, 2018 - Commerce, Economic Development And Small Business Committee Vote
  S327A
  
  Aye
  
  6
  
  Nay
  
  3
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Commerce, Economic Development And Small Business Committee Vote: May 8, 2018
      
      aye (6)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Robach
      
      nay (3)
      
      Bailey
      
      Hamilton
      
      Persaud
      
      aye wr (2)
      
      Kennedy
      
      Sanders Jr.
  Jan 31, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S327A
  
  Aye
  
  7
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Commerce, Economic Development And Small Business Committee Vote: Jan 31, 2017
      
      aye (7)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Robach
      
      nay (3)
      
      Bailey
      
      Persaud
      
      Sanders Jr.
      
      aye wr (1)
      
      Kennedy

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S327 - Details

Current Committee:: Senate Rules
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §207, St Ad Proc Act
Versions Introduced in 2015-2016 Legislative Session:: S6770

2017-S327 - Summary

Requires state agencies to review all rules adopted before 1997 over a certain period of time.

2017-S327 - Sponsor Memo

                                 BILL NUMBER:  S327

 TITLE OF BILL :

An act to amend the state administrative procedure act, in relation to
periodic review of existing rules

 PURPOSE :

This bill would require state agencies to review all rules adopted
before 1997 over a certain period of time.

 SUMMARY OF PROVISIONS :

Section one amends section 207 of the State Administrative Procedure
Act to require that all regulations adopted into law pre-1960 will be
reviewed and re-proposed by 2018, rules adopted between 1960 to 1970
will be reviewed and re-proposed by 2020, rules adopted between 1971
to 1980 will be reviewed and re-proposed by 2022, 1981 to 1990 will be
reviewed and re-proposed by 2024, and 1991 to 1996 will be reviewed
and re-proposed by 2026. Agencies will conduct their own respective
reviews. Agencies will determine the relevance of said rules with
respect to current technology, whether the rule is duplicative of
federal regulation, and weather the rule has become outdated. Agencies
cannot re-propose said regulations under the emergency rule making
process unless the rule is determined to be necessary for public

health, safety, or general welfare.

 JUSTIFICATION :

According to most business advocacy groups (Business Council of New
York State, National Federation of Independent Business, and many
chambers of commerce), New York has too much regulation and cannot
fully compete with less regulated states. This bill will seek the
sunset of all New York State regulations in ten-year intervals,
allowing for rules deemed necessary to be re-proposed; however,
regulations that effect the public health and safety of state
residents will not be affected. New York State can no-longer continue
to be one of the most heavily regulated states in the nation.
Clearly, people and businesses are moving with their feet to less
regulated and less taxed states. This legislation will seek to cut the
State's regulatory burden and cut red tape for small and large
businesses so that they can grow and thrive here while creating
thousands of new jobs for our residents. In addition, this bill will
seek to eliminate many of the mandates placed on local governments and
school districts so that they can operate in a more efficient and less
costly manner.

 LEGISLATIVE HISTORY :

2016: S.6770 - Advanced to third reading, cal. 420.

 FISCAL IMPLICATIONS :

According to a 2013 Senate Majority Coalition report, "Public Forums
on Regulatory Reform," the estimated cost of regulations on New York
State's economy is $274 billion, approximately 23 percent of New
York's economy. When this bill is signed into law and its process of
rule review and elimination is completed, the State and its businesses
will see significant savings in the millions of dollars if similar
numbers can be achieved according to the report.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S327 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    327
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY, SEWARD -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   periodic review of existing rules

