S06448 Summary:

BILL NOS06448
 
SAME ASNo same as
 
SPONSORCARLUCCI
 
COSPNSRKLEIN, SAVINO, VALESKY
 
MLTSPNSR
 
Add S51-a, amd S87, Leg L
 
Requires legislation which adversely affects businesses or local governments to be accompanied by a legislative regulatory impact statement.
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S06448 Actions:

BILL NOS06448
 
02/09/2012REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S06448 Floor Votes:

There are no votes for this bill in this legislative session.
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S06448 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6448
 
                    IN SENATE
 
                                    February 9, 2012
                                       ___________
 
        Introduced  by  Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Investigations and Government Operations
 
        AN  ACT  to  amend  the  legislative law, in relation to requiring bills
          which enact or amend any provision of law which affects businesses  or
          local  governments  in  this  state to be accompanied by a legislative

          regulatory impact statement
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    The  legislative law is amended by adding a new section
     2  51-a to read as follows:
     3    § 51-a. Legislative regulatory impact statements. 1.  Definitions.  As
     4  used in this section:
     5    a.  "Commission"  shall  mean  the  administrative  regulations review
     6  commission established pursuant to article five-B of this chapter.
     7    b. "Impact statement"  shall  mean  a  legislative  regulatory  impact
     8  statement required pursuant to this section.
     9    c.  "Rule"  shall mean a rule as defined in subdivision two of section
    10  one hundred two of the state administrative procedure act.

    11    d. "State agency" shall mean an agency as defined in  subdivision  one
    12  of section one hundred two of the state administrative procedure act.
    13    2.  a.  Every bill and amendment thereof introduced in the legislature
    14  which, if enacted into law, may impose or result in  (i)  a  significant
    15  adverse  economic impact on business firms, regardless of their size, in
    16  this state or upon local governments;  or  (ii)  significant  additional
    17  reporting, recordkeeping or other compliance requirement upon businesses
    18  in  this  state  or upon local governments; or (iii) other mandates that
    19  could increase the cost of conducting business in this  state;  or  (iv)
    20  the direct loss of employment in this state or the suppressing of future

    21  prospects  of  increased  job  growth  in  this state; or (v) an adverse
    22  impact on the economy of this state; or (vi) the establishment of new or
    23  additional permit, license, approval, registration or  charter  require-
    24  ments  for  the conducting of any business activity in this state; shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14061-01-2

        S. 6448                             2
 
     1  be accompanied, on a separate form, by a legislative  regulatory  impact
     2  statement prior to its passage by the legislature.
     3    b.  Every  bill  and  amendment  thereof introduced in the legislature

     4  shall, immediately upon its printing, be delivered to the commission for
     5  a determination by such commission of whether the bill or  amendment  is
     6  required  to be accompanied by an impact statement pursuant to paragraph
     7  a of this subdivision.  In the event the commission receives  an  amend-
     8  ment  of a bill for which an impact statement exists and has been filed,
     9  the commission may determine that the existing  impact  statement  or  a
    10  revised version thereof shall suffice for purposes of this section.
    11    c.    For  every  bill  and amendment thereof which requires an impact
    12  statement, the commission shall, within thirty days of the receipt ther-
    13  eof, notify the sponsor of the bill or amendment whether it requires  an

    14  impact  statement pursuant to paragraph a of this subdivision; provided,
    15  however, that for bills and amendments received on or after  May  first,
    16  such  notification  shall  be  provided  within  ten days, and for those
    17  received on or after June fifteenth, such notification shall occur with-
    18  in twenty-four hours.  In any instance in which the commission fails  to
    19  comply with the requirements of this paragraph, the requirements of this
    20  section  shall be deemed to have been waived with regard to such bill or
    21  amendment.
    22    3. a. Upon receipt of notification from the commission that a bill  or
    23  amendment  requires an impact statement, the sponsor thereof shall cause
    24  such an impact statement to be prepared. Upon completion of  the  impact

    25  statement,  the  sponsor shall file the impact statement with the tempo-
    26  rary president of the senate, the speaker of the assembly,  the  commis-
    27  sion,  the  minority  leader  of  the senate, the minority leader of the
    28  assembly, the senate committee on  commerce,  economic  development  and
    29  small  business,  the  assembly  committee  on economic development, job
    30  creation, commerce and industry, the assembly committee on  small  busi-
    31  ness,  and any other persons or committees as shall be provided pursuant
    32  to the rules of the senate and the rules of the assembly.  The  legisla-
    33  ture  shall by concurrent resolution adopt rules providing for the proc-
    34  ess for the review of impact statements, and of the bills and amendments

