What's happening
This bill creates a task force to review and recommend changes to New York's state administrative procedure act for improved efficiency and fairness.
Why it matters
Aims for comprehensive modernization. This bill responds to the fact that the State Administrative Procedure Act (SAPA) has not undergone a full review since its 1975 adoption, despite piecemeal amendments, and recognizes the need to update processes to reflect current regulatory realities and stakeholder concerns.
Direct stakeholder engagement. The task force is required to hold public hearings statewide and explicitly consult with small businesses, agricultural groups, regulated entities, and citizens, ensuring that recommendations will be informed by those most affected by state rules and regulations.
Emphasizes evidence-based and transparent regulation. The bill directs the task force to recommend improvements based on principles such as risk assessment using the best science, thorough cost-benefit analysis for major rules, objective and transparent peer/public review, and prioritizing compliance over enforcement—potentially shifting how regulations are crafted and enforced in New York.
Could impact oversight and accountability. By calling for greater legislative and judicial oversight of regulations, the bill may lead to reforms that check executive agency power and increase the role of public and legislative review in the regulatory process, with possible implications for how quickly or stringently rules are adopted and enforced.
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Who cares
Headline styles
Review State Procedures Task Force
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to commerce, economic development and small business
- 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.
Review State Rules Task Force
In Assembly Committee · Governmental Operations · Sponsor David DiPietro
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
717
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. GALLIVAN -- 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 establishing a task force for the review of the state administrative procedure act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The state administrative procedure act is amended by adding a new article 6 to read as follows:
ARTICLE 6
TASK FORCE FOR REVIEW OF THE STATE ADMINISTRATIVE PROCEDURE ACT Section 601. Legislative intent.
602. Task force for the review of the state administrative
procedure act.
§ 601. Legislative intent. The state administrative procedure act was first enacted in nineteen hundred seventy-five to create a uniform, consistent process to administrative rulemaking, adjudication and licensing. Since nineteen hundred seventy-five this act has been amended numerous times but there has never been a comprehensive review of the efficacy of the act in its entirety. The legislature hereby finds and declares that it is in the public interest to have such a comprehensive review to ensure that administrative rulemaking, adjudication and licensing is consistent, uniform, and not unnecessarily burdensome for regulated entities.
§ 602. Task force for the review of the state administrative procedure act. 1. There shall be established a task force for the review of the state administrative procedure act ("task force"). Such task force shall examine, evaluate and make recommendations concerning the efficiency of the rulemaking process, whether this act ensures the establishment of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02722-01-9
S. 717 2
consistent, uniform rules and whether the statutory process results in rules, regulations and licenses that are overly burdensome on regulated entities.
2. The task force shall be composed of nine members appointed as follows: three members appointed by the governor, at least one of whom shall be chosen from among the commissioners of agencies with significant regulatory oversight; two members appointed by the temporary president of the senate, one of whom shall be the senate chairperson of the administrative regulatory review commission; two members appointed by the speaker of the assembly, one of which shall be the assembly chairperson of the administrative regulatory review commission; one member appointed by the minority leader of the senate; and one member appointed by the minority leader of the assembly. The governor shall designate the chair of the task force. All appointed members of the task force shall have experience in regulatory or administrative law, or experience in a field regulated by multiple state agencies, or a representative of organized labor in a regulated field.
3. The task force shall hold public hearings throughout the state and shall have the powers of a legislative committee pursuant to the legislative law. The task force shall consult with members of the small business and agricultural communities and regulated entities and citizens from every region of the state.
4. On or before December thirty-first, two thousand twenty, the task force shall provide a written report to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly, and the chairpersons of the administrative regulatory review commission. The report shall include, but not be limited to, recommendations for specific amendments to this act as well as any additional recommendations the task force deems relevant. Any recommendations shall incorporate the following principles: (a) agencies should conduct risk assessments based on the best-available data and science; (b) agencies should ensure that a full cost benefit analysis is undertaken for major regulations; (c) the rulemaking process must include an objective, transparent peer and public review; (d) regulations should be subject to legislative and judicial oversight and review; and (e) agencies should prioritize compliance over enforcement.
5. The members of the task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties pursuant to this section.
6. To the maximum extent feasible, the task force shall be entitled to request and receive and shall utilize and be provided with such facilities, resources and data of any court, department, division, board, bureau, commission, or agency of the state or any political subdivision or public authority thereof as it may reasonably request to carry out properly its powers and duties pursuant to this section.
§ 2. This act shall take effect immediately.
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 establishing a task force for the review of the state administrative procedure act
Purpose
Amends the state administrative procedure act, in relation to establish- ing a task force for the review of the state administrative procedure act to examine, evaluate, and make recommendations concerning the effi- ciency of the rulemaking process, whether this act ensures the estab- lishment of consistent, uniform rules, and whether the statutory process results in rules, regulations, and licenses that are overly burdensome on regulated entities.
Summary of provisions
This bill would establish the Task Force for Review of the State Admin- istrative Procedure Act (SAPA) that would be tasked with conducting a comprehensive review of the efficacy of SAPA. The Task Force would be required to examine, evaluate, and make recommendations concerning the efficiency of the rulemaking process, whether this act ensures the establishment of consistent, uniform rules, and whether the statutory process results in rules, regulations, and licenses that are overly burdensome on regulated entities. The Task Force would-be comprised of 9 members, three of whom would be appointed by the Governor, two of whom would be appointed by the Temporary President of the Senate, two of whom would be appointed by the Speaker of the Assembly, one of whom would be appointed by the minority leader of the Senate, and one of whom would be appointed by the minority leader of the Assembly. The Task Force would be required to issue a report on or before December 31, 2020.
Justification
The State Administrative Procedure Act was first enacted in 1975 to create a uniform, consistent process to administrative rulemaking, adju- dication, and licensing. Since 1975, this act has been amended numerous times but there has never been a comprehensive review of the efficacy of the act in its entirety. It is in the public interest to have such a comprehensive review to ensure that administrative rulemaking, adjudi- cation, and licensing is consistent, uniform, and not unnecessarily burdensome for regulated entities.
Legislative history
2017-18: S.2133/A.5342 Passed Senate/Referred to Governmental Operations 2015-16: S.401-A Passed Senate/Referred to Governmental Operations 2013-14: S.5657-B/A.7935-B Passed Senate/Referred to Governmental Oper- ations
Fiscal implications
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.