Bill Text: NY S05889 | 2013-2014 | General Assembly | Introduced

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Bill Title: Makes technical amendments to the START-UP NY program.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S05889 Detail]

Download: New_York-2013-S05889-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5889
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 19, 2013
                                      ___________
       Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the executive law, in relation to making certain techni-
         cal amendments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  opening paragraph of subdivision 2 of section 666 of
    2  the executive law, as amended by section 1 of part B of a chapter of the
    3  laws of 2013 amending the economic development law and other laws relat-
    4  ing to establishing the START-UP NY program, as proposed in  legislative
    5  bill number S.5884, is amended to read as follows:
    6    There  is  hereby  created within the executive department the mandate
    7  AND REGULATORY relief  council,  which  shall  be  comprised  of  eleven
    8  members  as  follows: the secretary to the governor, who shall chair the
    9  council, the counsel to the governor, the director of  the  division  of
   10  the  budget,  the secretary of state, and three additional members to be
   11  appointed by the governor from among his or her executive chamber staff,
   12  two members to be appointed by the temporary president  of  the  senate,
   13  and two members to be appointed by the speaker of the assembly.
   14    S 2. Paragraph b of subdivision 3 of section 666 of the executive law,
   15  as  amended  by  section  1  of  part B of a chapter of the laws of 2013
   16  amending the economic development law and other laws relating to  estab-
   17  lishing  the START-UP NY program, as proposed in legislative bill number
   18  S.5884, is amended to read as follows:
   19    b. upon a two-thirds vote, refer a  regulation  to  the  governor  for
   20  repeal or modification, where the council has previously determined that
   21  such  regulation imposes upon any local government OR BUSINESS a mandate
   22  in an unsound, unduly burdensome or costly manner, so as to  necessitate
   23  that  it be eliminated or reformed. Upon receipt of such referral by the
   24  council, the governor shall within sixty days, direct the  state  agency
   25  responsible  for  the promulgation, repeal or modification of such regu-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11599-02-3
       S. 5889                             2
    1  lation to effectuate such  repeal  or  modification  of  the  regulation
    2  pursuant  to the procedures that such agency would otherwise be required
    3  to follow under the law, had such agency on its  own  accord  sought  to
    4  repeal or modify the regulation.
    5    S  3.  The  opening  paragraph  of subdivision 5 of section 666 of the
    6  executive law is designated paragraph (a) and a  new  paragraph  (b)  is
    7  added to read as follows:
    8    (B)  BUSINESS  REQUEST.  A  BUSINESS  MAY  ASK THE COUNCIL TO REVIEW A
    9  SPECIFIC STATUTE, REGULATION, RULE  OR  ORDER  OF  STATE  GOVERNMENT  TO
   10  DETERMINE  WHETHER  SUCH  STATUTE,  REGULATION,  RULE  OR ORDER OF STATE
   11  GOVERNMENT IS UNSOUND, UNDULY BURDENSOME OR COSTLY SO AS TO REQUIRE THAT
   12  IT BE ELIMINATED OR REFORMED.  NO BUSINESS MAY MAKE MORE THAN THREE SUCH
   13  REQUESTS IN EACH CALENDAR YEAR. UPON SUCH REVIEW, THE COUNCIL SHALL,  BY
   14  MAJORITY VOTE, DETERMINE WHETHER SUCH MANDATE HAS BEEN IMPOSED UPON SUCH
   15  BUSINESS  IN  AN  UNSOUND,  UNDULY BURDENSOME OR COSTLY MANNER, SO AS TO
   16  NECESSITATE THAT IT BE ELIMINATED OR REFORMED. A  DETERMINATION  OF  THE
   17  COUNCIL  SHALL  RESOLVE  ANY  DISPUTE  REGARDING WHETHER SUCH A STATUTE,
   18  REGULATION, RULE OR ORDER IS UNSOUND, UNDULY BURDENSOME OR  COSTLY,  BUT
   19  SHALL NOT BE DEEMED A JUDICIAL DETERMINATION UNDER THE LAW.
   20    S  4.  This  act  shall  take  effect on the same date and in the same
   21  manner as part B of a chapter of the laws of 2013 amending the  economic
   22  development  law and other laws relating to establishing the START-UP NY
   23  program, as proposed in legislative bill number S.5884, takes effect.