senate Bill S5792

2017-2018 Legislative Session

Relates to public petitions for rule making

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (3)
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

Votes

view votes

Jun 7, 2018 - Commerce, Economic Development and Small Business committee Vote

S5792
10
1
committee
10
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Jun 7, 2018

nay (1)

S5792 (ACTIVE) - Details

See Assembly Version of this Bill:
A6459
Current Committee:
Senate Rules
Law Section:
State Administrative Procedure Act
Laws Affected:
Add §208, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2013-2014: A9560
2015-2016: S4318, A1586
2019-2020: A3521

S5792 (ACTIVE) - Summary

Relates to public petitions for rule making.

S5792 (ACTIVE) - Sponsor Memo

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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