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

                                 401--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  GALLIVAN, CARLUCCI, FELDER, MARCHIONE, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee on Commerce, Economic Development and Small Business --
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01049-02-6
              

S. 401--A                           2

  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
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  SEVENTEEN,  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.