NY State Senate Bill 2015-S7097

Archive: Last Bill Status Via A9612 - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 09, 2016	signed chap.304
Aug 30, 2016	delivered to governor
Jun 01, 2016	returned to assembly passed senate 3rd reading cal.889 substituted for s7097
Jun 01, 2016	substituted by a9612
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.889
Mar 24, 2016	referred to commerce, economic development and small business

Votes

- Jun 1, 2016 - Floor Vote
  A9612
  
  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
  May 17, 2016 - Commerce, Economic Development And Small Business Committee Vote
  S7097
  
  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

co-Sponsors

2015-S7097 (ACTIVE) - Details

See Assembly Version of this Bill:: A9612
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §§201-a, 202, 202-a, 202-b & 202-bb, St Ad Proc Act

2015-S7097 (ACTIVE) - Summary

Relates to online posting of full text of rules, statements and analyses.

2015-S7097 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7097

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to online posting of full text of rules, statements
and analyses

 PURPOSE :

This bill amends the State Administrative Procedure Act (SAPA) to
require that when only a summary of the text of a proposed or revised
rule or another regulatory document published in the State Register,
the full text must be made available to the public by posting on a
state agency website.

 SUMMARY OF PROVISIONS :

Bill § -1 amends SAPA § 201-a to require that when a job impact
statement is summarized for publication in the State Register because
it exceeds 2000 words, the full text shall be posted on the website of
the agency (or of another state entity).

Bill § § 2 and 3 amend SAPA § 202(1) to establish similar requirements
for online posting of the full text of a proposed rule over 2000 words
for which only a summary is published in the State Register.  The full
text shall remain posted until the proposed rule is adopted, revised,
withdrawn or expires pursuant to SAPA Article 2. Such web posting is

not required for the full text of a "rate-type" rule as defined in
SAPA § io2(2)(a)(ii). Similar requirements are added requiring web
posting of summarized regulatory impact statements and flexibility
analyses. Finally, current language requiring extension of the comment
period when the full text of a summarized rule is not posted is
deleted since it would no longer be applicable.

Bill § 4 amends SAPA § 202(4-a) to establish requirements similar to
those prescribed for proposed rules for online posting of the full
text of a revised rule over 2000 words.

 JUSTIFICATION :

When the text of a proposed rule or other rulemaking document exceeds
2000 words, only a summary is published in the State Register. In
order to review the actual text, a member of the public must contact
the agency and ask that they send the full text. This shortens the
time available for the public to review and comment on a lengthy
proposal. As a result, SAPA requires that if a proposed rule is
summarized in the State Register and the full text is not posted on a
state website, the comment period is expended from 45 days to 60 days.

This requirement, however, only applies to the original proposal. No
web posting is currently required for a revised rule - even if the
text has been extensively revised - or for regulatory impact
statements, job impact statements or flexibility analyses for small
businesses, local governments or rural areas. Given the growing
importance of electronic media, there is no reason that rulemaking
information should not be readily available online. Since the State
Register is already available online, requiring relevant documents
that are only summarized in that publication to also be posted online
will make the regulatory process in New York more transparent,
effective and timely.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The first day of January after having become a law, and applicable to
any notice of proposed or revised rule making (including rule text and
other regulatory documents) published on or after such date.

2015-S7097 (ACTIVE) - Bill Text download pdf

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

                                  7097

                            I N  S E N A T E

                             March 24, 2016
                               ___________

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
  online posting of full text of rules, statements and analyses

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

  Section  1.  Paragraph  (g)  of  subdivision 2 of section 201-a of the
state administrative procedure act, as added by chapter 189 of the  laws
of 1996, is amended to read as follows:
  (g)  When  any  statement  issued pursuant to this section exceeds two
thousand words, the agency shall prepare a summary of such statement  in
less  than  two  thousand words FOR PUBLICATION IN THE STATE REGISTER IN
WHICH IT SHALL IDENTIFY THE WEBSITE OF THE AGENCY, OR OF  ANOTHER  STATE
ENTITY, ON WHICH THE FULL TEXT OF THE STATEMENT HAS BEEN POSTED.
  S 2. Paragraph (a) of subdivision 1 of section 202 of the state admin-
istrative  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 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 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  scheduled

