Bill Text: NY S04328 | 2015-2016 | General Assembly | Amended

---

Bill Title: Establishes procedures for negotiated rule making.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-05-09 - referred to governmental operations [S04328 Detail]

Download: New_York-2015-S04328-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         4328--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                     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 -- recommitted to the Committee on Commerce,
          Economic Development and Small Business in accordance with Senate Rule
          6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the state administrative procedure act, in  relation  to
          negotiated rule making
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "small business negotiated rule making act of 2016".
     3    §  2.  Legislative intent. The legislature hereby finds that providing
     4  additional opportunities for direct small business  and  public  partic-
     5  ipation  in  the  development  of  potentially  controversial  rules can
     6  enhance the ability of the agency to develop the  most  appropriate  and
     7  effective regulatory language, and can reduce the time and expense occa-
     8  sioned  by  litigation  over the rule. Negotiated rule making provides a
     9  means of improving the substance and  increasing  the  acceptability  of
    10  rules,  by  affording  to the agency, regulated small businesses and the
    11  public the opportunity for face-to-face negotiations over a rule  making
    12  proposal  which  is under development by the agency. The opportunity for
    13  representatives of the various persons and small  businesses  interested
    14  in  a  rule to meet and communicate with each other provides a framework
    15  for the sharing of information, knowledge  and  expertise  in  order  to
    16  develop  a  consensus  on the most effective and appropriate rule making
    17  proposal.  Fair representation of all interested parties and  a  skilled
    18  facilitator  are  essential  elements  of  a  successful negotiated rule
    19  making process.
    20    Therefore, the legislature declares it to be in the public interest to
    21  set forth a statutory process for negotiated rule making  in  the  state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09934-02-6