Bill Text: NY S01709 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 1709 (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 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S01709 Detail]

Download: New_York-2011-S01709-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1709
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 11, 2011
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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
         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
   22  MAY INCLUDE SOLICITATION OF INPUT THROUGH ELECTRONIC  MEANS  OR  THROUGH
   23  ANY  OF  THE ACTIVITIES LISTED IN SUBDIVISION SIX OF SECTION TWO HUNDRED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05982-01-1
       S. 1709                             2
    1  TWO-B AND SUBDIVISION SEVEN OF SECTION TWO HUNDRED TWO-BB OF THIS  ARTI-
    2  CLE.
    3    6.  THE  GOVERNOR'S  OFFICE  OF REGULATORY REFORM SHALL MONITOR AGENCY
    4  COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND SHALL MAKE  RECOMMEN-
    5  DATIONS  TO  AGENCIES  FOR  IMPROVED  COMPLIANCE  AND FOR PROVIDING MORE
    6  EFFECTIVE OUTREACH TO SMALL BUSINESSES, LOCAL  GOVERNMENTS,  AND  PUBLIC
    7  AND PRIVATE INTERESTS IN RURAL AREAS.
    8    S 2. Subdivision 1 of section 202-d of the state administrative proce-
    9  dure act is amended by adding a new paragraph (e) to read as follows:
   10    (E)  THE  GOVERNOR'S  OFFICE OF REGULATORY REFORM SHALL MONITOR AGENCY
   11  COMPLIANCE WITH THIS SECTION AND SHALL MAKE RECOMMENDATIONS TO  AGENCIES
   12  FOR  IMPROVED  COMPLIANCE  AND  FOR PROVIDING MORE EFFECTIVE OUTREACH TO
   13  SMALL BUSINESSES, LOCAL GOVERNMENTS AND PUBLIC AND PRIVATE INTERESTS  IN
   14  RURAL AREAS.
   15    S 3. This act shall take effect on the first of December next succeed-
   16  ing  the  date  on  which  it shall have become a law; provided that the
   17  amendments to subdivision 1 of section 202-d of the state administrative
   18  procedure act, made by section two of this act,  shall  not  affect  the
   19  expiration  of  such  subdivision pursuant to chapter 402 of the laws of
   20  1994, as amended, and shall expire therewith.