S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7935

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2013
                               ___________

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:

  Section 1. The state administrative procedure act is amended by adding
a new article 6 to read as follows:
                                ARTICLE 6
     TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT
SECTION 601. LEGISLATIVE INTENT.
        602. TASK FORCE FOR  THE  REVIEW  OF  THE  STATE  ADMINISTRATIVE
               PROCEDURE ACT.
  S  601. LEGISLATIVE INTENT. THE STATE ADMINISTRATIVE PROCEDURE ACT WAS
FIRST ENACTED IN NINETEEN HUNDRED  SEVENTY-FIVE  TO  CREATE  A  UNIFORM,
CONSISTENT   PROCESS  TO  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION  AND
LICENSING. SINCE NINETEEN HUNDRED SEVENTY-FIVE THIS ACT HAS BEEN AMENDED
NUMEROUS TIMES BUT THERE HAS NEVER BEEN A COMPREHENSIVE  REVIEW  OF  THE
EFFICACY  OF  THE  ACT IN ITS ENTIRETY. THE LEGISLATURE HEREBY FINDS AND
DECLARES THAT IT IS IN THE PUBLIC INTEREST TO HAVE SUCH A  COMPREHENSIVE
REVIEW  TO  ENSURE  THAT  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION  AND
LICENSING IS CONSISTENT, UNIFORM, AND NOT UNNECESSARILY  BURDENSOME  FOR
REGULATED ENTITIES.
  S 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE
ACT.  1.   THERE SHALL BE ESTABLISHED A TASK FORCE FOR THE REVIEW OF THE
STATE ADMINISTRATIVE PROCEDURE ACT ("TASK FORCE"). SUCH TASK FORCE SHALL
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11348-01-3

              

A. 7935                             2

RULES,  REGULATIONS AND LICENSES THAT ARE OVERLY BURDENSOME ON REGULATED
ENTITIES.
  2.  THE  TASK FORCE SHALL BE COMPOSED OF NINETEEN MEMBERS APPOINTED AS
FOLLOWS:  NINE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST TWO  OF  WHOM
SHALL  BE  CHOSEN  FROM AMONG THE COMMISSIONERS OF AGENCIES WITH SIGNIF-
ICANT REGULATORY OVERSIGHT; FOUR  MEMBERS  APPOINTED  BY  THE  TEMPORARY
PRESIDENT  OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF
THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION; FOUR MEMBERS  APPOINTED
BY  THE  SPEAKER  OF  THE  ASSEMBLY,  ONE OF WHICH SHALL BE THE ASSEMBLY
CHAIRPERSON OF THE  ADMINISTRATIVE  REGULATORY  REVIEW  COMMISSION;  ONE
MEMBER  APPOINTED  BY  THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE  ASSEMBLY.  THE  GOVERNOR  SHALL
DESIGNATE THE CHAIR OF THE TASK FORCE. ALL APPOINTED MEMBERS OF THE TASK
FORCE  SHALL  HAVE  EXPERIENCE  IN  REGULATORY OR ADMINISTRATIVE LAW, OR
EXPERIENCE IN A FIELD REGULATED BY MULTIPLE STATE AGENCIES, OR A  REPRE-
SENTATIVE OF ORGANIZED LABOR IN A REGULATED FIELD.
  3.  THE TASK FORCE SHALL HOLD PUBLIC HEARINGS THROUGHOUT THE STATE AND
SHALL HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE  LEGIS-
LATIVE  LAW.    THE  TASK  FORCE SHALL CONSULT WITH MEMBERS OF THE SMALL
BUSINESS AND AGRICULTURAL COMMUNITIES AND REGULATED ENTITIES  AND  CITI-
ZENS FROM EVERY REGION OF THE STATE.
  4. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, THE TASK
FORCE  SHALL  PROVIDE  A  WRITTEN  REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  AND  THE  CHAIR-
PERSONS  OF  THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION. THE REPORT
SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  RECOMMENDATIONS  FOR  SPECIFIC
AMENDMENTS  TO  THIS  ACT  AS WELL AS ANY ADDITIONAL RECOMMENDATIONS THE
TASK FORCE DEEMS RELEVANT. ANY  RECOMMENDATIONS  SHALL  INCORPORATE  THE
FOLLOWING PRINCIPLES: (A) AGENCIES SHOULD CONDUCT RISK ASSESSMENTS BASED
ON  THE BEST-AVAILABLE DATA AND SCIENCE; (B) AGENCIES SHOULD ENSURE THAT
A FULL COST BENEFIT ANALYSIS IS UNDERTAKEN FOR  MAJOR  REGULATIONS;  (C)
THE  RULEMAKING  PROCESS MUST INCLUDE AN OBJECTIVE, TRANSPARENT PEER AND
PUBLIC REVIEW; (D) REGULATIONS SHOULD  BE  SUBJECT  TO  LEGISLATIVE  AND
JUDICIAL  OVERSIGHT  AND  REVIEW;  AND  (E)  AGENCIES  SHOULD PRIORITIZE
COMPLIANCE OVER ENFORCEMENT.
  5. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
REQUEST  AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI-
TIES, RESOURCES AND DATA OF  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
OR PUBLIC AUTHORITY THEREOF AS IT MAY REASONABLY REQUEST  TO  CARRY  OUT
PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION.
  S 2. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7935--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2013
                               ___________

Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
  tee  on  Governmental  Operations  --  recommitted to the Committee on
  Governmental Operations in accordance with Assembly Rule 3, sec. 2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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:

