Requires regulating bodies provide businesses with notice of new rules and regulations within sixty days of such rule or regulation being filed with the secretary of state; provides businesses are given one hundred eighty days to comply with any such rules or regulations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9634
SPONSOR: Molitor TITLE OF BILL:
An act to amend the state administrative procedure act, in relation to
requiring regulating bodies provide certain businesses with notice of
new rules and regulations
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require New York State to notify businesses of new rules
and regulations.
SUMMARY OF PROVISIONS:
Section 1: The bill would amend subdivision 5 of section 202 of the
State Administrative Procedure Act to require state agencies changing a
rule or regulation to properly notice New York state businesses. There
should be minimal cost to state agencies because this bill provides
discretionary notice under the most cost effective means possible. Busi-
nesses registered with the department of state would be constructively
noticed by their registration. All businesses shall receive an automatic
180-day grace period to implement the new rule or regulation. Where a
state agency fails to properly notice the business, the effective date
for such rule or regulation shall not go into effect until notice is
properly provided.
Section 2: This act shall take effect immediately,
JUSTIFICATION:
Under current law, state agencies alter, add, or subtract rules and
regulations so often and without adequate time for proper implementa-
tion. Too often businesses, large and small, have no idea that their
business practices are in violation of some new rule or regulation until
a state enforcement agency appears on site for an inspection or requests
an audit. Then for that unfortunate business, a fine may be imposed or
additional business expenses must be quickly deployed to come into
compliance. This bill would amend that process by providing fair notice
to businesses, ultimately benefiting the consumer, who ultimately bears
the cost of business rule and regulation adjustment.
PRIOR LEGISLATIVE HISTORY:
2026: New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9634
IN ASSEMBLY
January 21, 2026
___________
Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
requiring regulating bodies provide certain businesses with notice of
new rules and regulations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 202 of the state administrative
2 procedure act is amended by adding a new paragraph (d) to read as
3 follows:
4 (d) Within sixty days of an agency filing a rule or regulation with
5 the secretary of state, the agency shall make publicly available the
6 notice of adoption for such rule or regulation to each relevant business
7 effected by such rule or regulation. Notice shall be by the most cost-
8 effective means possible, including, but not limited to, an easily
9 accessible public-facing website, electronic mail, or by letter. Notice
10 can also be provided to a trade association or group for distribution.
11 If a business was registered with the department of state, notice shall
12 be considered constructive notice. Where a business receives proper
13 actual notice or constructive notice, a business shall be granted a
14 one-hundred-eighty-day grace period to implement such new rule or regu-
15 lation. During this grace period, no fines or punishment shall be
16 imposed. Where such proper actual notice was not provided, the rule or
17 regulation shall be unenforceable upon such business until one hundred
18 eighty days after such notice is actually provided.
19 § 2. This act shall take effect immediately and shall apply to any
20 rules or regulations filed with the secretary of state on and after such
21 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13276-03-6