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

                                                           LBD14398-02-6

S. 7097                             2

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 subdivision, [and]
the  full  text of the proposed rule [has not been] SHALL BE 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] AND SHALL REMAIN POSTED  UNTIL  SUCH  PROPOSED  RULE  IS  ADOPTED,
REVISED, WITHDRAWN OR EXPIRES PURSUANT TO THIS ARTICLE, EXCEPT THAT SUCH
WEB  POSTING  SHALL NOT BE REQUIRED FOR ANY rule defined in subparagraph
(ii) of paragraph (a) of subdivision two of section one hundred  two  of
this chapter.
  S 3. Subparagraphs (v), (vi) and (vii) of paragraph (f) of subdivision
1 of section 202 of the state administrative procedure act, subparagraph
(v)  as amended by chapter 429 of the laws of 2003, subparagraph (vi) as
amended by chapter 610 of the laws of 1987  and  subparagraph  (vii)  as
amended  by  chapter  171  of  the  laws of 1994, are amended to read as
follows:
  (v) contain the complete text of the proposed rule, provided, however,
if such text exceeds two thousand words, the notice shall contain only a
description of the subject, purpose and substance of such rule  in  less
than  two thousand words and shall identify the address of the website[,
if any,] on which the full text has been posted;
  (vi) include  a  regulatory  impact  statement  prepared  pursuant  to
section  two hundred two-a of this [chapter] ARTICLE, provided, however,
if such statement exceeds two thousand words, the notice  shall  include
only  a  summary  of such statement in less than two thousand words  AND
THE FULL TEXT OF SUCH STATEMENT SHALL BE POSTED ON A WEBSITE  MAINTAINED
BY THE AGENCY OR ANOTHER STATE ENTITY UNTIL SUCH STATEMENT IS REVISED OR
THE  PROPOSED  RULE  IS ADOPTED OR WITHDRAWN OR EXPIRES PURSUANT TO THIS
ARTICLE;
  (vii) include a regulatory flexibility analysis and a rural area flex-
ibility analysis prepared pursuant to sections two hundred two-b and two
hundred two-bb of this [chapter] ARTICLE, provided, however, if an anal-
ysis exceeds two thousand words, the notice shall include only a summary
of such analysis in less than two thousand words AND THE  FULL  TEXT  OF
SUCH  ANALYSIS  SHALL BE POSTED ON A WEBSITE MAINTAINED BY THE AGENCY OR
ANOTHER STATE ENTITY UNTIL SUCH ANALYSIS IS REVISED OR THE PROPOSED RULE
IS ADOPTED OR WITHDRAWN OR EXPIRES PURSUANT TO THIS ARTICLE;
  S 4. Subparagraphs (ii), (v) and (vi) of paragraph (c) of  subdivision
4-a  of  section 202 of the state administrative procedure act, subpara-
graphs (ii) and (v) as added by chapter 336 of the laws of 1989, subpar-
agraph (vi) as amended by chapter 171 of the laws of 1994 and such para-
graph as relettered by chapter 335 of the laws of 1992, are  amended  to
read as follows:
  (ii) contain the complete revised text of the proposed rule, provided,
however, if such text exceeds two thousand words, the notice may contain
only a description of the subject, purpose and substance of such rule in
less than two thousand words AND SHALL IDENTIFY THE WEBSITE OF THE AGEN-
CY,  OR  OF ANOTHER STATE ENTITY, ON WHICH THE COMPLETE REVISED TEXT HAS
BEEN POSTED;
  (v) include a revised regulatory impact statement,  when  required  by
the provisions of [subparagraph (ii) of] paragraph [(a)] (B) of subdivi-
sion  six  of  section  two  hundred  two-a  of  this [chapter] ARTICLE,
provided, however, if such statement exceeds  two  thousand  words,  the

