Bill Text: NY S06448 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires legislation which adversely affects businesses or local governments to be accompanied by a legislative regulatory impact statement.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-02-09 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06448 Detail]
Download: New_York-2011-S06448-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6448
I N S E N A T E
February 9, 2012
___________
Introduced by Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Investigations and Government Operations
AN ACT to amend the legislative law, in relation to requiring bills
which enact or amend any provision of law which affects businesses or
local governments in this state to be accompanied by a legislative
regulatory impact statement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The legislative law is amended by adding a new section
2 51-a to read as follows:
3 S 51-A. LEGISLATIVE REGULATORY IMPACT STATEMENTS. 1. DEFINITIONS. AS
4 USED IN THIS SECTION:
5 A. "COMMISSION" SHALL MEAN THE ADMINISTRATIVE REGULATIONS REVIEW
6 COMMISSION ESTABLISHED PURSUANT TO ARTICLE FIVE-B OF THIS CHAPTER.
7 B. "IMPACT STATEMENT" SHALL MEAN A LEGISLATIVE REGULATORY IMPACT
8 STATEMENT REQUIRED PURSUANT TO THIS SECTION.
9 C. "RULE" SHALL MEAN A RULE AS DEFINED IN SUBDIVISION TWO OF SECTION
10 ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
11 D. "STATE AGENCY" SHALL MEAN AN AGENCY AS DEFINED IN SUBDIVISION ONE
12 OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
13 2. A. EVERY BILL AND AMENDMENT THEREOF INTRODUCED IN THE LEGISLATURE
14 WHICH, IF ENACTED INTO LAW, MAY IMPOSE OR RESULT IN (I) A SIGNIFICANT
15 ADVERSE ECONOMIC IMPACT ON BUSINESS FIRMS, REGARDLESS OF THEIR SIZE, IN
16 THIS STATE OR UPON LOCAL GOVERNMENTS; OR (II) SIGNIFICANT ADDITIONAL
17 REPORTING, RECORDKEEPING OR OTHER COMPLIANCE REQUIREMENT UPON BUSINESSES
18 IN THIS STATE OR UPON LOCAL GOVERNMENTS; OR (III) OTHER MANDATES THAT
19 COULD INCREASE THE COST OF CONDUCTING BUSINESS IN THIS STATE; OR (IV)
20 THE DIRECT LOSS OF EMPLOYMENT IN THIS STATE OR THE SUPPRESSING OF FUTURE
21 PROSPECTS OF INCREASED JOB GROWTH IN THIS STATE; OR (V) AN ADVERSE
22 IMPACT ON THE ECONOMY OF THIS STATE; OR (VI) THE ESTABLISHMENT OF NEW OR
23 ADDITIONAL PERMIT, LICENSE, APPROVAL, REGISTRATION OR CHARTER REQUIRE-
24 MENTS FOR THE CONDUCTING OF ANY BUSINESS ACTIVITY IN THIS STATE; SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14061-01-2