    35  to which such statements relate.
    36    b. Each impact statement shall include, but not be limited to:
    37    (i) Needs and benefits. A statement setting forth the purpose,  neces-
    38  sity and benefits to be derived from the proposed legislation;
    39    (ii)  Costs. A statement detailing the estimated or projected costs of
    40  the proposed legislation when enacted into  law.  Such  statement  shall
    41  include: (A) the costs of implementing and the continued compliance with
    42  the  provisions  of  the  proposed legislation to regulated individuals,
    43  businesses, local governments and/or other entities; (B)  the  costs  of
    44  implementing  and  the  continued  compliance with the provisions of the
    45  proposed legislation to agencies and local governments; and (C) informa-

    46  tion on and methodology used to calculate the cost analysis and project-
    47  ed costs, and the source or sources thereof;
    48    (iii) Paperwork or documentation. A statement describing the need  for
    49  and  the extent of any reporting and documentation costs and administra-
    50  tive costs, and the need to prepare reports, forms and  other  paperwork
    51  that will result from implementation of the proposed legislation;
    52    (iv) Alternative approaches. A statement declaring whether any signif-
    53  icant  alternatives  to the regulatory provisions of the proposed legis-
    54  lation were  considered  that,  while  achieving  the  purposes  of  the
    55  proposed  legislation,  would  reduce  or  minimize the adverse economic

    56  impact  thereof,  or  would  minimize  regulatory  or  statutory  costs,

        S. 6448                             3
 
     1  mandates,  or  other economic or administrative burdens imposed upon the
     2  regulated  individuals,  businesses,  local  governments  and/or   other
     3  parties;
     4    (v)  Federal  standards.  A statement identifying whether the proposed
     5  legislation provides for an expansion of the minimum standards  required
     6  by  the  federal government for the same or a similar subject area, and,
     7  if so, a detailed explanation of why it  is  necessary  to  exceed  such
     8  minimum standards; and
     9    (vi)  Job  impact. A statement affirming that the proposed legislation

    10  is drafted in such a manner as to minimize, to the maximum extent  prac-
    11  ticable, any unnecessary or unreasonable adverse impact on existing jobs
    12  and the development of employment opportunities in the future.
    13    4.  Every  bill, which is required to have an impact statement and has
    14  passed both houses of the legislature, shall, upon  being  sent  to  the
    15  governor  for  his or her approval or veto, include a copy of the impact
    16  statement for such bill.
    17    § 2. Subdivision 1 of section 87 of the legislative law, as  added  by
    18  chapter  689  of the laws of 1978, is amended and a new subdivision 4 is
    19  added to read as follows:
    20    1. The commission shall exercise continuous oversight of  the  process
    21  of  rule  making  and  examine  rules,  as defined in subdivision two of

    22  section one hundred two  of  the  state  administrative  procedure  act,
    23  adopted or proposed by each agency with respect to (i) statutory author-
    24  ity, (ii) compliance with legislative intent, (iii) impact on the econo-
    25  my  and  on the government operations of the state and its local govern-
    26  ments, [and] (iv)  minimizing  the  imposition  of  any  unnecessary  or
    27  over-burdensome rules which adversely impact existing jobs in the state,
    28  or which detriment the state's business climate, or diminish the ability
    29  to  develop  new employment opportunities or economic expansion, and (v)
    30  impact on affected parties; and, in  furtherance  of  such  duties,  may
    31  examine  other issues it deems appropriate. For purpose of this article,
    32  the term agency shall mean any department,  board,  bureau,  commission,

    33  division, office, council, committee or officer of the state or a public
    34  benefit corporation or public authority at least one of whose members is
    35  appointed by the governor.
    36    4.    The  commission  shall  comply  with and fulfill its obligations
    37  pursuant to  section  fifty-one-a  of  this  chapter.  Furthermore,  the
    38  commission   shall  review  proposed  legislation  to  ensure  that  any
    39  provision for rulemaking therein is drafted in a manner so as  to  mini-
    40  mize the grant of additional regulatory power to state agencies which is
    41  limited  to  those necessary for the implementation of the provisions of
    42  the proposed legislation.
    43    § 3. This act shall take effect on the first of January next  succeed-
    44  ing the date on which it shall have become a law.
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