NY State Senate Bill 2015-S4318

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal.
May 04, 2016	1st report cal.661
Jan 06, 2016	referred to commerce, economic development and small business
Jun 25, 2015	committed to rules
Jun 01, 2015	advanced to third reading
May 28, 2015	2nd report cal.
May 27, 2015	1st report cal.920
Mar 13, 2015	referred to commerce, economic development and small business

Votes

- May 4, 2016 - Commerce, Economic Development And Small Business Committee Vote
  S4318
  
  9
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 4, 2016
      
      aye (9)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Kennedy
      
      Persaud
      
      Robach
      
      Valesky
      
      nay (2)
      
      Hassell-Thompson
      
      Sanders Jr.
  May 27, 2015 - Commerce, Economic Development And Small Business Committee Vote
  S4318
  
  9
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 27, 2015
      
      aye (9)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Robach
      
      Valesky
      
      aye wr (1)
      
      Sanders Jr.
      
      excused (1)
      
      Hassell-Thompson

2015-S4318 (ACTIVE) - Details

See Assembly Version of this Bill:: A1586
Current Committee:: Senate Rules
Law Section:: State Administrative Procedure Act
Laws Affected:: Add §208, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9560
2017-2018: S5792, A6459
2019-2020: A3521
2021-2022: A1318
2023-2024: A5615

2015-S4318 (ACTIVE) - Summary

Relates to public petitions for rule making.

2015-S4318 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4318

TITLE OF BILL:  An act to amend the state administrative procedure act,
in relation to public petitions for rule making

PURPOSE: This bill would establish a formal process for the public to
petition state agencies for the adoption, amendment or repeal of rules,
including a required agency response when a petition is signed by 100 or
more New York residents.

SUMMARY OF PROVISIONS:

Section 1 adds a new § 208 to the State Administrative Procedure Act

(SAPA) that sets forth a process for the public to seek adoption, repeal
or other changes in state agency rules.  A petition must meet minimum
requirements, including:

-identifying petitioners by name and address;
-setting forth the text of the rule to be changed or adopted; and
-indicating the authority and justification for the change, including
the public benefit.

An agency shall maintain a publicly available file of petitions it
receives and shall post information on its website on the process for
submitting petitions and comments on the same, the text or summary of

each petition received and any written denials issued on petitions.

No specific action is required on a petition unless it is the subject of
substantial public interest, as indicated by the signatures of 100 or
more New York State residents. Such petitions must either be denied in
writing within 180 days of receipt or a notice of proposed rule making
must be issued within 270 days of such receipt.

JUSTIFICATION:  In America we expect government to be "of the people, by
the people, for the people." For many years the Federal Administrative
Procedure Act has required agencies to accept public petitions for rule
changes. Various forms of this requirement are also found in many state
laws and in the New York City Charter. New Yorkers could also benefit
from a process for requesting changes in the rules of state agencies.

This bill preserves the ability of an agency to ultimately determine
priorities for changes in policy, while including assurances that issues
of significant public interest will be considered on their merits. Any
petition that is signed by 100 or more New York State residents must
either be denied in writing by the agency or a notice of proposed rule-
making must be issued. This will allow the agency to obtain further
public input and a more complete assessment of popular sentiment on the
issue in question.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First day of January after having become a law.

2015-S4318 (ACTIVE) - Bill Text download pdf

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

                                  4318

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 13, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  public petitions for rule making

  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 section 208 to read as follows:
  S 208. PUBLIC PETITIONS FOR RULE MAKING. 1.  ANY PERSON OR PERSONS MAY
PETITION  AN  AGENCY  TO REQUEST THE ADOPTION, AMENDMENT, OR REPEAL OF A
RULE.
  2. A PETITION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
  (A) THE PETITION SHALL INCLUDE THE FULL NAME AND ADDRESS OF EACH PETI-
TIONER AND OF ANY ENTITY OR ORGANIZATION WITH WHICH  THE  PETITIONER  IS
AFFILIATED;  AND  IF  THERE  ARE MULTIPLE PETITIONERS SHALL IDENTIFY THE
PERSON  TO  WHOM  COMMUNICATIONS  CONCERNING  THE  PETITION  SHOULD   BE
DIRECTED;
  (B)  THE  TEXT  OF  ANY PROPOSED CHANGES TO THE CURRENT RULES SHALL BE
SUBMITTED IN A MANNER THAT CLEARLY IDENTIFIES THE WORDS TO BE  ADDED  TO
OR DELETED FROM THE CURRENT RULES OF THE AGENCY;
  (C)  THE  PETITION  SHALL  IDENTIFY  THE  STATUTORY  AUTHORITY FOR THE
PROPOSED RULE;
  (D) THE PETITION SHALL INDICATE THE  JUSTIFICATION  FOR  THE  PROPOSED
RULE, INCLUDING AN IDENTIFICATION OF THE PUBLIC BENEFIT OF THE ADOPTION,
AMENDMENT OR REPEAL;
  (E) ANY PETITION THAT CONCERNS THE RULES OF MORE THAN ONE AGENCY SHALL
BE SUBMITTED TO EACH SUCH AGENCY; AND
  (F)  THE  PETITION SHALL BE LIMITED TO ONE RULE OR A RELATED SERIES OF
RULES AND SHALL NOT CONCERN ANY MATTER WHICH IS THE SUBJECT OF A CURRENT
NOTICE OF PROPOSED RULE MAKING OR NOTICE OF EMERGENCY ADOPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02976-01-5