S. 6448 2
1 BE ACCOMPANIED, ON A SEPARATE FORM, BY A LEGISLATIVE REGULATORY IMPACT
2 STATEMENT PRIOR TO ITS PASSAGE BY THE LEGISLATURE.
3 B. EVERY BILL AND AMENDMENT THEREOF INTRODUCED IN THE LEGISLATURE
4 SHALL, IMMEDIATELY UPON ITS PRINTING, BE DELIVERED TO THE COMMISSION FOR
5 A DETERMINATION BY SUCH COMMISSION OF WHETHER THE BILL OR AMENDMENT IS
6 REQUIRED TO BE ACCOMPANIED BY AN IMPACT STATEMENT PURSUANT TO PARAGRAPH
7 A OF THIS SUBDIVISION. IN THE EVENT THE COMMISSION RECEIVES AN AMEND-
8 MENT OF A BILL FOR WHICH AN IMPACT STATEMENT EXISTS AND HAS BEEN FILED,
9 THE COMMISSION MAY DETERMINE THAT THE EXISTING IMPACT STATEMENT OR A
10 REVISED VERSION THEREOF SHALL SUFFICE FOR PURPOSES OF THIS SECTION.
11 C. FOR EVERY BILL AND AMENDMENT THEREOF WHICH REQUIRES AN IMPACT
12 STATEMENT, THE COMMISSION SHALL, WITHIN THIRTY DAYS OF THE RECEIPT THER-
13 EOF, NOTIFY THE SPONSOR OF THE BILL OR AMENDMENT WHETHER IT REQUIRES AN
14 IMPACT STATEMENT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION; PROVIDED,
15 HOWEVER, THAT FOR BILLS AND AMENDMENTS RECEIVED ON OR AFTER MAY FIRST,
16 SUCH NOTIFICATION SHALL BE PROVIDED WITHIN TEN DAYS, AND FOR THOSE
17 RECEIVED ON OR AFTER JUNE FIFTEENTH, SUCH NOTIFICATION SHALL OCCUR WITH-
18 IN TWENTY-FOUR HOURS. IN ANY INSTANCE IN WHICH THE COMMISSION FAILS TO
19 COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH, THE REQUIREMENTS OF THIS
20 SECTION SHALL BE DEEMED TO HAVE BEEN WAIVED WITH REGARD TO SUCH BILL OR
21 AMENDMENT.
22 3. A. UPON RECEIPT OF NOTIFICATION FROM THE COMMISSION THAT A BILL OR
23 AMENDMENT REQUIRES AN IMPACT STATEMENT, THE SPONSOR THEREOF SHALL CAUSE
24 SUCH AN IMPACT STATEMENT TO BE PREPARED. UPON COMPLETION OF THE IMPACT
25 STATEMENT, THE SPONSOR SHALL FILE THE IMPACT STATEMENT WITH THE TEMPO-
26 RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE COMMIS-
27 SION, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
28 ASSEMBLY, THE SENATE COMMITTEE ON COMMERCE, ECONOMIC DEVELOPMENT AND
29 SMALL BUSINESS, THE ASSEMBLY COMMITTEE ON ECONOMIC DEVELOPMENT, JOB
30 CREATION, COMMERCE AND INDUSTRY, THE ASSEMBLY COMMITTEE ON SMALL BUSI-
31 NESS, AND ANY OTHER PERSONS OR COMMITTEES AS SHALL BE PROVIDED PURSUANT
32 TO THE RULES OF THE SENATE AND THE RULES OF THE ASSEMBLY. THE LEGISLA-
33 TURE SHALL BY CONCURRENT RESOLUTION ADOPT RULES PROVIDING FOR THE PROC-
34 ESS FOR THE REVIEW OF IMPACT STATEMENTS, AND OF THE BILLS AND AMENDMENTS
35 TO WHICH SUCH STATEMENTS RELATE.
36 B. EACH IMPACT STATEMENT SHALL INCLUDE, BUT NOT BE LIMITED TO:
37 (I) NEEDS AND BENEFITS. A STATEMENT SETTING FORTH THE PURPOSE, NECES-
38 SITY AND BENEFITS TO BE DERIVED FROM THE PROPOSED LEGISLATION;
39 (II) COSTS. A STATEMENT DETAILING THE ESTIMATED OR PROJECTED COSTS OF
40 THE PROPOSED LEGISLATION WHEN ENACTED INTO LAW. SUCH STATEMENT SHALL
41 INCLUDE: (A) THE COSTS OF IMPLEMENTING AND THE CONTINUED COMPLIANCE WITH
42 THE PROVISIONS OF THE PROPOSED LEGISLATION TO REGULATED INDIVIDUALS,
43 BUSINESSES, LOCAL GOVERNMENTS AND/OR OTHER ENTITIES; (B) THE COSTS OF
44 IMPLEMENTING AND THE CONTINUED COMPLIANCE WITH THE PROVISIONS OF THE
45 PROPOSED LEGISLATION TO AGENCIES AND LOCAL GOVERNMENTS; AND (C) INFORMA-
46 TION ON AND METHODOLOGY USED TO CALCULATE THE COST ANALYSIS AND PROJECT-
47 ED COSTS, AND THE SOURCE OR SOURCES THEREOF;
48 (III) PAPERWORK OR DOCUMENTATION. A STATEMENT DESCRIBING THE NEED FOR
49 AND THE EXTENT OF ANY REPORTING AND DOCUMENTATION COSTS AND ADMINISTRA-
