Bill S5657B-2013

Establishes a task force for the review of the state administrative procedure act

Establishes a task force for the review of the state administrative procedure act.

Details

Actions

  • Feb 11, 2014: ADVANCED TO THIRD READING
  • Feb 10, 2014: 2ND REPORT CAL.
  • Feb 4, 2014: 1ST REPORT CAL.113
  • Jan 29, 2014: PRINT NUMBER 5657B
  • Jan 29, 2014: AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 17, 2014: PRINT NUMBER 5657A
  • Jan 17, 2014: AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 8, 2014: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 10, 2013: referred to governmental operations
  • Jun 10, 2013: DELIVERED TO ASSEMBLY
  • Jun 10, 2013: PASSED SENATE
  • Jun 4, 2013: ORDERED TO THIRD READING CAL.1040
  • May 31, 2013: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Feb 4, 2014
Ayes (7): Valesky, Boyle, Gallivan, Felder, Griffo, Robach, O'Brien
Ayes W/R (1): Kennedy
Nays (2): Hassell-Thompson, Sanders

Memo

BILL NUMBER:S5657B

TITLE OF BILL: An act to amend the state administrative procedure act, in relation to establishing a task force for the review of the state administrative procedure act

PURPOSE: Amends the state administrative procedure act, in relation to establishing a task force for the review of the state administrative procedure act to examine, evaluate, and make recommendations concerning the efficiency of the rulemaking process, whether this act ensures the establishment of consistent, uniform rules, and whether the statutory process results in rules, regulations, and licenses that are overly burdensome on regulated entities.

SUMMARY OF PROVISIONS: This bill would establish the Task Force for Review of the State Administrative Procedure Act (SAPA) that would be tasked with conducting a comprehensive review of the efficacy of SAPA. The Task Force would be required to examine, evaluate, and make recommendations concerning the efficiency of the rulemaking process, whether this act ensures the establishment of consistent, uniform rules, and whether the statutory process results in rules, regulations, and licenses that are overly burdensome on regulated entities. The Task Force would be comprised of 9 members, three of whom would be appointed by the Governor, two of whom would be appointed by the Temporary President of the Senate, two of whom would be appointed by the Speaker of the Assembly, one of whom would be appointed by the minority leader of the Senate, and one of whom would be appointed by the minority leader of the Assembly. The Task Force would be required to issue a report on or before December 31, 2015.

JUSTIFICATION: The State Administrative Procedure Act was first enacted in 1975 to create a uniform, consistent process to administrative rulemaking, adjudication, and licensing. Since 1975, this act has been amended numerous times but there has never been a comprehensive review of the efficacy of the act in its entirety. It is in the public interest to have such a comprehensive review to ensure that administrative rulemaking, adjudication, and licensing is consistent, uniform, and not unnecessarily burdensome for regulated entities.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 5657--B 2013-2014 Regular Sessions IN SENATE May 31, 2013 ___________
Introduced by Sens. GALLIVAN, MARCHIONE, CARLUCCI, BALL, GRISANTI, VALE- SKY -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Rules -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state administrative procedure act, in relation to establishing a task force for the review of the state administrative procedure act 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 article 6 to read as follows: ARTICLE 6 TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT SECTION 601. LEGISLATIVE INTENT. 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT. S 601. LEGISLATIVE INTENT. THE STATE ADMINISTRATIVE PROCEDURE ACT WAS FIRST ENACTED IN NINETEEN HUNDRED SEVENTY-FIVE TO CREATE A UNIFORM, CONSISTENT PROCESS TO ADMINISTRATIVE RULEMAKING, ADJUDICATION AND LICENSING. SINCE NINETEEN HUNDRED SEVENTY-FIVE THIS ACT HAS BEEN AMENDED NUMEROUS TIMES BUT THERE HAS NEVER BEEN A COMPREHENSIVE REVIEW OF THE EFFICACY OF THE ACT IN ITS ENTIRETY. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT IT IS IN THE PUBLIC INTEREST TO HAVE SUCH A COMPREHENSIVE REVIEW TO ENSURE THAT ADMINISTRATIVE RULEMAKING, ADJUDICATION AND LICENSING IS CONSISTENT, UNIFORM, AND NOT UNNECESSARILY BURDENSOME FOR REGULATED ENTITIES.
S 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT. 1. THERE SHALL BE ESTABLISHED A TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT ("TASK FORCE"). SUCH TASK FORCE SHALL EXAMINE, EVALUATE AND MAKE RECOMMENDATIONS CONCERNING THE EFFICIENCY OF THE RULEMAKING PROCESS, WHETHER THIS ACT ENSURES THE ESTABLISHMENT OF CONSISTENT, UNIFORM RULES AND WHETHER THE STATUTORY PROCESS RESULTS IN RULES, REGULATIONS AND LICENSES THAT ARE OVERLY BURDENSOME ON REGULATED ENTITIES. 2. THE TASK FORCE SHALL BE COMPOSED OF NINE MEMBERS APPOINTED AS FOLLOWS: THREE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST ONE OF WHOM SHALL BE CHOSEN FROM AMONG THE COMMISSIONERS OF AGENCIES WITH SIGNIF- ICANT REGULATORY OVERSIGHT; TWO MEMBERS APPOINTED BY THE TEMPORARY PRES- IDENT OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION; TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF WHICH SHALL BE THE ASSEMBLY CHAIR- PERSON OF THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION; ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE TASK FORCE. ALL APPOINTED MEMBERS OF THE TASK FORCE SHALL HAVE EXPERIENCE IN REGULATORY OR ADMINISTRATIVE LAW, OR EXPERIENCE IN A FIELD REGULATED BY MULTIPLE STATE AGENCIES, OR A REPRESENTATIVE OF ORGANIZED LABOR IN A REGULATED FIELD. 3. THE TASK FORCE SHALL HOLD PUBLIC HEARINGS THROUGHOUT THE STATE AND SHALL HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE LEGIS- LATIVE LAW. THE TASK FORCE SHALL CONSULT WITH MEMBERS OF THE SMALL BUSINESS AND AGRICULTURAL COMMUNITIES AND REGULATED ENTITIES AND CITI- ZENS FROM EVERY REGION OF THE STATE. 4. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE TASK FORCE SHALL PROVIDE A WRITTEN REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD- ER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE CHAIR- PERSONS OF THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, RECOMMENDATIONS FOR SPECIFIC AMENDMENTS TO THIS ACT AS WELL AS ANY ADDITIONAL RECOMMENDATIONS THE TASK FORCE DEEMS RELEVANT. ANY RECOMMENDATIONS SHALL INCORPORATE THE FOLLOWING PRINCIPLES: (A) AGENCIES SHOULD CONDUCT RISK ASSESSMENTS BASED ON THE BEST-AVAILABLE DATA AND SCIENCE; (B) AGENCIES SHOULD ENSURE THAT A FULL COST BENEFIT ANALYSIS IS UNDERTAKEN FOR MAJOR REGULATIONS; (C) THE RULEMAKING PROCESS MUST INCLUDE AN OBJECTIVE, TRANSPARENT PEER AND PUBLIC REVIEW; (D) REGULATIONS SHOULD BE SUBJECT TO LEGISLATIVE AND JUDICIAL OVERSIGHT AND REVIEW; AND (E) AGENCIES SHOULD PRIORITIZE COMPLIANCE OVER ENFORCEMENT. 5. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION. 6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO REQUEST AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI- TIES, RESOURCES AND DATA OF ANY COURT, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION OR PUBLIC AUTHORITY THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION. S 2. This act shall take effect immediately.

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