S. 4318                             2

  3. AN AGENCY SHALL MAINTAIN A PUBLICLY  AVAILABLE  FILE  OF  PETITIONS
SUBMITTED TO IT PURSUANT TO THIS SECTION AND SHALL:
  (A)  POST INFORMATION ON ITS WEBSITE ON HOW PETITIONS MAY BE SUBMITTED
TO THE AGENCY AND HOW THE PUBLIC MAY COMMENT ON SUCH PETITIONS;
  (B) POST A NOTICE WITHIN THIRTY DAYS OF RECEIPT  OF  A  PETITION  THAT
INCLUDES THE FULL TEXT OR A SUMMARY THEREOF; AND
  (C)  SHALL  POST  WITHIN THIRTY DAYS OF ISSUANCE A WRITTEN DENIAL OF A
PETITION.
  4. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  AN
AGENCY  SHALL  NOT BE REQUIRED TO TAKE ANY ACTION IN RESPONSE TO A PETI-
TION, BUT MAY IN ITS DISCRETION PUBLISH A NOTICE OF PROPOSED RULE MAKING
OR A WRITTEN DENIAL OF A PETITION OR MAY SOLICIT ADDITIONAL INFORMATION,
THROUGH THE CONDUCT OF PUBLIC HEARINGS OR OTHERWISE, ON THE MERITS OF  A
PETITION.
  (B)  WITHIN  ONE  HUNDRED EIGHTY DAYS OF RECEIPT OF A PETITION MEETING
THE REQUIREMENTS OF THIS SECTION THAT HAS BEEN SIGNED BY ONE HUNDRED  OR
MORE RESIDENTS OF THE STATE, AN AGENCY SHALL EITHER DENY THE PETITION IN
WRITING,  STATING  ITS REASONS FOR DENIAL, OR ISSUE A NOTICE OF PROPOSED
RULE MAKING IN ACCORDANCE WITH THIS ARTICLE.   SUCH NOTICE  OF  PROPOSED
RULE  MAKING  SHALL  INCLUDE  INFORMATION ON THE INITIATING PETITION AND
SHALL BE SUBMITTED FOR PUBLICATION IN  THE  STATE  REGISTER  WITHIN  TWO
HUNDRED  SEVENTY  DAYS  OF RECEIPT OF SUCH PETITION. THE AGENCY MAY VARY
THE TEXT OF THE PROPOSED RULE FROM THE TEXT SUBMITTED WITH THE PETITION.
  (C) DENIAL OF A PETITION ON THE BASIS THAT IT DOES NOT MEET THE  MINI-
MUM  REQUIREMENTS  OF THIS SECTION DOES NOT PRECLUDE THE SUBMISSION OF A
NEW PETITION ON THE SAME SUBJECT THAT SEEKS TO CORRECT ANY DEFICIENCIES.
  5. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  LIMIT  OR  MODIFY  THE
APPLICABILITY OF ANY OTHER PROVISION OF LAW CONCERNING PETITIONS FOR THE
ADOPTION, MODIFICATION OR REVOCATION OF RULES, INCLUDING BUT NOT LIMITED
TO  SECTION  THIRTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW AND SECTION
SIX HUNDRED SEVENTY-SIX OF THE LABOR LAW.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S4318

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 4, 2016 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: May 4, 2016

May 27, 2015 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: May 27, 2015

2015-S4318 (ACTIVE) - Details

2015-S4318 (ACTIVE) - Summary

2015-S4318 (ACTIVE) - Sponsor Memo

2015-S4318 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4318

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S4318 (ACTIVE) - Details

2015-S4318 (ACTIVE) - Summary

2015-S4318 (ACTIVE) - Sponsor Memo

2015-S4318 (ACTIVE) - Bill Text download pdf

Comments