Bill Text: NY S00717 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes a task force for the review of the state administrative procedure act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S00717 Detail]
Download: New_York-2019-S00717-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 717 2019-2020 Regular Sessions IN SENATE (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: 1 Section 1. The state administrative procedure act is amended by adding 2 a new article 6 to read as follows: 3 ARTICLE 6 4 TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT 5 Section 601. Legislative intent. 6 602. Task force for the review of the state administrative 7 procedure act. 8 § 601. Legislative intent. The state administrative procedure act was 9 first enacted in nineteen hundred seventy-five to create a uniform, 10 consistent process to administrative rulemaking, adjudication and 11 licensing. Since nineteen hundred seventy-five this act has been amended 12 numerous times but there has never been a comprehensive review of the 13 efficacy of the act in its entirety. The legislature hereby finds and 14 declares that it is in the public interest to have such a comprehensive 15 review to ensure that administrative rulemaking, adjudication and 16 licensing is consistent, uniform, and not unnecessarily burdensome for 17 regulated entities. 18 § 602. Task force for the review of the state administrative procedure 19 act. 1. There shall be established a task force for the review of the 20 state administrative procedure act ("task force"). Such task force shall 21 examine, evaluate and make recommendations concerning the efficiency of 22 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. LBD02722-01-9S. 717 2 1 consistent, uniform rules and whether the statutory process results in 2 rules, regulations and licenses that are overly burdensome on regulated 3 entities. 4 2. The task force shall be composed of nine members appointed as 5 follows: three members appointed by the governor, at least one of whom 6 shall be chosen from among the commissioners of agencies with signif- 7 icant regulatory oversight; two members appointed by the temporary pres- 8 ident of the senate, one of whom shall be the senate chairperson of the 9 administrative regulatory review commission; two members appointed by 10 the speaker of the assembly, one of which shall be the assembly chair- 11 person of the administrative regulatory review commission; one member 12 appointed by the minority leader of the senate; and one member appointed 13 by the minority leader of the assembly. The governor shall designate the 14 chair of the task force. All appointed members of the task force shall 15 have experience in regulatory or administrative law, or experience in a 16 field regulated by multiple state agencies, or a representative of 17 organized labor in a regulated field. 18 3. The task force shall hold public hearings throughout the state and 19 shall have the powers of a legislative committee pursuant to the legis- 20 lative law. The task force shall consult with members of the small 21 business and agricultural communities and regulated entities and citi- 22 zens from every region of the state. 23 4. On or before December thirty-first, two thousand twenty, the task 24 force shall provide a written report to the governor, the temporary 25 president of the senate, the speaker of the assembly, the minority lead- 26 er of the senate, the minority leader of the assembly, and the chair- 27 persons of the administrative regulatory review commission. The report 28 shall include, but not be limited to, recommendations for specific 29 amendments to this act as well as any additional recommendations the 30 task force deems relevant. Any recommendations shall incorporate the 31 following principles: (a) agencies should conduct risk assessments based 32 on the best-available data and science; (b) agencies should ensure that 33 a full cost benefit analysis is undertaken for major regulations; (c) 34 the rulemaking process must include an objective, transparent peer and 35 public review; (d) regulations should be subject to legislative and 36 judicial oversight and review; and (e) agencies should prioritize 37 compliance over enforcement. 38 5. The members of the task force shall receive no compensation for 39 their services, but shall be allowed their actual and necessary expenses 40 incurred in the performance of their duties pursuant to this section. 41 6. To the maximum extent feasible, the task force shall be entitled to 42 request and receive and shall utilize and be provided with such facili- 43 ties, resources and data of any court, department, division, board, 44 bureau, commission, or agency of the state or any political subdivision 45 or public authority thereof as it may reasonably request to carry out 46 properly its powers and duties pursuant to this section. 47 § 2. This act shall take effect immediately.
