NY State Senate Bill 2017-S5792

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

	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

- Jun 7, 2018 - Commerce, Economic Development And Small Business Committee Vote
  S5792
  
  10
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Jun 7, 2018
      
      aye (10)
      
      Bailey
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Persaud
      
      Robach
      
      nay (1)
      
      Sanders Jr.

2017-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
2021-2022: A1318
2023-2024: A5615

2017-S5792 (ACTIVE) - Summary

Relates to public petitions for rule making.

2017-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.

An agency shall maintain a publicly available file of petitions it
receives and shall post information on its website on the process for
submitting petitions and comments on the same, the text or summary of
each petition received and any written denials issued on petitions.

No specific action is required on a petition unless it is the subject
of substantial public interest, as indicated by the signatures of 100
or more New York State residents. Such petitions must either be denied
in writing within 180 days of receipt or a notice of proposed rule
making must be issued within 270 days of such receipt.

 EXISTING LAW :

This bill establishes a new petition process in SAPA, and is not
intended to limit or modify other statutory provisions regarding
petitions for rules, such as Agriculture & Markets Law § 36-a and
Labor Law § 676.

 JUSTIFICATION :

In the United States of America, we expect the government to be "of
the people, by the people, for the people." For many years, the
Federal Administrative Procedure Act has required agencies to accept
public petitions for rule changes. Various forms of this requirement
can be found in the administrative rulemaking statutes of other
states, as well as the New York City Charter. New Yorkers could also
benefit from a process that allows them to request changes to the
rules and regulations that are adopted and enforced by state agencies.

This bill preserves the ability of an agency to ultimately determine
priorities for changes in policy, while including assurances that
issues of significant public interest will be considered on their
merits. Any petition that is signed by 100 or more New York State
residents must either be denied in writing by the agency or a notice
of proposed rule making must be issued. This will allow the agency to
obtain further public input and a more complete assessment of popular
sentiment on the issue in question.

 LEGISLATIVE HISTORY :

A.1586 of 2015-16,
A9560 of 2013-14.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.   EFFECTIVE DATE :
First day of January after having become a law.

2017-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.

                                                            LBD02220-01-7

 S. 5792                             2
 
   3. AN AGENCY SHALL MAINTAIN A PUBLICLY  AVAILABLE  FILE  OF  PETITIONS
 SUBMITTED TO IT PURSUANT TO THIS SECTION AND SHALL:
   (A)  POST INFORMATION ON ITS WEBSITE ON HOW PETITIONS MAY BE SUBMITTED
 TO THE AGENCY AND HOW THE PUBLIC MAY COMMENT ON SUCH PETITIONS;
   (B) POST A NOTICE WITHIN THIRTY DAYS OF RECEIPT  OF  A  PETITION  THAT
 INCLUDES THE FULL TEXT OR A SUMMARY THEREOF; AND
   (C)  SHALL  POST  WITHIN THIRTY DAYS OF ISSUANCE A WRITTEN DENIAL OF A
 PETITION.
   4. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  AN
 AGENCY  SHALL  NOT BE REQUIRED TO TAKE ANY ACTION IN RESPONSE TO A PETI-
 TION, BUT MAY IN ITS DISCRETION PUBLISH A NOTICE OF PROPOSED RULE MAKING
 OR A WRITTEN DENIAL OF A PETITION OR MAY SOLICIT ADDITIONAL INFORMATION,
 THROUGH THE CONDUCT OF PUBLIC HEARINGS OR OTHERWISE, ON THE MERITS OF  A
 PETITION.
   (B)  WITHIN  ONE  HUNDRED EIGHTY DAYS OF RECEIPT OF A PETITION MEETING
 THE REQUIREMENTS OF THIS SECTION THAT HAS BEEN SIGNED BY ONE HUNDRED  OR
 MORE RESIDENTS OF THE STATE, AN AGENCY SHALL EITHER DENY THE PETITION IN
 WRITING,  STATING  ITS REASONS FOR DENIAL, OR ISSUE A NOTICE OF PROPOSED
 RULE MAKING IN ACCORDANCE WITH THIS ARTICLE.   SUCH NOTICE  OF  PROPOSED
 RULE  MAKING  SHALL  INCLUDE  INFORMATION ON THE INITIATING PETITION AND
 SHALL BE SUBMITTED FOR PUBLICATION IN  THE  STATE  REGISTER  WITHIN  TWO
 HUNDRED  SEVENTY  DAYS  OF RECEIPT OF SUCH PETITION. THE AGENCY MAY VARY
 THE TEXT OF THE PROPOSED RULE FROM THE TEXT SUBMITTED WITH THE PETITION.
   (C) DENIAL OF A PETITION ON THE BASIS THAT IT DOES NOT MEET THE  MINI-
 MUM  REQUIREMENTS  OF THIS SECTION DOES NOT PRECLUDE THE SUBMISSION OF A
 NEW PETITION ON THE SAME SUBJECT THAT SEEKS TO CORRECT ANY DEFICIENCIES.
   5. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  LIMIT  OR  MODIFY  THE
 APPLICABILITY OF ANY OTHER PROVISION OF LAW CONCERNING PETITIONS FOR THE
 ADOPTION, MODIFICATION OR REVOCATION OF RULES, INCLUDING BUT NOT LIMITED
 TO  SECTION  THIRTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW AND SECTION
 SIX HUNDRED SEVENTY-SIX OF THE LABOR LAW.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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Senate Bill S5792

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 7, 2018 - Commerce, Economic Development And Small Business Committee Vote

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

2017-S5792 (ACTIVE) - Details

2017-S5792 (ACTIVE) - Summary

2017-S5792 (ACTIVE) - Sponsor Memo

2017-S5792 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5792

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Sponsored By

Chris Jacobs

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S5792 (ACTIVE) - Details

2017-S5792 (ACTIVE) - Summary

2017-S5792 (ACTIVE) - Sponsor Memo

2017-S5792 (ACTIVE) - Bill Text download pdf

Comments