|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 07, 2018||reported and committed to rules|
|Jan 03, 2018||referred to commerce, economic development and small business|
|May 01, 2017||referred to commerce, economic development and small business|
senate Bill S5792
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5792 (ACTIVE) - Details
S5792 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5792 TITLE OF BILL : An act to amend the state administrative procedure act, in relation to public petitions for rule making PURPOSE : This bill would establish a formal process for the public to petition state agencies for the adoption, amendment or repeal of rules, including a required agency response when a petition is signed by 100 or more New York residents. SUMMARY OF PROVISIONS : Bill § 1 adds a new § 208 to the State Administrative Procedure Act (SAPA) that sets forth a process for the public to seek adoption, repeal or other changes in state agency rules. A petition must meet minimum requirements, including: -identifying petitioners by name and address; -setting forth the text of the rule to be changed or adopted; and -indicating the authority and justification for the change, including the public benefit.
S5792 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5792 2017-2018 Regular Sessions I N S E N A T E May 1, 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 public petitions for rule making 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 section 208 to read as follows: § 208. PUBLIC PETITIONS FOR RULE MAKING. 1. ANY PERSON OR PERSONS MAY PETITION AN AGENCY TO REQUEST THE ADOPTION, AMENDMENT, OR REPEAL OF A RULE. 2. A PETITION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS: (A) THE PETITION SHALL INCLUDE THE FULL NAME AND ADDRESS OF EACH PETI- TIONER AND OF ANY ENTITY OR ORGANIZATION WITH WHICH THE PETITIONER IS AFFILIATED; AND IF THERE ARE MULTIPLE PETITIONERS SHALL IDENTIFY THE PERSON TO WHOM COMMUNICATIONS CONCERNING THE PETITION SHOULD BE DIRECTED; (B) THE TEXT OF ANY PROPOSED CHANGES TO THE CURRENT RULES SHALL BE SUBMITTED IN A MANNER THAT CLEARLY IDENTIFIES THE WORDS TO BE ADDED TO OR DELETED FROM THE CURRENT RULES OF THE AGENCY; (C) THE PETITION SHALL IDENTIFY THE STATUTORY AUTHORITY FOR THE PROPOSED RULE; (D) THE PETITION SHALL INDICATE THE JUSTIFICATION FOR THE PROPOSED RULE, INCLUDING AN IDENTIFICATION OF THE PUBLIC BENEFIT OF THE ADOPTION, AMENDMENT OR REPEAL; (E) ANY PETITION THAT CONCERNS THE RULES OF MORE THAN ONE AGENCY SHALL BE SUBMITTED TO EACH SUCH AGENCY; AND (F) THE PETITION SHALL BE LIMITED TO ONE RULE OR A RELATED SERIES OF RULES AND SHALL NOT CONCERN ANY MATTER WHICH IS THE SUBJECT OF A CURRENT NOTICE OF PROPOSED RULE MAKING OR NOTICE OF EMERGENCY ADOPTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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