Bill Text: NY A07453 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 7453 (Prior Session Legislation)

Introduced

Bill Title: Directs state agencies reviewing existing rules to conduct outreach to small businesses, localities, and rural interests under certain circumstances; requires the governor's office of regulatory reform to monitor state agencies relating to their review of existing rules and their outreach to small businesses, local governments, and public and private interests in rural areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A07453 Detail]

Download: New_York-2009-A07453-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4101                                                  A. 7453
                              2009-2010 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                     April 9, 2009
                                      ___________
       IN SENATE -- Introduced by Sen. SAMPSON -- read twice and ordered print-
         ed,  and  when  printed  to be committed to the Committee on Commerce,
         Economic Development and Small Business
       IN ASSEMBLY -- Introduced by M. of A. GIANARIS -- read once and referred
         to the Committee on Governmental Operations
       AN ACT to amend the state administrative procedure act, in  relation  to
         improving the review of existing rules and agency outreach efforts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 207 of  the  state  administrative
    2  procedure act, as amended by chapter 327 of the laws of 2003, is amended
    3  and a new subdivision 6 is added to read as follows:
    4    2.  An  agency  shall  submit for publication in the regulatory agenda
    5  published in January pursuant to section two hundred two-d of this arti-
    6  cle a list of the rules which must be reviewed pursuant  to  subdivision
    7  one  of  this  section  in the ensuing calendar year. In addition to the
    8  information required by such section two hundred two-d, for each rule so
    9  listed the agency shall provide an analysis of the need  for  and  legal
   10  basis  of  such rule, shall invite public comment on the continuation or
   11  modification of the rule and shall indicate the last date for submission
   12  of comments which shall be not less than forty-five days from  the  date
   13  of  publication.  AN  AGENCY THAT PUBLISHES ITS REGULATORY AGENDA ON ITS
   14  WEBSITE SHALL ALSO PUBLISH THE LIST  OF  RULES  THAT  MUST  BE  REVIEWED
   15  PURSUANT  TO  THIS  SECTION ON ITS WEBSITE. ANY OTHER AGENCY MAY PUBLISH
   16  SUCH LIST ON ITS WEBSITE. IF THE ORIGINAL NOTICE OF PROPOSED RULE MAKING
   17  FOR A LISTED RULE REQUIRED THE PREPARATION OF A  REGULATORY  FLEXIBILITY
   18  ANALYSIS  AND/OR  A RURAL AREA FLEXIBILITY ANALYSIS, THE AGENCY SHALL SO
   19  INDICATE AND  SHALL  PROVIDE  OUTREACH  AS  APPROPRIATE  TO  POTENTIALLY
   20  AFFECTED  SMALL  BUSINESSES,  LOCAL  GOVERNMENTS  AND PUBLIC AND PRIVATE
   21  INTERESTS IN RURAL AREAS THAT THE RULE IS BEING REVIEWED. SUCH  OUTREACH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03849-02-9
       S. 4101                             2                            A. 7453
    1  MAY  INCLUDE  SOLICITATION  OF INPUT THROUGH ELECTRONIC MEANS OR THROUGH
    2  ANY OF THE ACTIVITIES LISTED IN SUBDIVISION SIX OF SECTION  TWO  HUNDRED
    3  TWO-B  AND SUBDIVISION SEVEN OF SECTION TWO HUNDRED TWO-BB OF THIS ARTI-
    4  CLE.
    5    6.  THE  GOVERNOR'S  OFFICE  OF REGULATORY REFORM SHALL MONITOR AGENCY
    6  COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND SHALL MAKE  RECOMMEN-
    7  DATIONS  TO  AGENCIES  FOR  IMPROVED  COMPLIANCE  AND FOR PROVIDING MORE
    8  EFFECTIVE OUTREACH TO SMALL BUSINESSES, LOCAL  GOVERNMENTS,  AND  PUBLIC
    9  AND PRIVATE INTERESTS IN RURAL AREAS.
   10    S 2. Subdivision 1 of section 202-d of the state administrative proce-
   11  dure act is amended by adding a new paragraph (e) to read as follows:
   12    (E)  THE  GOVERNOR'S  OFFICE OF REGULATORY REFORM SHALL MONITOR AGENCY
   13  COMPLIANCE WITH THIS SECTION AND SHALL MAKE RECOMMENDATIONS TO  AGENCIES
   14  FOR  IMPROVED  COMPLIANCE  AND  FOR PROVIDING MORE EFFECTIVE OUTREACH TO
   15  SMALL BUSINESSES, LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE INTERESTS  IN
   16  RURAL AREAS.
   17    S 3. This act shall take effect on the first of December next succeed-
   18  ing  the  date  on  which  it shall have become a law; provided that the
   19  amendments to subdivision 1 of section 202-d of the state administrative
   20  procedure act, made by section two of this act,  shall  not  affect  the
   21  expiration  of  such  subdivision pursuant to chapter 402 of the laws of
   22  1994, as amended, and shall expire therewith.