50 TIVE COSTS, AND THE NEED TO PREPARE REPORTS, FORMS AND OTHER PAPERWORK
51 THAT WILL RESULT FROM IMPLEMENTATION OF THE PROPOSED LEGISLATION;
52 (IV) ALTERNATIVE APPROACHES. A STATEMENT DECLARING WHETHER ANY SIGNIF-
53 ICANT ALTERNATIVES TO THE REGULATORY PROVISIONS OF THE PROPOSED LEGIS-
54 LATION WERE CONSIDERED THAT, WHILE ACHIEVING THE PURPOSES OF THE
55 PROPOSED LEGISLATION, WOULD REDUCE OR MINIMIZE THE ADVERSE ECONOMIC
56 IMPACT THEREOF, OR WOULD MINIMIZE REGULATORY OR STATUTORY COSTS,
S. 6448 3
1 MANDATES, OR OTHER ECONOMIC OR ADMINISTRATIVE BURDENS IMPOSED UPON THE
2 REGULATED INDIVIDUALS, BUSINESSES, LOCAL GOVERNMENTS AND/OR OTHER
3 PARTIES;
4 (V) FEDERAL STANDARDS. A STATEMENT IDENTIFYING WHETHER THE PROPOSED
5 LEGISLATION PROVIDES FOR AN EXPANSION OF THE MINIMUM STANDARDS REQUIRED
6 BY THE FEDERAL GOVERNMENT FOR THE SAME OR A SIMILAR SUBJECT AREA, AND,
7 IF SO, A DETAILED EXPLANATION OF WHY IT IS NECESSARY TO EXCEED SUCH
8 MINIMUM STANDARDS; AND
9 (VI) JOB IMPACT. A STATEMENT AFFIRMING THAT THE PROPOSED LEGISLATION
10 IS DRAFTED IN SUCH A MANNER AS TO MINIMIZE, TO THE MAXIMUM EXTENT PRAC-
11 TICABLE, ANY UNNECESSARY OR UNREASONABLE ADVERSE IMPACT ON EXISTING JOBS
12 AND THE DEVELOPMENT OF EMPLOYMENT OPPORTUNITIES IN THE FUTURE.
13 4. EVERY BILL, WHICH IS REQUIRED TO HAVE AN IMPACT STATEMENT AND HAS
14 PASSED BOTH HOUSES OF THE LEGISLATURE, SHALL, UPON BEING SENT TO THE
15 GOVERNOR FOR HIS OR HER APPROVAL OR VETO, INCLUDE A COPY OF THE IMPACT
16 STATEMENT FOR SUCH BILL.
17 S 2. Subdivision 1 of section 87 of the legislative law, as added by
18 chapter 689 of the laws of 1978, is amended and a new subdivision 4 is
19 added to read as follows:
20 1. The commission shall exercise continuous oversight of the process
21 of rule making and examine rules, as defined in subdivision two of
22 section one hundred two of the state administrative procedure act,
23 adopted or proposed by each agency with respect to (i) statutory author-
24 ity, (ii) compliance with legislative intent, (iii) impact on the econo-
25 my and on the government operations of the state and its local govern-
26 ments, [and] (iv) MINIMIZING THE IMPOSITION OF ANY UNNECESSARY OR
27 OVER-BURDENSOME RULES WHICH ADVERSELY IMPACT EXISTING JOBS IN THE STATE,
28 OR WHICH DETRIMENT THE STATE'S BUSINESS CLIMATE, OR DIMINISH THE ABILITY
29 TO DEVELOP NEW EMPLOYMENT OPPORTUNITIES OR ECONOMIC EXPANSION, AND (V)
30 impact on affected parties; and, in furtherance of such duties, may
31 examine other issues it deems appropriate. For purpose of this article,
32 the term agency shall mean any department, board, bureau, commission,
33 division, office, council, committee or officer of the state or a public
34 benefit corporation or public authority at least one of whose members is
35 appointed by the governor.
36 4. THE COMMISSION SHALL COMPLY WITH AND FULFILL ITS OBLIGATIONS
37 PURSUANT TO SECTION FIFTY-ONE-A OF THIS CHAPTER. FURTHERMORE, THE
38 COMMISSION SHALL REVIEW PROPOSED LEGISLATION TO ENSURE THAT ANY
39 PROVISION FOR RULEMAKING THEREIN IS DRAFTED IN A MANNER SO AS TO MINI-
40 MIZE THE GRANT OF ADDITIONAL REGULATORY POWER TO STATE AGENCIES WHICH IS
41 LIMITED TO THOSE NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF
42 THE PROPOSED LEGISLATION.
43 S 3. This act shall take effect on the first of January next succeed-
44 ing the date on which it shall have become a law.
