NY State Senate Bill 2015-S5418A

Senate Bill S5418A

2015-2016 Legislative Session

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days

download bill text pdf

Archive: Last Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2016	referred to governmental operations delivered to assembly passed senate
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.885
Jan 14, 2016	print number 5418a
Jan 14, 2016	amend and recommit to commerce, economic development and small business
Jan 06, 2016	referred to commerce, economic development and small business returned to senate died in assembly
Jun 15, 2015	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1562 committee discharged and committed to rules
May 14, 2015	referred to commerce, economic development and small business

Votes

- Jun 1, 2016 - Floor Vote
  S5418A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Croci
      
      Diaz
      
      Panepinto
  Jun 15, 2015 - Floor Vote
  S5418A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Jun 15, 2015 - Rules Committee Vote
  S5418A
  
  21
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2015
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (4)
      
      Gianaris
      
      Krueger
      
      Montgomery
      
      Perkins
  May 17, 2016 - Commerce, Economic Development And Small Business Committee Vote
  S5418A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 17, 2016
      
      aye (11)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hassell-Thompson
      
      Kennedy
      
      Persaud
      
      Robach
      
      Sanders Jr.
      
      Valesky

Bill Amendments

Original

A (Active)

2015-S5418 - Details

Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act; amd §101-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S5795

2015-S5418 - Summary

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days.

2015-S5418 - Sponsor Memo

                                BILL NUMBER:S5418

TITLE OF BILL:

An act to amend the state administrative procedure act and the
executive law, in relation to the comment period for proposed rules

PURPOSE:

This bill would extend the period of time for which notice of proposed
rulemaking must appear in the state register from forty-five to sixty
days.

SUMMARY OF PROVISIONS:

Section one amends paragraph (a) of subdivision 1 of section 202 of
the State Administrative Procedure Act (SAPA) to require state
agencies to accept public comments on proposed rules for up to sixty
days after publication in the State Register.

Section two amends subdivision 2 of section 101-a of the executive law
to require that the agency proposing the adoption of any rule, or if a
public hearing is required by statute, to provide sixty days notice
rather than forty-five days to the temporary president of the senate
and the speaker of the assembly.

JUSTIFICATION:

Local governments, small businesses and individual citizens must
perform substantive and thorough analyses in order to provide
meaningful public comment within the prescribed forty-five day period.
This task has become increasingly burdensome due to the significant
length and complex nature of the proposed agency rules and
regulations. Federal agencies have repeatedly extended public comment
periods to sixty days in order to allow interested parties the time
necessary to submit detailed responses to proposed rules and
regulations. By extending the public comment period from forty-five
days to sixty days, the regulated community will have an opportunity
to thoroughly address any and all concerns with the proposed
regulation; thereby, allowing agencies to craft the most responsible
and comprehensive rules and regulations for New York State.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately.

2015-S5418 - Bill Text download pdf

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

                                  5418

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 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 and the executive
  law, in relation to the comment period for proposed rules

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 202 of the  state
administrative  procedure  act, as amended by chapter 429 of the laws of
2003, is amended to read as follows:
  (a) Prior to the adoption of a rule, an agency shall submit  a  notice
of proposed rule making to the secretary of state for publication in the
state  register  and  shall  afford  the public an opportunity to submit
comments on the proposed rule. Unless a different time is  specified  by
statute  or  this  paragraph,  the  notice  of proposed rule making must
appear in the state register at least [forty-five] SIXTY days  prior  to
either
  (i) the addition, amendment or repeal of a rule for which statute does
not require that a public hearing be held prior to adoption, or
  (ii)  the first public hearing on a proposed rule for which such hear-
ing is so required.
  The notice of proposed rule making shall indicate the  last  date  for
submission  of  comments on the proposed rule, which, unless a different
time is specified in statute or this paragraph, shall be not  less  than
[forty-five]  SIXTY  days  after the date of publication of such notice,
or, if statute requires that a public hearing be held prior to adoption,
not less than five days after the date of the last public hearing sched-
uled to  be  held  on  the  proposed  rule.  Notwithstanding  any  other
provision  of  this  paragraph,  when the notice of proposed rule making
contains only a description of the subject, purpose and substance of the
rule as provided in subparagraph (v) of paragraph (f) of  this  subdivi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-01-5

S. 5418                             2

sion,  and  the  full text of the proposed rule has not been posted on a
website maintained by the agency or another state entity, the last  date
for  submission  of comments shall be not less than sixty days after the
date  of publication of such notice, unless the rule is a consensus rule
or a rule defined in subparagraph (ii) of paragraph (a)  of  subdivision
two of section one hundred two of this chapter.
  S  2.  Subdivision 2 of section 101-a of the executive law, as amended
by chapter 610 of the laws of 1987, is amended to read as follows:
  2. Except as provided in subdivision three of this section,  at  least
[forty-five] SIXTY days prior to either the adoption of any rule, or, if
a  public  hearing  is  required by statute, at least [forty-five] SIXTY
days prior to the first public hearing on a proposed  rule,  the  agency
proposing to take such action shall send a notification of such proposed
action  to  the temporary president of the senate and the speaker of the
assembly.  This notification shall: (a) refer to the statutory authority
under which the action is proposed, (b) give the time and place  of  any
public  hearing that may be scheduled concerning the proposed action, or
state the manner in which data, views or arguments may be  submitted  to
the  agency  concerning  the  proposed action, (c) contain a copy of the
complete text of the proposed rule, and (d) contain a  fiscal  statement
setting  forth  the  fiscal  consequences  of the proposed action on the
state and its local governments.
  S 3. This act shall take effect October 1, 2015, and  shall  apply  to
all  notices  of proposed rule making published in the state register on
or after such date.

