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

                                  5657

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced  by  Sens.  GALLIVAN,  MARCHIONE,  CARLUCCI -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

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
              

S. 5657                             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
________________________________________________________________________

                                 5657--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced by Sens. GALLIVAN, MARCHIONE, CARLUCCI, BALL, GRISANTI, VALE-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Rules  --  recommitted  to  the  Committee  on
  Commerce,  Economic  Development and Small Business in accordance with
  Senate Rule 6, sec. 8 -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11348-02-4
              

S. 5657--A                          2

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.
  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.