Bill Text: NY S05812 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Passed) 2019-12-06 - approval memo.25 [S05812 Detail]

Download: New_York-2019-S05812-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5812

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by  Sen.  KAPLAN -- 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
          the time needed by small businesses and local  governments  to  comply
          with new regulations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (e) and (f) of subdivision 2 of section 202-b of
     2  the state administrative procedure act are relettered paragraphs (f) and
     3  (g) and a new paragraph (e) is added to read as follows:
     4    (e) an assessment of the minimum time that will  be  needed  by  small
     5  businesses  and local governments to come into compliance with the rule,
     6  taking into consideration any applicable practical, legal  and  economic
     7  or fiscal constraints on such compliance, and a description of the meas-
     8  ures  that the agency intends to utilize to ensure that small businesses
     9  and local governments are informed of new or amended compliance require-
    10  ments with sufficient lead time to achieve compliance without experienc-
    11  ing unnecessary costs or burdens;
    12    § 2. The opening paragraph and  paragraph  (b)  of  subdivision  6  of
    13  section  202-b  of the state administrative procedure act, as amended by
    14  chapter 611 of the laws of 1996, are amended to read as follows:
    15    When any rule is proposed for which a regulatory flexibility  analysis
    16  is  required, the agency shall assure that it has actively solicited the
    17  participation of small businesses and local governments [have been given
    18  an opportunity to participate] in the rule making through activities  in
    19  addition  to  publication in the state register and posting on the agen-
    20  cy's website, such [activities] as:
    21    (b) the direct notification of interested small businesses  and  local
    22  governments  affected by the proposed rule or organizations representing
    23  the interests of such entities;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01558-01-9
        S. 5812                             2

     1    § 3. This act shall take effect on the first of November next succeed-
     2  ing the date on which it shall have become a law and shall apply to  all
     3  rules  for  which  a  notice  of proposed rule making is published on or
     4  after such date.