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A05342 Summary:

BILL NOA05342
 
SAME ASSAME AS S02133
 
SPONSORDiPietro
 
COSPNSR
 
MLTSPNSR
 
Add Art 6 601 & 602, St Ad Proc Act
 
Establishes a task force for the review of the state administrative procedure act.
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A05342 Actions:

BILL NOA05342
 
02/08/2017referred to governmental operations
01/03/2018referred to governmental operations
03/06/2018held for consideration in governmental operations
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A05342 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5342
 
SPONSOR: DiPietro
  TITLE OF BILL: An act to amend the state administrative procedure act, in relation to establishing a task force for the review of the state administrative procedure act   PURPOSE OR GENERAL IDEA OF BILL: Amends the state administrative procedure act, in relation to establish- ing a task force for the review of the state administrative procedure act to examine, evaluate, and make recommendations concerning the effi- ciency of the rulemaking process, whether this act ensures the estab- lishment of consistent, uniform rules, and whether the statutory process results in rules, regulations, and licenses that are overly burdensome on regulated entities.   SUMMARY OF SPECIFIC PROVISIONS: This bill would establish the Task Force for Review of the State Admin- istrative Procedure Act (SAPA) that would be tasked with conducting a comprehensive review of the efficacy of SAPA. The Task Force would be required to examine, evaluate, and make recommendations concerning the efficiency of the rulemaking process, whether this act ensures the establishment of consistent, uniform rules and whether the statutory process results in rules, regulations, and licenses that are overly burdensome on regulated entities. The Task Force would be comprised of 9 members, three of whom would be appointed by the Governor, two of whom would be appointed by the Temporary President of the Senate, two of whom would be appointed by the Speaker of the Assembly, one of whom would be appointed by the minority leader of the Senate, and one of whom would be appointed by the minority leader of the Assembly. The Task Force would be required to issue a report on or before December 31, 2017   JUSTIFICATION: The State Administrative Procedure Act was first enacted in 1975 to create a uniform, consistent process to administrative rulemaking, adju- dication, and licensing. Since 1975, this act has been amended numerous times but there has never been a comprehensive review of the efficacy of the act in its entirety. It is in the public interest to have such a comprehensive review to ensure that administrative rulemaking, adjudi- cation, and licensing is consistent, uniform, and not unnecessarily burdensome for regulated entities.   LEGISLATIVE HISTORY: 2015-16 A3938 2013-14 A7935-B 2011-12 A.9806   FISCAL IMPLICATIONS: Minimal   EFFECTIVE DATE: This act shall take effect immediately.
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A05342 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5342
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2017
                                       ___________
 
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to amend the state administrative procedure act, in relation to
          establishing a task force for the review of the  state  administrative
          procedure act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The state administrative procedure act is amended by adding
     2  a new article 6 to read as follows:
     3                                  ARTICLE 6
     4       TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT
     5  Section 601. Legislative intent.
     6          602. Task force for  the  review  of  the  state  administrative
     7                 procedure act.
     8    §  601. Legislative intent. The state administrative procedure act was
     9  first enacted in nineteen hundred  seventy-five  to  create  a  uniform,
    10  consistent   process  to  administrative  rulemaking,  adjudication  and
    11  licensing. Since nineteen hundred seventy-five this act has been amended
    12  numerous times but there has never been a comprehensive  review  of  the
    13  efficacy  of  the  act in its entirety. The legislature hereby finds and
    14  declares that it is in the public interest to have such a  comprehensive
    15  review  to  ensure  that  administrative  rulemaking,  adjudication  and
    16  licensing is consistent, uniform, and not unnecessarily  burdensome  for
    17  regulated entities.
    18    § 602. Task force for the review of the state administrative procedure
    19  act.  1.   There shall be established a task force for the review of the
    20  state administrative procedure act ("task force"). Such task force shall
    21  examine, evaluate and make recommendations concerning the efficiency  of
    22  the  rulemaking  process,  whether this act ensures the establishment of
    23  consistent, uniform rules and whether the statutory process  results  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00108-01-7

        A. 5342                             2
 
     1  rules,  regulations and licenses that are overly burdensome on regulated
     2  entities.
     3    2.  The  task  force  shall  be  composed of nine members appointed as
     4  follows:  three members appointed by the governor, at least one of  whom
     5  shall  be  chosen  from among the commissioners of agencies with signif-
     6  icant regulatory oversight; two members appointed by the temporary pres-
     7  ident of the senate, one of whom shall be the senate chairperson of  the
     8  administrative  regulatory  review  commission; two members appointed by
     9  the speaker of the assembly, one of which shall be the  assembly  chair-
    10  person  of  the  administrative regulatory review commission; one member
    11  appointed by the minority leader of the senate; and one member appointed
    12  by the minority leader of the assembly. The governor shall designate the
    13  chair of the task force. All appointed members of the task  force  shall
    14  have  experience in regulatory or administrative law, or experience in a
    15  field regulated by multiple  state  agencies,  or  a  representative  of
    16  organized labor in a regulated field.
    17    3.  The task force shall hold public hearings throughout the state and
    18  shall have the powers of a legislative committee pursuant to the  legis-
    19  lative  law.    The  task  force shall consult with members of the small
    20  business and agricultural communities and regulated entities  and  citi-
    21  zens from every region of the state.
    22    4. On or before December thirty-first, two thousand eighteen, the task
    23  force  shall  provide  a  written  report to the governor, the temporary
    24  president of the senate, the speaker of the assembly, the minority lead-
    25  er of the senate, the minority leader of the assembly,  and  the  chair-
    26  persons  of  the administrative regulatory review commission. The report
    27  shall include, but not  be  limited  to,  recommendations  for  specific
    28  amendments  to  this  act  as well as any additional recommendations the
    29  task force deems relevant. Any  recommendations  shall  incorporate  the
    30  following principles: (a) agencies should conduct risk assessments based
    31  on  the best-available data and science; (b) agencies should ensure that
    32  a full cost benefit analysis is undertaken for  major  regulations;  (c)
    33  the  rulemaking  process must include an objective, transparent peer and
    34  public review; (d) regulations should  be  subject  to  legislative  and
    35  judicial  oversight  and  review;  and  (e)  agencies  should prioritize
    36  compliance over enforcement.
    37    5. The members of the task force shall  receive  no  compensation  for
    38  their services, but shall be allowed their actual and necessary expenses
    39  incurred in the performance of their duties pursuant to this section.
    40    6. To the maximum extent feasible, the task force shall be entitled to
    41  request  and receive and shall utilize and be provided with such facili-
    42  ties, resources and data of  any  court,  department,  division,  board,
    43  bureau,  commission, or agency of the state or any political subdivision
    44  or public authority thereof as it may reasonably request  to  carry  out
    45  properly its powers and duties pursuant to this section.
    46    § 2. This act shall take effect immediately.
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