Senate Bill S5795

Signed By Governor
2017-2018 Legislative Session

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days

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Sponsored By

Archive: Last Bill Status Via A8408 - 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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Bill Amendments

co-Sponsors

2017-S5795 - Details

Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act; amd §101-a, Exec L
Versions Introduced in 2015-2016 Legislative Session:
S5418

2017-S5795 - Summary

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days.

2017-S5795 - Sponsor Memo

2017-S5795 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5795
 
                        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 and the executive
   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
 rule  as  provided in subparagraph (v) of paragraph (f) of this subdivi-
 sion, the full text of the proposed rule shall be posted  on  a  website
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S5795A (ACTIVE) - Details

Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act; amd §101-a, Exec L
Versions Introduced in 2015-2016 Legislative Session:
S5418

2017-S5795A (ACTIVE) - Summary

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days.

2017-S5795A (ACTIVE) - Sponsor Memo

2017-S5795A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5795--A
     Cal. No. 977
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2017
                                ___________
 
 Introduced  by  Sens.  JACOBS, LARKIN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business --  committee  discharged  and  said
   bill  committed  to  the Committee on Rules -- reported favorably from
   said committee, ordered to a  third  reading,  passed  by  Senate  and
   delivered  to  the  Assembly, recalled, vote reconsidered, restored to
   third reading, amended and ordered reprinted, retaining its  place  in
   the order of third reading
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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