S. 7097                             3

notice  shall  include only a summary of such statement in less than two
thousand words AND SHALL IDENTIFY THE  WEBSITE  OF  THE  AGENCY,  OR  OF
ANOTHER  STATE  ENTITY,  ON  WHICH  THE  COMPLETE  REVISED TEXT HAS BEEN
POSTED;
  (vi)  include  a  revised  regulatory flexibility analysis and a rural
area flexibility analysis, when required by the provisions [of  subpara-
graph  (ii)]  of paragraph [(a)] (B) of subdivision seven of section two
hundred two-b and paragraph (b) of  subdivision  eight  of  section  two
hundred  two-bb  of  this  [chapter] ARTICLE, provided, however, if such
[statement] ANALYSIS  exceeds  two  thousand  words,  the  notice  shall
include  only  a  summary  of such [statement] ANALYSIS in less than two
thousand words AND SHALL IDENTIFY THE  WEBSITE  OF  THE  AGENCY,  OR  OF
ANOTHER STATE ENTITY, ON WHICH THE FULL TEXT OF THE REVISED ANALYSIS HAS
BEEN POSTED;
  S  5.  Paragraph  (c)  of  subdivision 4-a of section 202 of the state
administrative procedure act, as amended by chapter 210 of the  laws  of
1998 is relettered paragraph (d).
  S  6.  Subparagraphs (v) and (vi) of paragraph (c) of subdivision 5 of
section 202 of the state administrative procedure act, subparagraph  (v)
as  amended  by chapter 610 of the laws of 1987 and subparagraph (vi) as
amended by chapter 171 of the laws of  1994,  are  amended  to  read  as
follows:
  (v)  include  a  revised regulatory impact statement, when required by
the provisions of [subparagraph (ii) of] paragraph [(a)] (B) of subdivi-
sion six of  section  two  hundred  two-a  of  this  [chapter]  ARTICLE,
provided,  however,  if  such  statement exceeds two thousand words, the
notice shall include only a summary of such statement in less  than  two
thousand words;
  (vi)  include  a  revised  regulatory flexibility analysis and a rural
area flexibility analysis, when required by the provisions of  [subpara-
graph  (ii)  of] paragraph [(a)] (B) of subdivision seven of section two
hundred two-b and paragraph (b) of  subdivision  eight  of  section  two
hundred  two-bb  of  this  [chapter] ARTICLE, provided, however, if such
statement exceeds two thousand words, the notice shall  include  only  a
summary of such statement in less than two thousand words;
  S 7. Subdivision 6 of section 202-a of the state administrative proce-
dure  act,  as amended by chapter 850 of the laws of 1990, is amended to
read as follows:
  6. Each agency shall issue a revised regulatory impact statement when:
  [(i)] (A) the information presented in the statement is inadequate  or
incomplete, provided, however, such revised statement shall be submitted
as  soon as practicable to the secretary of state for publication in the
state register, provided, further, if such statement exceeds  two  thou-
sand words, the notice shall include only a summary of such statement in
less than two thousand words;
  [(ii)] (B) a proposed rule contains any substantial revisions and such
revisions  necessitate that such statement be modified. A revised state-
ment shall describe the reasons for such changes and shall  include  any
modifications in the regulatory impact statement that are necessary as a
result of such changes; or
  [(iii)]  (C)  there  are no substantial revisions in the proposed rule
but there are changes in the text of the rule as adopted  when  compared
with  the  text of the latest published version of the proposed rule and
such changes would  necessitate  that  such  statement  be  modified.  A
revised  statement shall describe the reasons for such changes and shall

S. 7097                             4

include any modifications in the regulatory impact  statement  that  are
necessary as a result of such changes.
  S 8. Subdivision 7 of section 202-b of the state administrative proce-
dure  act,  as amended by chapter 850 of the laws of 1990, is amended to
read as follows:
  7. Each agency shall issue a revised regulatory  flexibility  analysis
when:
  [(i)] (A) the information presented in the analysis submitted pursuant
to  this  section  is  inadequate or incomplete, provided, however, such
revised analysis shall be submitted as soon as practicable to the secre-
tary of state for publication in the state register, provided,  further,
if  such  statement exceeds two thousand words, the notice shall include
only a summary of such statement in less than two thousand words;
  [(ii)] (B) a proposed rule contains any substantial revisions and such
revisions necessitate that such analysis be modified; or
  [(iii)] (C) there are no substantial revisions in  the  proposed  rule
but  there  are changes in the text of the rule as adopted when compared
with the text of the latest published version of the proposed  rule  and
such changes would necessitate that such analysis be modified.
  S  9.  Subdivision  7  of  section  202-bb of the state administrative
procedure act, as added by chapter 171 of the laws of 1994,  is  amended
to read as follows:
  7. When any rule is proposed for which a rural area flexibility analy-
sis  is required, the agency shall assure that public and private inter-
ests in rural areas have been given an opportunity to participate in the
rule making through such activities as:
  [(i)] (A) the publication of a general notice  of  the  proposed  rule
making;
  [(ii)] (B) notification of public and private interests in rural areas
directly affected by the proposed rule;
  [(iii)]  (C)  the  conduct  of  special  public  hearings  or meetings
concerning the proposed rule for  those  public  and  private  interests
affected by the rule; and
  [(iv)]  (D)  the  adoption  or modification of agency procedural rules
that will minimize the cost or complexity of participation in  the  rule
making.
  S 10. This act shall take effect on the first of January next succeed-
ing  the  date upon which it shall have become a law, and shall apply to
any notice of proposed rule making or  notice  of  revised  rule  making
published on or after such date.

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Senate Bill S7097

Sponsored By

Archive: Last Bill Status Via A9612 - Signed by Governor

Jun 1, 2016 - Floor Vote

Floor Vote: Jun 1, 2016

May 17, 2016 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: May 17, 2016

co-Sponsors

2015-S7097 (ACTIVE) - Details

2015-S7097 (ACTIVE) - Summary

2015-S7097 (ACTIVE) - Sponsor Memo

2015-S7097 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7097

Share this bill

Sponsored By

Terrence Murphy

Archive: Last Bill Status Via A9612 - Signed by Governor

co-Sponsors

Brad Hoylman-Sigal

George Latimer

2015-S7097 (ACTIVE) - Details

2015-S7097 (ACTIVE) - Summary

2015-S7097 (ACTIVE) - Sponsor Memo

2015-S7097 (ACTIVE) - Bill Text download pdf

Comments