Bill Text: NY S06095 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides the administrative regulations review commission with the ability to delay the adoption of proposed administrative rules.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-05-02 - referred to governmental operations [S06095 Detail]

Download: New_York-2017-S06095-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6095
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the legislative law and the state administrative  proce-
          dure  act,  in  relation  to  providing the administrative regulations
          review commission with the ability to delay the adoption  of  proposed
          administrative rules
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 87 of the legislative law is amended  by  adding  a
     2  new subdivision 4 to read as follows:
     3    4.  The  commission  shall  have  the power to delay the adoption of a
     4  proposed administrative rule. Should in the performance of its duties, a
     5  majority of the members of the commission agree that a proposed adminis-
     6  trative rule raises one or more questions or concerns in relation to any
     7  of the four issues for consideration that are specified  in  subdivision
     8  one  of  this section, the commission may, in writing, notify the agency
     9  responsible for the proposed rule that the  commission  has  decided  to
    10  delay  the  adoption  of  the rule by ninety days.   A written letter to
    11  delay adoption of a proposed rule must be mailed  or  delivered  to  the
    12  agency that proposed the rule at issue. A valid letter to delay adoption
    13  of  a  rule  must  be  signed  by each member of the commission that has
    14  agreed to delay the adoption and must include at least a brief  explana-
    15  tion of the commission's one or more questions or concerns regarding the
    16  proposed  rule.    The commission must also file a certified copy of the
    17  letter to delay adoption of a rule with the department of  state,  divi-
    18  sion of administrative rules.
    19    §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
    20  section 202 of the state administrative procedure act, subparagraph (iv)
    21  as amended and subparagraph (v) as added by chapter 490 of the  laws  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11631-01-7
        S. 6095                             2
     1  2016, are amended and three new subparagraphs (vi), (vii) and (viii) are
     2  added to read as follows:
     3    (iv)  publish all notices and statements, required by this section and
     4  section two hundred one-a of this chapter, in the state register as soon
     5  as practicable; [and]
     6    (v) prescribed guidance, developed in consultation with the office  of
     7  information technology services, for online posting of text and informa-
     8  tion pursuant to this section[.];
     9    (vi)  following  the  receipt of a certified copy of a valid letter to
    10  delay adoption of a rule, publish such a letter in the next issue of the
    11  state register;
    12    (vii) publish a clear and conspicuous notice  of  delay,  which  shall
    13  state that the rule making process for the proposed rule will be delayed
    14  ninety  days;  such  notices  shall  be  published  to accompany related
    15  letters to delay the adoption of a rule in the state register; and
    16    (viii) reject any letter to delay adoption of a rule that is deficient
    17  for lacking at least a minimal explanation of the questions or  concerns
    18  pertaining  to  the  proposed rule, or the requisite signatures and give
    19  prompt notice of the deficiency to the administrative regulations review
    20  commission.
    21    § 3. Section 202 of the state administrative procedure act is  amended
    22  by adding a new subdivision 10 to read as follows:
    23    10.  Delay  adoption  of a proposed rule. (a) If in the performance of
    24  their duties, as specified in subdivision one of section eighty-seven of
    25  the legislative law, a majority of the  members  of  the  administrative
    26  regulations  review commission agree that a proposed administrative rule
    27  raises one or more questions or concerns in relation to any of the  four
    28  issues  for  consideration  that  are  specified  in  subdivision one of
    29  section eighty-seven of the legislative law, the commission  may,  delay
    30  the adoption of such a rule by ninety days, pursuant to the requirements
    31  of subdivision four of section eighty-seven of the legislative law.
    32    (b) The ninety day period to delay rule making shall begin on the date
    33  that  the  notice  of delay is published in the state register and shall
    34  end ninety days following the publication of the notice of delay.
    35    (c) If a ninety day period of delay begins during the  public  comment
    36  period for a proposed rule, the agency responsible for the proposed rule
    37  will  be  required  to consider all public comments received during that
    38  period of delay.
    39    (d) Any agency that receives a letter to  delay  adoption  of  a  rule
    40  shall  consider  every  question or concern raised by the administrative
    41  regulations review commission within that letter.   Agencies  must  also
    42  consider proposing alternative means in order to address the one or more
    43  questions  or concerns that is stated in the letter to delay adoption of
    44  a rule.
    45    (e) Following consideration of all questions or concerns, as  well  as
    46  alternatives, agencies shall be allowed to withdraw or revise a proposed
    47  rule  during or after the ninety day period of delay has ended, pursuant
    48  to the rule making requirements of this section.
    49    (f) No agency shall be compelled to change a proposed rule in response
    50  to a letter to delay adoption  of  a  rule.  However,  any  agency  that
    51  receives  a  letter to delay adoption of a rule must at least respond to
    52  each specific question or concern raised  in  that  letter,  within  the
    53  assessment  of  public  comment  made pursuant to the notice of adoption
    54  requirements of paragraph (b) of subdivision five of this section.
        S. 6095                             3
     1    (g) The administrative regulations  review  commission  will  have  no
     2  ability  to  delay a rule that is adopted on an emergency basis pursuant
     3  to subdivision six of this section.
     4    § 4. This act shall take effect immediately.