Relates to rules and regulations of the state; requires recommendations on repealing unnecessary or otherwise burdensome rules and regulations; requires the repeal of such rules or regulations by the governor.
Ayes (39): Ball, Bonacic, Boyle, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Kennedy, Klein, Lanza, Larkin, Latimer, Libous, Little, Marcellino, Marchione, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (23): Adams, Addabbo, Avella, Breslin, Espaillat, Gianaris, Gipson, Hannon, Hassell-Thomps, Hoylman, Krueger, LaValle, Montgomery, Parker, Perkins, Rivera, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousin, Tkaczyk
Excused (1): Martins
TITLE OF BILL: An act relating to rules and regulations of the state
PURPOSE: This bill seeks to start the process of repealing, agency rules and regulations that are an impediment to economic growth and job creation by establishing a timetable for state agencies to identify rules that should or could be repealed, for the Department of Economic Development to review and make recommendations with respect to such rules, to have the Governor identify at least 1,000 rules to repeal and for repeal of the identified rules.
SUMMARY OF PROVISIONS:
Section 1 of the bill directs state agencies, departments, public benefit corporations and authorities to submit to the Governor, the legislative leaders and ARRC by 8/31/2013 a comprehensive list of adopted rules and regulations, an explanation of the agency's need for each such rule or regulation, and those no longer necessary with a recommendation for repeal.
Section 2 requires the Department of Economic Development to review the lists established pursuant to section 1 and to make recommendation for repeal of rules or regulations that are an impediment to economic growth and job creation by 11/30/2013. ARRC shall also review the lists and make similar recommendations.
Section 3 of the bill requires the Governor, by 12/31/2013, to identify at least 1,000 rules or regulations to repeal, including any that are an impediment to economic growth and job creation.
Section 4 of the bill requires the Governor to repeal at least 1,000 rules or regulations, following SAPA procedures, by April 1, 2014.
EXISTING LAW: Current law does not provide either a requirement or timetable for repeal of unnecessary state rules and regulations and those that are impediments to economic growth and job creation.
JUSTIFICATION: New York's Code of Rules and Regulations is comprised of 23 Titles in 83 volumes. This legislation is modeled on a successful effort in the State of Florida that led to more than 3,000 rules and regulations being identified for repeal or revision. Excessive state agency rules and regulations add costs to small business, stifle innovation and make New York less competitive than other states. In order to create a pro- job growth climate in this state, we need to clear away all unnecessary state regulation that serves no legitimate government purpose.
LEGISLATIVE HISTORY: This is a new bill.
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 5166 2013-2014 Regular Sessions IN SENATE May 13, 2013 ___________Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT relating to rules and regulations of the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Every state agency, department, public benefit corporation, or authority with legislative authorization to promulgate regulations shall prepare and submit to the governor, temporary president of the senate, speaker of the assembly, minority leaders of the senate and assembly, commissioners of the Administrative Regulations Review Commis- sion (ARRC), and the department of economic development, on or before August 31, 2013, the following: a. a comprehensive list of their adopted rules and regulations; b. an explanation of the agency's or authority's need for the rule or regulation; and c. if no longer necessary, a recommendation for repeal. S 2. On or before November 30, 2013, the department of economic devel- opment shall review the lists developed pursuant to section one of this act and make recommendations to repeal regulations that otherwise are an impediment to economic growth and job creation. The department shall consult with local and regional economic development entities prior to issuing its recommendation. The chairpersons of ARRC shall likewise review the lists developed pursuant to section one of this act and make recommendations to repeal regulations that otherwise are an impediment to economic growth and job creation. S 3. a. On or before December 31, 2013, the governor shall identify at least one thousand adopted rules or regulations to repeal, including any rule or regulation that is an impediment to economic growth and job creation, which is not outweighed by substantial state regulatory inter- est. The governor shall provide a copy of this list to the temporaryEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10777-01-3 S. 5166 2
president of the senate, speaker of the assembly, minority leaders of the senate and assembly, commissioners of the Administrative Regulations Review Commission (ARRC), and the department of economic development. b. Such rules and regulations identified for repeal shall be published in the state register for a period of no less than forty-five days. S 4. On or before April 1, 2014, the governor shall repeal at least one thousand rules or regulations in accordance with established proce- dure set out in subdivision 1 of section 202 of the state administrative procedure act. S 5. This act shall take effect immediately.