Provides a procedure for delaying the effective date of proposed agency rules.
TITLE OF BILL: An act to amend the state administrative procedure act, in relation to providing a procedure for delaying the effective date of proposed agency rules
PURPOSE: To provide a procedure for delaying the effective date of a proposed agency ruling.
SUMMARY OF PROVISIONS:
Section 1 amends Section 202 of the State Administrative Procedure Act by adding a new subdivision 10 to allow the delay of agency rule making by 90 days beyond that permitted in this section, so long as two-thirds of ARRC membership votes in approval. Notice of an effective date that was delayed under this provision shall be published in the New York State Register.
Section 2 states the act shall take effect immediately.
EXISTING LAW: SAPA has no provisions to allow for formal requests to delay agency rule makings.
JUSTIFICATION: Occasionally, agencies will propose regulations that create severe controversy or may be drafted in such a way as to contain a flaw or flaws in the processes that the proposed rule making attempts to correct. For this reason, ARRC needs the ability to delay a proposed rule's effective date by 90 days to discuss alternatives to correct matters for all parties involved.
LEGISLATIVE HISTORY: This is a new bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 6501 IN SENATE January 30, 2014 ___________Introduced by Sens. MARCHIONE, VALESKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the state administrative procedure act, in relation to providing a procedure for delaying the effective date of proposed agency rules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 202 of the state administrative procedure act is amended by adding a new subdivision 10 to read as follows: 10. DELAY. UPON THE VOTE OF TWO-THIRDS OF ITS MEMBERS THE ADMINISTRA- TIVE REGULATIONS REVIEW COMMISSION MAY DELAY THE EFFECTIVE DATE OF A RULE FOR NINETY DAYS BEYOND THAT PERMITTED IN THIS SECTION, UNLESS THE RULE WAS PROMULGATED UNDER SUBDIVISION SIX OF THIS SECTION. THIS PROVISION SHALL BE UTILIZED BY THE COMMISSION ONLY IF FURTHER TIME IS NECESSARY TO STUDY AND EXAMINE THE RULE. NOTICE OF AN EFFECTIVE DATE THAT WAS DELAYED UNDER THIS PROVISION SHALL BE PUBLISHED IN THE NEW YORK STATE REGISTER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10102-01-3