NY State Senate Bill 2019-S7183

Senate Bill S7183

Signed By Governor

2019-2020 Legislative Session

Relates to the time needed by small business and local governments to comply with new regulations; repealer

download bill text pdf

Archive: Last Bill Status - 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	signed chap.16
Jan 30, 2020	delivered to governor
Jan 28, 2020	returned to senate passed assembly ordered to third reading cal.339 substituted for a8950
Jan 22, 2020	referred to governmental operations delivered to assembly passed senate
Jan 13, 2020	ordered to third reading cal.107
Jan 10, 2020	referred to rules

Votes

- Jan 22, 2020 - Floor Vote
  S7183
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 22, 2020
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Felder
  Jan 13, 2020 - Rules Committee Vote
  S7183
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 13, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

2019-S7183 (ACTIVE) - Details

See Assembly Version of this Bill:: A8950
Law Section:: State Administrative Procedure Act
Laws Affected:: Rpld §202-b sub 2 ¶(e), amd §§207 & 202-b, St Ad Proc Act; amd §3, Chap of 2019 (as proposed in S.5812 & A.842)

2019-S7183 (ACTIVE) - Summary

Relates to the time needed by small businesses and local governments to comply with new regulations.

2019-S7183 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7183

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
the time needed by small businesses and local governments to comply with
new regulations; to amend a chapter of the laws of 2019, amending the
state administrative procedure act relating to the time needed by small
businesses and local governments to comply with new regulations, as
proposed in legislative bills numbers S. 5812 and A. 842, in relation to
the effectiveness thereof; and to repeal certain provisions of the state
administrative procedure act related thereto

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2019,
c.577.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by repealing the require-
ment that agencies include an analysis of the time needed to comply with
new rules that will affect small businesses and local governments.
Instead, agencies will be required to consider the time to comply when
they are developing a new rule. Additionally, when modifying an existing
rule, agencies will include a statement of time to comply, where appro-
priate. Finally, the effective date has been amended.

 
JUSTIFICATION:

This amendment ensures that agencies will take into consideration the
time that small businesses and local governments will need to comply
with rules, right at the start of developing those rules.  Additionally,
if any existing rule is to be modified, agencies will also consider the
time needed to comply as part of those modifications. Finally, the
effective date has been amended to allow agencies the time necessary to
efficiently prepare for these new requirements before the publication of
rules.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 577 of the Laws of 2019.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law and shall apply to all rules for which a notice
of proposed rule making is filed on or after such date.

2019-S7183 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7183
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   the  time  needed  by small businesses and local governments to comply
   with new regulations; to amend a chapter of the laws of 2019, amending
   the state administrative procedure act relating to the time needed  by
   small businesses and local governments to comply with new regulations,
   as  proposed  in  legislative  bills  numbers  S.  5812 and A. 842, in
   relation  to  the  effectiveness  thereof;  and  to   repeal   certain
   provisions of the state administrative procedure act related thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2  of  section  202-b  of  the
 state administrative procedure law, as added by a chapter of the laws of
 2019,  amending  the  state administrative procedure act relating to the
 time needed by small businesses and local governments to comply with new
 regulations, as proposed in legislative bills numbers  S.  5812  and  A.
 842,  is  REPEALED  and paragraphs (f) and (g) are relettered paragraphs
 (e) and (f).
   § 2. Subdivision 3 of section 207 of the state  administrative  proce-
 dure  act,  as  added  by chapter 262 of the laws of 1996, is amended to
 read as follows:
   3. If an agency determines that a rule subject to  the  provisions  of
 this  section  should be modified, it shall publish a notice of proposed
 rule making for such rule, which, in addition to the information  other-
 wise required by this article, shall include a statement setting forth a
 reasoned justification for modification of the rule and an assessment of
 public  comments,  prepared  in  accordance  with  subdivision four-a of
 section two hundred two of this article, which  were  submitted  to  the
 agency  in response to the listing of the rule in the regulatory agenda.
 Where appropriate, the agency shall also  include  in  its  statement  a
 discussion of the degree to which changes in technology, economic condi-
 tions, TIME REQUIRED TO COMPLY, or other factors in the area affected by
 the rule necessitate changes in the rule.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01558-02-0

 S. 7183                             2
 
   §  3.  Paragraph  (a)  of  subdivision 1 of section 202-b of the state
 administrative procedure act, as amended by chapter 611 of the  laws  of
 1996, is amended to read as follows:
   (a)  the  establishment  of differing compliance or reporting require-
 ments or timetables that take into account the  resources  available  to
 small businesses and local governments OR THE TIME NEEDED BY SMALL BUSI-
 NESSES OR LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE RULE;
   §  4.  Section  3 of a chapter of the laws of 2019, amending the state
 administrative procedure act relating to the time needed by small  busi-
 nesses and local governments to comply with new regulations, as proposed
 in  legislative  bills numbers S. 5812 and A. 842, is amended to read as
 follows:
   § 3. This act shall  take  effect  on  the  [first  of  November  next
 succeeding  the  date on which] ONE HUNDRED TWENTIETH DAY AFTER it shall
 have become a law and shall apply to all rules for  which  a  notice  of
 proposed rule making is [published] FILED on or after such date.
   §  5.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2019, amending the state  administra-
 tive  procedure  act relating to the time needed by small businesses and
 local governments to comply with new regulations, as proposed in  legis-
 lative bills numbers S. 5812 and A. 842, takes effect.

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