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 207 of  the  state  administrative
 procedure  act  is  amended  by  adding  a  new paragraph (c) to read as
 follows:
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) AND  (B)  OF  THIS
 SUBDIVISION, RULES:
   (I)  ADOPTED  BEFORE  JANUARY  FIRST, NINETEEN HUNDRED SIXTY, SHALL BE
 REVIEWED AND RE-PROPOSED ON OR BEFORE DECEMBER THIRTY-FIRST,  TWO  THOU-
 SAND EIGHTEEN;
   (II)  ADOPTED BETWEEN JANUARY FIRST, NINETEEN HUNDRED SIXTY AND DECEM-
 BER THIRTY-FIRST, NINETEEN HUNDRED SIXTY-NINE,  SHALL  BE  REVIEWED  AND
 RE-PROPOSED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY;
   (III)  ADOPTED  BETWEEN  JANUARY  FIRST,  NINETEEN HUNDRED SEVENTY AND
 DECEMBER THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-NINE, SHALL BE  REVIEWED
 AND  RE-PROPOSED  ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-TWO;
   (IV) ADOPTED BETWEEN JANUARY FIRST, NINETEEN HUNDRED EIGHTY AND DECEM-
 BER THIRTY-FIRST, NINETEEN HUNDRED EIGHTY-NINE, SHALL  BE  REVIEWED  AND
 RE-PROPOSED  ON  OR  BEFORE  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-
 FOUR; AND
   (V) ADOPTED BETWEEN JANUARY FIRST, NINETEEN HUNDRED NINETY AND  DECEM-
 BER  THIRTY-FIRST,  NINETEEN  HUNDRED  NINETY-SIX, SHALL BE REVIEWED AND
 RE-PROPOSED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.

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

                                                            LBD02330-01-7

 S. 327                              2
 
   EACH STATE AGENCY SHALL REVIEW ITS OWN RULES IN ACCORDANCE  WITH  THIS
 PARAGRAPH.  SUCH REVIEWS SHALL DETERMINE THE RELEVANCE OF EACH RULE WITH
 RESPECT TO CURRENT TECHNOLOGY, WHETHER THE RULE IS DUPLICATIVE OF FEDER-
 AL REGULATION AND WHETHER THE RULE IS OUTDATED. NO SUCH RULES  SHALL  BE
 RE-PROPOSED  UNDER THE EMERGENCY RULE MAKING PROCESS UNLESS SUCH RULE IS
 DETERMINED TO BE NECESSARY IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION
 TWO HUNDRED TWO OF THIS ARTICLE.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S327A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §207, St Ad Proc Act
Versions Introduced in 2015-2016 Legislative Session:: S6770

2017-S327A (ACTIVE) - Summary

Requires state agencies to review all rules adopted before 1997 over a certain period of time.

2017-S327A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S327A

SPONSOR: MURPHY
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
periodic review of existing rules

 
PURPOSE:

This bill would require state agencies to review all rules adopted
before 1997 over a certain period of time.

 
SUMMARY OF PROVISIONS:

Section one amends section 207 of the State Administrative Procedure Act
to require that all regulations adopted into law pre-1960 will be
reviewed and re-proposed by 2019, rules adopted between 1960 to 1970
will be reviewed and re-proposed by 2021, rules adopted between 1971 to
1980 will be reviewed and re-proposed by 2023, 1981 to 1990 will be
reviewed and re-proposed by 2025, and 1991 to 1996 will be reviewed and

re-proposed by 2027. Agencies will conduct their own respective reviews.
Agencies will determine the relevance of said rules with respect to
current technology, whether the rule is duplicative of federal regu-
lation, and weather the rule has become outdated. Agencies cannot
re-propose said regulations under the emergency rule making process
unless the rule is determined to be necessary for public health, safety,
or general welfare.

 
JUSTIFICATION:

According to most business advocacy groups (Business Council of New York
State, National Federation of Independent Business, and many chambers of
commerce), New York has too much regulation and cannot fully compete
with less regulated states. This bill will seek the sunset of all New
York State regulations in ten-year intervals, allowing for rules deemed
necessary to be re-proposed; however, regulations that effect the public
health and safety of state residents will not be affected. New York
State can no-longer continue to be one of the most heavily regulated
states in the nation.  Clearly, people and businesses are moving with
their feet to less regulated and less taxed states. This legislation
will seek to cut the State's regulatory burden and cut red tape for
small and large businesses so that they can grow and thrive here while
creating thousands of new jobs for our residents. In addition, this bill
will seek to eliminate many of the mandates placed on local governments
and school districts so that they can operate in a more efficient and
less costly manner.

 
LEGISLATIVE HISTORY:

2017: S327 - Cal. 132, third reading.
2015 - 2016: S.6770 - Advanced to third reading, cal. 420.

