Bill Text: NY S04318 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to public petitions for rule making.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S04318 Detail]

Download: New_York-2015-S04318-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4318
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 13, 2015
                                      ___________
       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
         public petitions for rule making
         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 section 208 to read as follows:
    3    S 208. PUBLIC PETITIONS FOR RULE MAKING. 1.  ANY PERSON OR PERSONS MAY
    4  PETITION  AN  AGENCY  TO REQUEST THE ADOPTION, AMENDMENT, OR REPEAL OF A
    5  RULE.
    6    2. A PETITION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
    7    (A) THE PETITION SHALL INCLUDE THE FULL NAME AND ADDRESS OF EACH PETI-
    8  TIONER AND OF ANY ENTITY OR ORGANIZATION WITH WHICH  THE  PETITIONER  IS
    9  AFFILIATED;  AND  IF  THERE  ARE MULTIPLE PETITIONERS SHALL IDENTIFY THE
   10  PERSON  TO  WHOM  COMMUNICATIONS  CONCERNING  THE  PETITION  SHOULD   BE
   11  DIRECTED;
   12    (B)  THE  TEXT  OF  ANY PROPOSED CHANGES TO THE CURRENT RULES SHALL BE
   13  SUBMITTED IN A MANNER THAT CLEARLY IDENTIFIES THE WORDS TO BE  ADDED  TO
   14  OR DELETED FROM THE CURRENT RULES OF THE AGENCY;
   15    (C)  THE  PETITION  SHALL  IDENTIFY  THE  STATUTORY  AUTHORITY FOR THE
   16  PROPOSED RULE;
   17    (D) THE PETITION SHALL INDICATE THE  JUSTIFICATION  FOR  THE  PROPOSED
   18  RULE, INCLUDING AN IDENTIFICATION OF THE PUBLIC BENEFIT OF THE ADOPTION,
   19  AMENDMENT OR REPEAL;
   20    (E) ANY PETITION THAT CONCERNS THE RULES OF MORE THAN ONE AGENCY SHALL
   21  BE SUBMITTED TO EACH SUCH AGENCY; AND
   22    (F)  THE  PETITION SHALL BE LIMITED TO ONE RULE OR A RELATED SERIES OF
   23  RULES AND SHALL NOT CONCERN ANY MATTER WHICH IS THE SUBJECT OF A CURRENT
   24  NOTICE OF PROPOSED RULE MAKING OR NOTICE OF EMERGENCY ADOPTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02976-01-5
       S. 4318                             2
    1    3. AN AGENCY SHALL MAINTAIN A PUBLICLY  AVAILABLE  FILE  OF  PETITIONS
    2  SUBMITTED TO IT PURSUANT TO THIS SECTION AND SHALL:
    3    (A)  POST INFORMATION ON ITS WEBSITE ON HOW PETITIONS MAY BE SUBMITTED
    4  TO THE AGENCY AND HOW THE PUBLIC MAY COMMENT ON SUCH PETITIONS;
    5    (B) POST A NOTICE WITHIN THIRTY DAYS OF RECEIPT  OF  A  PETITION  THAT
    6  INCLUDES THE FULL TEXT OR A SUMMARY THEREOF; AND
    7    (C)  SHALL  POST  WITHIN THIRTY DAYS OF ISSUANCE A WRITTEN DENIAL OF A
    8  PETITION.
    9    4. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  AN
   10  AGENCY  SHALL  NOT BE REQUIRED TO TAKE ANY ACTION IN RESPONSE TO A PETI-
   11  TION, BUT MAY IN ITS DISCRETION PUBLISH A NOTICE OF PROPOSED RULE MAKING
   12  OR A WRITTEN DENIAL OF A PETITION OR MAY SOLICIT ADDITIONAL INFORMATION,
   13  THROUGH THE CONDUCT OF PUBLIC HEARINGS OR OTHERWISE, ON THE MERITS OF  A
   14  PETITION.
   15    (B)  WITHIN  ONE  HUNDRED EIGHTY DAYS OF RECEIPT OF A PETITION MEETING
   16  THE REQUIREMENTS OF THIS SECTION THAT HAS BEEN SIGNED BY ONE HUNDRED  OR
   17  MORE RESIDENTS OF THE STATE, AN AGENCY SHALL EITHER DENY THE PETITION IN
   18  WRITING,  STATING  ITS REASONS FOR DENIAL, OR ISSUE A NOTICE OF PROPOSED
   19  RULE MAKING IN ACCORDANCE WITH THIS ARTICLE.   SUCH NOTICE  OF  PROPOSED
   20  RULE  MAKING  SHALL  INCLUDE  INFORMATION ON THE INITIATING PETITION AND
   21  SHALL BE SUBMITTED FOR PUBLICATION IN  THE  STATE  REGISTER  WITHIN  TWO
   22  HUNDRED  SEVENTY  DAYS  OF RECEIPT OF SUCH PETITION. THE AGENCY MAY VARY
   23  THE TEXT OF THE PROPOSED RULE FROM THE TEXT SUBMITTED WITH THE PETITION.
   24    (C) DENIAL OF A PETITION ON THE BASIS THAT IT DOES NOT MEET THE  MINI-
   25  MUM  REQUIREMENTS  OF THIS SECTION DOES NOT PRECLUDE THE SUBMISSION OF A
   26  NEW PETITION ON THE SAME SUBJECT THAT SEEKS TO CORRECT ANY DEFICIENCIES.
   27    5. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  LIMIT  OR  MODIFY  THE
   28  APPLICABILITY OF ANY OTHER PROVISION OF LAW CONCERNING PETITIONS FOR THE
   29  ADOPTION, MODIFICATION OR REVOCATION OF RULES, INCLUDING BUT NOT LIMITED
   30  TO  SECTION  THIRTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW AND SECTION
   31  SIX HUNDRED SEVENTY-SIX OF THE LABOR LAW.
   32    S 2. This act shall take effect on the first of January next  succeed-
   33  ing the date on which it shall have become a law.