Assembly Bill A8408

Signed By Governor
2017-2018 Legislative Session

Relates to the comment period for proposed rules

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2017-A8408 (ACTIVE) - Details

See Senate Version of this Bill:
S5795
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act; amd §101-a, Exec L; amd §§3-0301, 19-0303, 27-0705, 35-0109 & 37-0105, En Con L
Versions Introduced in 2015-2016 Legislative Session:
S5418

2017-A8408 (ACTIVE) - Summary

Relates to the comment period for proposed rules.

2017-A8408 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8408
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  ZEBROWSKI, PEOPLES-STOKES, CAHILL,
   PAULIN, NOLAN, LENTOL, LAVINE, ENGLEBRIGHT,  ORTIZ,  GALEF  --  Multi-
   Sponsored  by -- M. of A. MOSLEY, PHEFFER AMATO, RAIA -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the state administrative procedure  act,  the  executive
   law and the environmental conservation 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 304 of the laws of
 2016, 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,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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