  Section 1. The state administrative procedure act is amended by adding
a new article 6 to read as follows:
                                ARTICLE 6
     TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT
SECTION 601. LEGISLATIVE INTENT.
        602. TASK  FORCE  FOR  THE  REVIEW  OF  THE STATE ADMINISTRATIVE
               PROCEDURE ACT.
  S 601. LEGISLATIVE INTENT. THE STATE ADMINISTRATIVE PROCEDURE ACT  WAS
FIRST  ENACTED  IN  NINETEEN  HUNDRED  SEVENTY-FIVE TO CREATE A UNIFORM,
CONSISTENT  PROCESS  TO  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION   AND
LICENSING. SINCE NINETEEN HUNDRED SEVENTY-FIVE THIS ACT HAS BEEN AMENDED
NUMEROUS  TIMES  BUT  THERE HAS NEVER BEEN A COMPREHENSIVE REVIEW OF THE
EFFICACY OF THE ACT IN ITS ENTIRETY. THE LEGISLATURE  HEREBY  FINDS  AND
DECLARES  THAT IT IS IN THE PUBLIC INTEREST TO HAVE SUCH A COMPREHENSIVE
REVIEW  TO  ENSURE  THAT  ADMINISTRATIVE  RULEMAKING,  ADJUDICATION  AND
LICENSING  IS  CONSISTENT, UNIFORM, AND NOT UNNECESSARILY BURDENSOME FOR
REGULATED ENTITIES.
  S 602. TASK FORCE FOR THE REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE
ACT. 1.  THERE SHALL BE ESTABLISHED A TASK FORCE FOR THE REVIEW  OF  THE
STATE ADMINISTRATIVE PROCEDURE ACT ("TASK FORCE"). SUCH TASK FORCE SHALL
EXAMINE,  EVALUATE AND MAKE RECOMMENDATIONS CONCERNING THE EFFICIENCY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11348-03-4
              

A. 7935--A                          2

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.
  2.  THE  TASK  FORCE  SHALL  BE  COMPOSED OF NINE MEMBERS APPOINTED AS
FOLLOWS:  THREE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST ONE OF  WHOM
SHALL  BE  CHOSEN  FROM AMONG THE COMMISSIONERS OF AGENCIES WITH SIGNIF-
ICANT REGULATORY OVERSIGHT; TWO MEMBERS APPOINTED BY THE TEMPORARY PRES-
IDENT OF THE SENATE, ONE OF WHOM SHALL BE THE SENATE CHAIRPERSON OF  THE
ADMINISTRATIVE  REGULATORY  REVIEW  COMMISSION; TWO MEMBERS APPOINTED BY
THE SPEAKER OF THE ASSEMBLY, ONE OF WHICH SHALL BE THE  ASSEMBLY  CHAIR-
PERSON  OF  THE  ADMINISTRATIVE REGULATORY REVIEW COMMISSION; ONE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY. THE GOVERNOR SHALL DESIGNATE THE
CHAIR OF THE TASK FORCE. ALL APPOINTED MEMBERS OF THE TASK  FORCE  SHALL
HAVE  EXPERIENCE IN REGULATORY OR ADMINISTRATIVE LAW, OR EXPERIENCE IN A
FIELD REGULATED BY MULTIPLE  STATE  AGENCIES,  OR  A  REPRESENTATIVE  OF
ORGANIZED LABOR IN A REGULATED FIELD.
  3.  THE TASK FORCE SHALL HOLD PUBLIC HEARINGS THROUGHOUT THE STATE AND
SHALL HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE  LEGIS-
LATIVE  LAW.    THE  TASK  FORCE SHALL CONSULT WITH MEMBERS OF THE SMALL
BUSINESS AND AGRICULTURAL COMMUNITIES AND REGULATED ENTITIES  AND  CITI-
ZENS FROM EVERY REGION OF THE STATE.
  4. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, THE TASK
FORCE  SHALL  PROVIDE  A  WRITTEN  REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  AND  THE  CHAIR-
PERSONS  OF  THE ADMINISTRATIVE REGULATORY REVIEW COMMISSION. THE REPORT
SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  RECOMMENDATIONS  FOR  SPECIFIC
AMENDMENTS  TO  THIS  ACT  AS WELL AS ANY ADDITIONAL RECOMMENDATIONS THE
TASK FORCE DEEMS RELEVANT. ANY  RECOMMENDATIONS  SHALL  INCORPORATE  THE
FOLLOWING PRINCIPLES: (A) AGENCIES SHOULD CONDUCT RISK ASSESSMENTS BASED
ON  THE BEST-AVAILABLE DATA AND SCIENCE; (B) AGENCIES SHOULD ENSURE THAT
A FULL COST BENEFIT ANALYSIS IS UNDERTAKEN FOR  MAJOR  REGULATIONS;  (C)
THE  RULEMAKING  PROCESS MUST INCLUDE AN OBJECTIVE, TRANSPARENT PEER AND
PUBLIC REVIEW; (D) REGULATIONS SHOULD  BE  SUBJECT  TO  LEGISLATIVE  AND
JUDICIAL  OVERSIGHT  AND  REVIEW;  AND  (E)  AGENCIES  SHOULD PRIORITIZE
COMPLIANCE OVER ENFORCEMENT.
  5. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  6. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
REQUEST  AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI-
TIES, RESOURCES AND DATA OF  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
OR PUBLIC AUTHORITY THEREOF AS IT MAY REASONABLY REQUEST  TO  CARRY  OUT
PROPERLY ITS POWERS AND DUTIES PURSUANT TO THIS SECTION.
  S 2. This act shall take effect immediately.