2015-S5418A (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act; amd §101-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S5795

2015-S5418A (ACTIVE) - Summary

Extends the period of time for which a notice of proposed rule making must appear in the state register from 45 days to 60 days.

2015-S5418A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5418A

 TITLE OF BILL :  An act to amend the state administrative procedure
act and the executive law, in relation to the comment period for
proposed rules

 PURPOSE :

This bill would extend the period of time for which notice of proposed
rulemaking must appear in the state register from forty-five to sixty
days.

 SUMMARY OF PROVISIONS :

Section one amends paragraph (a) of subdivision 1 of section 202 of
the State Administrative Procedure Act (SAPA) to require state
agencies to accept public comments on proposed rules for up to sixty
days after publication in the State Register.

Section two amends subdivision 2 of section 101-a of the executive law
to require that the agency proposing the adoption of any rule, or if a
public hearing is required by statute, to provide sixty days notice
rather than forty-five days to the temporary president of the senate
and the speaker of the assembly.

 JUSTIFICATION :

Local governments, small businesses and individual citizens must
perform substantive and thorough analyses in order to provide
meaningful public comment within the prescribed forty-five day period.
This task has become increasingly burdensome due to the significant
length and complex nature of the proposed agency rules and
regulations. Federal agencies have repeatedly extended public comment
periods to sixty days in order to allow interested parties the time
necessary to submit detailed responses to proposed rules and
regulations. By extending the public comment period from forty-five
days to sixty days, the regulated community will have an opportunity
to thoroughly address any and all concerns with the proposed
regulation; thereby, allowing agencies to craft the most responsible
and comprehensive rules and regulations for New York State.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
This act shall take effect October 1, 2016, and shall apply to all
notices of proposed rule making published in the state register on or
after such date.

2015-S5418A (ACTIVE) - Bill Text download pdf

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

                                 5418--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 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 -- 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 and the executive
  law, in relation to the comment period for proposed rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (a) of subdivision 1 of section 202 of the state
administrative procedure act, as amended by chapter 429 of the  laws  of
2003, is amended to read as follows:
  (a)  Prior  to the adoption of a rule, an agency shall submit a notice
of proposed rule making to the secretary of state for publication in the
state register and shall afford the  public  an  opportunity  to  submit
comments  on  the proposed rule. Unless a different time is specified by
statute or this paragraph, the  notice  of  proposed  rule  making  must
appear  in  the state register at least [forty-five] SIXTY days prior to
either
  (i) the addition, amendment or repeal of a rule for which statute does
not require that a public hearing be held prior to adoption, or
  (ii) the first public hearing on a proposed rule for which such  hear-
ing is so required.
  The  notice  of  proposed rule making shall indicate the last date for
submission of comments on the proposed rule, which, unless  a  different
time  is  specified in statute or this paragraph, shall be not less than
[forty-five] SIXTY days after the date of publication  of  such  notice,
or, if statute requires that a public hearing be held prior to adoption,
not less than five days after the date of the last public hearing sched-
uled  to  be  held  on  the  proposed  rule.  Notwithstanding  any other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11002-02-6

S. 5418--A                          2

provision of this paragraph, when the notice  of  proposed  rule  making
contains only a description of the subject, purpose and substance of the
rule  as  provided in subparagraph (v) of paragraph (f) of this subdivi-
sion,  and  the  full text of the proposed rule has not been posted on a
website maintained by the agency or another state entity, the last  date
for  submission  of comments shall be not less than sixty days after the
date of publication of such notice, unless the rule is a consensus  rule
or  a  rule defined in subparagraph (ii) of paragraph (a) of subdivision
two of section one hundred two of this chapter.
  S 2. Subdivision 2 of section 101-a of the executive law,  as  amended
by chapter 610 of the laws of 1987, is amended to read as follows:
  2.  Except  as provided in subdivision three of this section, at least
[forty-five] SIXTY days prior to either the adoption of any rule, or, if
a public hearing is required by statute,  at  least  [forty-five]  SIXTY
days  prior  to  the first public hearing on a proposed rule, the agency
proposing to take such action shall send a notification of such proposed
action to the temporary president of the senate and the speaker  of  the
assembly.  This notification shall: (a) refer to the statutory authority
under  which  the action is proposed, (b) give the time and place of any
public hearing that may be scheduled concerning the proposed action,  or
state  the  manner in which data, views or arguments may be submitted to
the agency concerning the proposed action, (c) contain  a  copy  of  the
complete  text  of the proposed rule, and (d) contain a fiscal statement
setting forth the fiscal consequences of  the  proposed  action  on  the
state and its local governments.
  S  3.  This  act shall take effect October 1, 2016, and shall apply to
all notices of proposed rule making published in the state  register  on
or after such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.