What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.661
- Referred to commerce, economic development and small business
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.920
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to public petitions for rule making
In Assembly Committee · Governmental Operations · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4318
Title of bill
An act to amend the state administrative procedure act, in relation to public petitions for rule making
Purpose
This bill would establish a formal process for the public to petition state agencies for the adoption, amendment or repeal of rules, including a required agency response when a petition is signed by 100 or more New York residents.
Summary of provisions
Section 1 adds a new § 208 to the State Administrative Procedure Act
(SAPA) that sets forth a process for the public to seek adoption, repeal or other changes in state agency rules. A petition must meet minimum requirements, including:
-identifying petitioners by name and address; -setting forth the text of the rule to be changed or adopted; and -indicating the authority and justification for the change, including the public benefit.
An agency shall maintain a publicly available file of petitions it receives and shall post information on its website on the process for submitting petitions and comments on the same, the text or summary of each petition received and any written denials issued on petitions.
No specific action is required on a petition unless it is the subject of substantial public interest, as indicated by the signatures of 100 or more New York State residents. Such petitions must either be denied in writing within 180 days of receipt or a notice of proposed rule making must be issued within 270 days of such receipt.
Justification
In America we expect government to be "of the people, by the people, for the people." For many years the Federal Administrative Procedure Act has required agencies to accept public petitions for rule changes. Various forms of this requirement are also found in many state laws and in the New York City Charter. New Yorkers could also benefit from a process for requesting changes in the rules of state agencies.
This bill preserves the ability of an agency to ultimately determine priorities for changes in policy, while including assurances that issues of significant public interest will be considered on their merits. Any petition that is signed by 100 or more New York State residents must either be denied in writing by the agency or a notice of proposed rule- making must be issued. This will allow the agency to obtain further public input and a more complete assessment of popular sentiment on the issue in question.
Legislative history
New Bill
Fiscal implications
None.
Effective date
First day of January after having become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.