 
FISCAL IMPLICATIONS:

According to a 2013 Senate Majority Coalition report, "Public Forums on
Regulatory Reform," the estimated cost of regulations on New York
State's economy is $274 billion, approximately 23 percent of New York's
economy. When this bill is signed into law and its process of rule
review and elimination is completed, the State and its businesses will
see significant savings in the millions of dollars if similar numbers
can be achieved according to the report.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S327A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  327--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY,  AKSHAR, SEWARD -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Commerce,  Economic  Development  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  commit-
   tee
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   periodic review of existing rules
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 207 of the state administrative
 procedure act is amended by adding  a  new  paragraph  (c)  to  read  as
 follows:
   (C)  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH (A) AND (B) OF THIS
 SUBDIVISION, RULES:
   (I) ADOPTED BEFORE JANUARY FIRST, NINETEEN  HUNDRED  SIXTY,  SHALL  BE
 REVIEWED  AND  RE-PROPOSED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU-
 SAND NINETEEN;
   (II) ADOPTED BETWEEN JANUARY FIRST, NINETEEN HUNDRED SIXTY AND  DECEM-
 BER  THIRTY-FIRST,  NINETEEN  HUNDRED  SIXTY-NINE, SHALL BE REVIEWED AND
 RE-PROPOSED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE;
   (III) ADOPTED BETWEEN JANUARY  FIRST,  NINETEEN  HUNDRED  SEVENTY  AND
 DECEMBER  THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-NINE, SHALL BE REVIEWED
 AND RE-PROPOSED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWEN-
 TY-THREE;
   (IV) ADOPTED BETWEEN JANUARY FIRST, NINETEEN HUNDRED EIGHTY AND DECEM-
 BER  THIRTY-FIRST,  NINETEEN  HUNDRED EIGHTY-NINE, SHALL BE REVIEWED AND
 RE-PROPOSED ON OR BEFORE DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-
 FIVE; AND

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

                       [ ] is old law to be omitted.
                                                            LBD02330-02-7

 S. 327--A                           2
 
   (V)  ADOPTED BETWEEN JANUARY FIRST, NINETEEN HUNDRED NINETY AND DECEM-
 BER THIRTY-FIRST, NINETEEN HUNDRED NINETY-SIX,  SHALL  BE  REVIEWED  AND
 RE-PROPOSED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEV-
 EN.
   EACH  STATE  AGENCY SHALL REVIEW ITS OWN RULES IN ACCORDANCE WITH THIS
 PARAGRAPH. SUCH REVIEWS SHALL DETERMINE THE RELEVANCE OF EACH RULE  WITH
 RESPECT TO CURRENT TECHNOLOGY, WHETHER THE RULE IS DUPLICATIVE OF FEDER-
 AL  REGULATION  AND WHETHER THE RULE IS OUTDATED. NO SUCH RULES SHALL BE
 RE-PROPOSED UNDER THE EMERGENCY RULE MAKING PROCESS UNLESS SUCH RULE  IS
 DETERMINED TO BE NECESSARY IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION
 TWO HUNDRED TWO OF THIS ARTICLE.
   § 2. This act shall take effect immediately.

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Find your Senator and share your views on important issues.

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Senate Bill S327A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 8, 2018 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: May 8, 2018

Jan 31, 2017 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: Jan 31, 2017

Bill Amendments

co-Sponsors

2017-S327 - Details

2017-S327 - Summary

2017-S327 - Sponsor Memo

2017-S327 - Bill Text download pdf

co-Sponsors

2017-S327A (ACTIVE) - Details

2017-S327A (ACTIVE) - Summary

2017-S327A (ACTIVE) - Sponsor Memo

2017-S327A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

co-Sponsors

Fred Akshar

James L. Seward

2017-S327 - Details

2017-S327 - Summary

2017-S327 - Sponsor Memo

2017-S327 - Bill Text download pdf

co-Sponsors

Fred Akshar

James L. Seward

2017-S327A (ACTIVE) - Details

2017-S327A (ACTIVE) - Summary

2017-S327A (ACTIVE) - Sponsor Memo

2017-S327A (ACTIVE) - Bill Text download pdf

Comments