Assembly Bill A1048

2019-2020 Legislative Session

Establishes procedures for negotiated rule making

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Archive: Last Bill Status - In Assembly 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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2019-A1048 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 2-A §§250 - 258, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2015-2016: A6993
2017-2018: A5777

2019-A1048 (ACTIVE) - Summary

Establishes procedures for negotiated rule making.

2019-A1048 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2019-2020 Regular Sessions
                           I N  A S S E M B L Y
                             January 14, 2019
 Introduced  by M. of A. SIMOTAS, HAWLEY -- read once and referred to the
   Committee on Governmental Operations
 AN ACT to amend the state administrative procedure act, in  relation  to
   negotiated rule making

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "small business negotiated rule making act of 2019".
   §  2.  Legislative intent. The legislature hereby finds that providing
 additional opportunities for direct small business  and  public  partic-
 ipation  in  the  development  of  potentially  controversial  rules can
 enhance the ability of the agency to develop the  most  appropriate  and
 effective regulatory language, and can reduce the time and expense occa-
 sioned  by  litigation  over the rule. Negotiated rule making provides a
 means of improving the substance and  increasing  the  acceptability  of
 rules,  by  affording  to the agency, regulated small businesses and the
 public the opportunity for face-to-face negotiations over a rule  making
 proposal  which  is under development by the agency. The opportunity for
 representatives of the various persons and small  businesses  interested
 in  a  rule to meet and communicate with each other provides a framework
 for the sharing of information, knowledge  and  expertise  in  order  to
 develop  a  consensus  on the most effective and appropriate rule making
 proposal.  Fair representation of all interested parties and  a  skilled
 facilitator  are  essential  elements  of  a  successful negotiated rule
 making process.
   Therefore, the legislature declares it to be in the public interest to
 set forth a statutory process for negotiated rule making  in  the  state
 administrative  procedure  act  as  an  alternative  means of developing
 appropriate and effective proposed rules.
   § 3. The state administrative procedure act is amended by adding a new
 article 2-A to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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