Senate Bill S861

2019-2020 Legislative Session

Broadens considerations required during review of existing administrative rules and during creation of new rules

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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-S861 (ACTIVE) - Details

See Assembly Version of this Bill:
A5383
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §§207 & 202, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2013-2014: S6869
2015-2016: S406
2017-2018: S3386, A10330

2019-S861 (ACTIVE) - Summary

Broadens considerations required during review of existing administrative rules and during creation of new rules.

2019-S861 (ACTIVE) - Sponsor Memo

2019-S861 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    861
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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
   review of existing rules and rule making procedure

   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 and subdivisions 2 and 4 of
 section 207 of the state administrative procedure act, paragraph (a)  of
 subdivision 1 and subdivision 2 as amended by chapter 462 of the laws of
 2012  and subdivision 4 as added by chapter 262 of the laws of 1996, are
 amended to read as follows:
   (a) Unless the contrary is specifically provided by paragraph  (b)  of
 this  subdivision  or  by  another  law, any rule which is adopted on or
 after the effective date of this section shall be reviewed in the calen-
 dar year specified in the notice of adoption for the rule, provided that
 at a minimum every rule shall be initially reviewed no later than in the
 fifth calendar year after the year in which the rule  is  adopted,  and,
 thereafter,  every rule shall be re-reviewed at five-year intervals. ALL
 RULES ADOPTED BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL  BE
 INITIALLY REVIEWED NO LATER THAN IN THE TWO THOUSAND TWENTY-THREE CALEN-
 DAR  YEAR, AND, THEREAFTER, EVERY RULE SHALL BE RE-REVIEWED AT FIVE-YEAR
 INTERVALS.
   2. An agency shall submit for publication  in  the  regulatory  agenda
 published in January pursuant to section two hundred two-d of this arti-
 cle  a  list of the rules which must be reviewed pursuant to subdivision
 one of this section in the ensuing calendar year.  In  addition  to  the
 information required by such section two hundred two-d, for each rule so
 listed  the  agency shall provide an analysis of [the need for and legal
 basis of such rule,]: (A) THE NEED  FOR SUCH RULE, (B) THE  LEGAL  BASIS
 OF  SUCH  RULE, (C) WHETHER THE RULE IS DUPLICATIVE OF ANY OTHER RULE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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