Bill Text: NY S06095 | 2017-2018 | General Assembly | Introduced
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
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. LBD11631-01-7S. 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.
