S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    717
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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
   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.
   §  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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02722-01-9

 S. 717                              2
 
 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 TWENTY, 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.
   § 2. This act shall take effect immediately.