S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5721
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   the electronic distribution of rule making information

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a), (b) and (c) of subdivision 6-a of section
 202 of the state administrative procedure act, paragraphs (a) and (b) as
 amended by chapter 171 of the laws of 1994 and paragraph (c) as added by
 chapter 850 of the laws of 1990, are amended to read as follows:
   (a) An agency shall transmit a copy of any rule making notice prepared
 pursuant to this article to the governor, the temporary president of the
 senate, the speaker of the  assembly[,]  AND  the  administrative  regu-
 lations  review  commission [and the office of regulatory and management
 assistance] at the time such notice is submitted  to  the  secretary  of
 state  for  publication  in  the  state register. Such transmittal shall
 include the complete rule text, regulatory impact statement,  regulatory
 flexibility  analysis,  rural  area  flexibility  analysis, or revisions
 thereof, and any other information submitted to the secretary  of  state
 pursuant to this article.
   (b)  An agency shall make a copy of the complete text of any proposed,
 adopted or emergency rule, regulatory impact statement, regulatory flex-
 ibility analysis, rural area flexibility analysis, or revisions  thereof
 available  to the public at the time such documents are submitted to the
 secretary of state for publication in the state register and shall  send
 to any person a copy of such text upon written OR ELECTRONIC request.
   (c) An agency shall notify every person who has submitted a written OR
 ELECTRONIC  request  to  be notified of all proposed, revised, emergency
 and/or adopted rules which may affect such person. [Such] THE AGENCY MAY
 ALLOW REQUESTS FOR ONLY THE RULES OF PARTICULAR  DIVISIONS  OR  PROGRAMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10702-01-7

 S. 5721                             2
 
 WITHIN  THE AGENCY THAT ARE OF INTEREST TO SUCH PERSON. WRITTEN requests
 shall expire annually on the thirty-first day of December with  renewals
 for the succeeding year to be accepted on or after December first. ELEC-
 TRONIC  REQUESTS  SHALL  NOT EXPIRE, BUT SHALL CONTINUE UNTIL THE PERSON
 SUBMITS A REQUEST  TO  DISCONTINUE  SUCH  NOTIFICATION.  Notices  issued
 pursuant to such requests shall be sent [in writing] to the last address
 specified by the person. An agency may charge any person requesting such
 notice  a  fee  consisting  of  the  cost  of  preparation, handling and
 postage; PROVIDED, HOWEVER, THAT NO FEE SHALL BE CHARGED FOR  ELECTRONIC
 NOTICES.  AS  AN  ALTERNATIVE  TO  SENDING A DOCUMENT ELECTRONICALLY, AN
 AGENCY MAY IDENTIFY THE DOCUMENT AND PROVIDE A LINK TO  THE  SECTION  OF
 ITS WEBSITE CONTAINING THE FULL TEXT OF SUCH DOCUMENT.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.