What's happening
This bill updates notification rules for agency rulemaking, allowing electronic requests and notices, and eliminates fees for electronic notifications.
Why it matters
Makes it easier for the public and organizations to stay informed about agency rule changes by allowing electronic requests for notifications, rather than requiring written requests. This can reduce administrative hurdles for those wanting to track regulatory changes that affect them.
Removes annual expiration for electronic notification requests, ensuring that interested individuals or groups continue to receive updates until they choose to opt out. This change lessens the risk of missing important rule changes due to forgotten renewals.
Eliminates fees for electronic notifications, lowering the cost barrier for people or entities who want to stay updated on agency rulemaking. This could particularly benefit smaller organizations or individuals monitoring regulatory issues on a tight budget.
Allows agencies to fulfill notification requirements by providing web links instead of emailing large documents, streamlining the process and potentially speeding up access to information. This reflects modern communication trends and may improve government transparency and efficiency.
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Who cares
Headline styles
Expand Electronic Rule Notices
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7092
- Ordered to third reading cal.1797
- Committee discharged and committed to rules
- 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.
Send Rules by Email
Signed by Governor · Sponsor Aravella Simotas
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5721
2017-2018 Regular Sessions
IN SENATE
April 26, 2017
Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business
AN ACT to amend the state administrative procedure act, in relation to the electronic distribution of rule making information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a), (b) and (c) of subdivision 6-a of section 202 of the state administrative procedure act, paragraphs (a) and (b) as amended by chapter 171 of the laws of 1994 and paragraph (c) as added by chapter 850 of the laws of 1990, are amended to read as follows:
(a) An agency shall transmit a copy of any rule making notice prepared pursuant to this article to the governor, the temporary president of the senate, the speaker of the assembly[,] and the administrative regulations review commission [and the office of regulatory and management assistance] at the time such notice is submitted to the secretary of state for publication in the state register. Such transmittal shall include the complete rule text, regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis, or revisions thereof, and any other information submitted to the secretary of state pursuant to this article.
(b) An agency shall make a copy of the complete text of any proposed, adopted or emergency rule, regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis, or revisions thereof available to the public at the time such documents are submitted to the secretary of state for publication in the state register and shall send to any person a copy of such text upon written or electronic request.
(c) An agency shall notify every person who has submitted a written or electronic request to be notified of all proposed, revised, emergency and/or adopted rules which may affect such person. [Such] The agency may allow requests for only the rules of particular divisions or programs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10702-01-7
S. 5721 2
within the agency that are of interest to such person. Written requests shall expire annually on the thirty-first day of December with renewals for the succeeding year to be accepted on or after December first. Electronic requests shall not expire, but shall continue until the person submits a request to discontinue such notification. Notices issued pursuant to such requests shall be sent [in writing] to the last address specified by the person. An agency may charge any person requesting such notice a fee consisting of the cost of preparation, handling and postage; provided, however, that no fee shall be charged for electronic notices. As an alternative to sending a document electronically, an agency may identify the document and provide a link to the section of its website containing the full text of such document.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the state administrative procedure act, in relation to the electronic distribution of rule making information
Purpose or general idea of bill
This bill provides that members of the public can request and receive notification of rulemaking actions electronically.
Summary of specific provisions
Bill § 1 amends subdivision 6-a of § 202 of the State Administrative Procedure Act (SAPA) to provide that members of the public can request and receive notification of rulemaking actions electronically. It also provides that agencies may allow such requests to be tailored to apply to notices from specific divisions or programs of the agency. Unlike written requests, requests for electronic notification will not need to be renewed annually, but instead will allow the requester to opt out at any time.
No fee may be charged for sending rulemaking notices electronically. As an alternative to sending the text of a document electronically, the agency could provide a link to the full text of a document it has posted on its website.
Effects of present law which this bill would alter
At present SAPA only requires agencies to receive written requests for rulemaking notices and to mail out copies of such documents. This bill would provide clear requirements for electronic availability of rulemaking notices.
Justification
The ability of the public to have their voices heard in administrative rulemaking activities of state agencies Is a critical element of democracy. However, participation is impossible unless the public is aware of such activities. This bill would amend SAPA to make use of electronic communications to expand the methods available to the public to learn of rulemaking actions. Similar measures have been adopted in the 2010 revised Model SAPA and in the statutes of several other states.
In order to promote public participation, the bill provides that no fees shall be charged for electronic notices, and provides that agencies may allow requests to be tailored to only seek notices that relate to particular divisions or programs of the agency. Such notices can be of particular assistance by enabling small businesses to learn of new regulatory requirements in order to achieve compliance. Expanded use of electronic notice may also benefit agencies, who in many cases may not recoup the full costs of mailing and handling paper documents.
Prior legislative history
New bill.
Fiscal implications for state and local governments
None.
Effective date
First day of November after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.