S T A T E O F N E W Y O R K
________________________________________________________________________
6095
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
___________
Introduced by Sen. JACOBS -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the legislative law and the state administrative proce-
dure act, in relation to providing the administrative regulations
review commission with the ability to delay the adoption of proposed
administrative rules
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 87 of the legislative law is amended by adding a
new subdivision 4 to read as follows:
4. THE COMMISSION SHALL HAVE THE POWER TO DELAY THE ADOPTION OF A
PROPOSED ADMINISTRATIVE RULE. SHOULD IN THE PERFORMANCE OF ITS DUTIES, A
MAJORITY OF THE MEMBERS OF THE COMMISSION AGREE THAT A PROPOSED ADMINIS-
TRATIVE RULE RAISES ONE OR MORE QUESTIONS OR CONCERNS IN RELATION TO ANY
OF THE FOUR ISSUES FOR CONSIDERATION THAT ARE SPECIFIED IN SUBDIVISION
ONE OF THIS SECTION, THE COMMISSION MAY, IN WRITING, NOTIFY THE AGENCY
RESPONSIBLE FOR THE PROPOSED RULE THAT THE COMMISSION HAS DECIDED TO
DELAY THE ADOPTION OF THE RULE BY NINETY DAYS. A WRITTEN LETTER TO
DELAY ADOPTION OF A PROPOSED RULE MUST BE MAILED OR DELIVERED TO THE
AGENCY THAT PROPOSED THE RULE AT ISSUE. A VALID LETTER TO DELAY ADOPTION
OF A RULE MUST BE SIGNED BY EACH MEMBER OF THE COMMISSION THAT HAS
AGREED TO DELAY THE ADOPTION AND MUST INCLUDE AT LEAST A BRIEF EXPLANA-
TION OF THE COMMISSION'S ONE OR MORE QUESTIONS OR CONCERNS REGARDING THE
PROPOSED RULE. THE COMMISSION MUST ALSO FILE A CERTIFIED COPY OF THE
LETTER TO DELAY ADOPTION OF A RULE WITH THE DEPARTMENT OF STATE, DIVI-
SION OF ADMINISTRATIVE RULES.
§ 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
section 202 of the state administrative procedure act, subparagraph (iv)
as amended and subparagraph (v) as added by chapter 490 of the laws of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11631-01-7
S. 6095 2
2016, are amended and three new subparagraphs (vi), (vii) and (viii) are
added to read as follows:
(iv) publish all notices and statements, required by this section and
section two hundred one-a of this chapter, in the state register as soon
as practicable; [and]
(v) prescribed guidance, developed in consultation with the office of
information technology services, for online posting of text and informa-
tion pursuant to this section[.];
(VI) FOLLOWING THE RECEIPT OF A CERTIFIED COPY OF A VALID LETTER TO
DELAY ADOPTION OF A RULE, PUBLISH SUCH A LETTER IN THE NEXT ISSUE OF THE
STATE REGISTER;
(VII) PUBLISH A CLEAR AND CONSPICUOUS NOTICE OF DELAY, WHICH SHALL
STATE THAT THE RULE MAKING PROCESS FOR THE PROPOSED RULE WILL BE DELAYED
NINETY DAYS; SUCH NOTICES SHALL BE PUBLISHED TO ACCOMPANY RELATED
LETTERS TO DELAY THE ADOPTION OF A RULE IN THE STATE REGISTER; AND
(VIII) REJECT ANY LETTER TO DELAY ADOPTION OF A RULE THAT IS DEFICIENT
FOR LACKING AT LEAST A MINIMAL EXPLANATION OF THE QUESTIONS OR CONCERNS
PERTAINING TO THE PROPOSED RULE, OR THE REQUISITE SIGNATURES AND GIVE
PROMPT NOTICE OF THE DEFICIENCY TO THE ADMINISTRATIVE REGULATIONS REVIEW
COMMISSION.
§ 3. Section 202 of the state administrative procedure act is amended
by adding a new subdivision 10 to read as follows:
10. DELAY ADOPTION OF A PROPOSED RULE. (A) IF IN THE PERFORMANCE OF
THEIR DUTIES, AS SPECIFIED IN SUBDIVISION ONE OF SECTION EIGHTY-SEVEN OF
THE LEGISLATIVE LAW, A MAJORITY OF THE MEMBERS OF THE ADMINISTRATIVE
REGULATIONS REVIEW COMMISSION AGREE THAT A PROPOSED ADMINISTRATIVE RULE
RAISES ONE OR MORE QUESTIONS OR CONCERNS IN RELATION TO ANY OF THE FOUR
ISSUES FOR CONSIDERATION THAT ARE SPECIFIED IN SUBDIVISION ONE OF
SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW, THE COMMISSION MAY, DELAY
THE ADOPTION OF SUCH A RULE BY NINETY DAYS, PURSUANT TO THE REQUIREMENTS
OF SUBDIVISION FOUR OF SECTION EIGHTY-SEVEN OF THE LEGISLATIVE LAW.
(B) THE NINETY DAY PERIOD TO DELAY RULE MAKING SHALL BEGIN ON THE DATE
THAT THE NOTICE OF DELAY IS PUBLISHED IN THE STATE REGISTER AND SHALL
END NINETY DAYS FOLLOWING THE PUBLICATION OF THE NOTICE OF DELAY.
(C) IF A NINETY DAY PERIOD OF DELAY BEGINS DURING THE PUBLIC COMMENT
PERIOD FOR A PROPOSED RULE, THE AGENCY RESPONSIBLE FOR THE PROPOSED RULE
WILL BE REQUIRED TO CONSIDER ALL PUBLIC COMMENTS RECEIVED DURING THAT
PERIOD OF DELAY.
(D) ANY AGENCY THAT RECEIVES A LETTER TO DELAY ADOPTION OF A RULE
SHALL CONSIDER EVERY QUESTION OR CONCERN RAISED BY THE ADMINISTRATIVE
REGULATIONS REVIEW COMMISSION WITHIN THAT LETTER. AGENCIES MUST ALSO
CONSIDER PROPOSING ALTERNATIVE MEANS IN ORDER TO ADDRESS THE ONE OR MORE
QUESTIONS OR CONCERNS THAT IS STATED IN THE LETTER TO DELAY ADOPTION OF
A RULE.
(E) FOLLOWING CONSIDERATION OF ALL QUESTIONS OR CONCERNS, AS WELL AS
ALTERNATIVES, AGENCIES SHALL BE ALLOWED TO WITHDRAW OR REVISE A PROPOSED
RULE DURING OR AFTER THE NINETY DAY PERIOD OF DELAY HAS ENDED, PURSUANT
TO THE RULE MAKING REQUIREMENTS OF THIS SECTION.
(F) NO AGENCY SHALL BE COMPELLED TO CHANGE A PROPOSED RULE IN RESPONSE
TO A LETTER TO DELAY ADOPTION OF A RULE. HOWEVER, ANY AGENCY THAT
RECEIVES A LETTER TO DELAY ADOPTION OF A RULE MUST AT LEAST RESPOND TO
EACH SPECIFIC QUESTION OR CONCERN RAISED IN THAT LETTER, WITHIN THE
ASSESSMENT OF PUBLIC COMMENT MADE PURSUANT TO THE NOTICE OF ADOPTION
REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION.
S. 6095 3
(G) THE ADMINISTRATIVE REGULATIONS REVIEW COMMISSION WILL HAVE NO
ABILITY TO DELAY A RULE THAT IS ADOPTED ON AN EMERGENCY BASIS PURSUANT
TO SUBDIVISION SIX OF THIS SECTION.
§ 4. This act shall take effect immediately.
