A04011 Summary:

BILL NO    A04011 

SAME AS    No same as 

SPONSOR    Wright (MS)

COSPNSR    Galef

MLTSPNSR   Dinowitz

Amd SS201, 202, 202-b & 202-bb, St Ad Proc Act

Provides for the dissemination by state agencies of rule making information
through electronic media such as computer bulletin boards, e-mail and other new
information technologies; requires state agencies where capable to notify
affected parties by electronic mail and make text of certain documents
available without cost through electronic methods.
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A04011 Memo:

BILL NUMBER:A4011

TITLE OF BILL:  An act to amend the state administrative procedure
act, in relation to the dissemination of rule making information
through electronic media

PURPOSE OR GENERAL IDEA OF BILL:  This bill sets forth a legislative
policy that state agencies should implement changes in the rule-making
process to make greater use of emerging technologies for the exchange
of information, such as providing notice and seeking comments through
the Internet and other on-line services. A new subdivision 2 is added
to S 201 of the State Administrative Procedure Act (SAPA) which
provides that agencies shall maximize their use of such technologies
as appropriate, and shall include information on such efforts in their
annual reports.

SAPA S 202(6-a) (b) and (c) are amended to allow agencies to send
rule-making information by electronic mail to persons requesting
notice in this format. SAPA SS 202-b and 202-bb are amended to allow
agencies to provide copies of regulatory flexibility analyses and
rural area flexibility analyses via electronic mail to small
businesses and affected parties in rural areas, respectively, and to
allow dissemination of such information to on-line bulletin boards
through the Internet or similar networks.

Also, the following provisions of SAPA are amended to include within
the "contact person" listings in state agency rule-making notices the
fax number and electronic mail address, if available, of the agency
contact for a particular rule-making: S 202(1) (d) (viii), S 202(4-a)
(c) (vii), S 202 (5) (c) (viii), and S 202 (6) (d) (x).

SUMMARY OF SPECIFIC PROVISIONS:  The amendments to SAPA S 202 (6-a)
(b) are replaced with new statutory language in (b) providing that
agencies with the technological capacity to do so shall make copies of
the text of rules and rule-making documents available to publicly
accessible on-line services. This renders the previous amendment to
subdivision (c) unnecessary.

This approach will enable persons utilizing these services to access
this information without the need to make any requests directly to the
agency, and, by reducing the need to respond to individual requests
for information, will reduce the agency's workload. This approach will
make information on regulatory policy more accessible while lowering
the cost of government. The effective date is amended to be October 1,
2000.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  Currently, there
is no provision in SAPA regarding the use of these information
technologies in the rule-making process.

JUSTIFICATION:  The growing use of computers in homes, schools and
offices and the emergence of new information and communications
technologies offers an opportunity to provide additional avenues for
the provision of information to the public concerning state agency
rule-making activities, and for providing public input back to the
agency on the merits of proposed rules. SAPA, which is geared towards
ensuring that the rule-making process remains open and accountable,


should not be technology-limiting, but instead should allow agencies
to make use of every technology with the potential for enhancing
public participation in the development of regulatory policies. This
bill does not mandate that an agency use any particular type of
information technology, but does encourage each agency to make maximum
use of the technological capabilities it does possess to implement
SAPA's goals.

PRIOR LEGISLATIVE HISTORY:  2013-2014: A2934 2011-2012; A.5300 2010:
A5300 2009: A5300 2008: A1053 2007: A1053 2005-2006: A.782 2003-2004:
A.1774 2001-2002: A.5857 passed assembly 1999-2000: A.1477 1997-1998:
A. 4595 1995-1996: A. 7754-B 6/1/95: Passed Assembly, died in Senate
Rules Committee.

FISCAL IMPLICATION: None.

EFFECTIVE DATE:  This act shall take effect immediately.
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A04011 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4011

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2015
                                      ___________

       Introduced  by  M. of A. WRIGHT, GALEF -- Multi-Sponsored by -- M. of A.
         DINOWITZ -- read once and referred to the  Committee  on  Governmental
         Operations

       AN  ACT  to amend the state administrative procedure act, in relation to
         the dissemination of rule making information through electronic media

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The legislature finds and declares that the accessibility
    2  to the public of information concerning  the  regulatory  activities  of
    3  state  agencies,  and the ability of the public to communicate its views
    4  to state agencies in order to ensure that such policies  are  reflective
    5  of the people's interests, concerns and knowledge are essential elements
    6  of  open  and democratic government.  Technological changes, such as the
    7  expansion of  on-line  services,  computer  bulletin  boards  and  other
    8  aspects  of the "information superhighway", offer the state new opportu-
    9  nities to provide additional means of  ensuring  the  accessibility  and
   10  accountability of agencies to the public. Therefore, it is the intent of
   11  the legislature that agencies maximize their use of such technologies as
   12  appropriate  to  provide  for  greater  participation in the rule making
   13  process.
   14    S 2. The opening paragraph of section 201 of the state  administrative
   15  procedure  act  is  designated  subdivision 1 and a new subdivision 2 is
   16  added to read as follows:
   17    2. AGENCIES SUBJECT TO THE PROVISIONS OF THIS CHAPTER  SHALL  MAXIMIZE
   18  THEIR  USE OF INFORMATION TECHNOLOGIES, INCLUDING BUT NOT LIMITED TO THE
   19  INTERNET AND OTHER ON-LINE SERVICES, COMPUTER BULLETIN BOARDS, ELECTRON-
   20  IC MAIL AND ADVANCED TELECOMMUNICATIONS TECHNOLOGIES, AS APPROPRIATE, TO
   21  PROVIDE FOR GREATER PARTICIPATION IN THE RULE MAKING PROCESS. EACH AGEN-
   22  CY SHALL INCLUDE A SUMMARY OF ITS EFFORTS IN THIS REGARD IN  ITS  ANNUAL
   23  REPORT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05279-01-5
       A. 4011                             2

    1    S  3.  Paragraph  (b)  of  subdivision 6-a of section 202 of the state
    2  administrative procedure act, as amended by chapter 171 of the  laws  of
    3  1994, is amended to read as follows:
    4    (b)  An agency shall make a copy of the complete text of any proposed,
    5  adopted or emergency rule, regulatory impact statement, regulatory flex-
    6  ibility analysis, rural area flexibility analysis, or revisions  thereof
    7  available  to the public at the time such documents are submitted to the
    8  secretary of state for publication in the state register [and shall send
    9  to any person a copy of such text upon written request].   THE  TEXT  OF
   10  ANY  PROPOSED,  ADOPTED  OR EMERGENCY RULE, REGULATORY IMPACT STATEMENT,
   11  REGULATORY FLEXIBILITY ANALYSIS, RURAL  AREA  FLEXIBILITY  ANALYSIS,  OR
   12  REVISIONS THEREOF SHALL BE MADE AVAILABLE BY AN AGENCY THROUGH ALL MEANS
   13  AVAILABLE TO THE AGENCY, INCLUDING THE USE OF FACSIMILE TRANSMISSIONS OR
   14  OTHER  ELECTRONIC METHODS, TO ANY MEMBER OF THE PUBLIC WHO REQUESTS SUCH
   15  TEXT. THERE SHALL BE NO CHARGE FOR PROVIDING A COPY OF SUCH TEXT TO  ANY
   16  MEMBER  OF  THE  PUBLIC,  EXCEPT  THAT, AT THE DISCRETION OF THE AGENCY,
   17  THERE MAY BE A CHARGE FOR FACSIMILE TRANSMISSION.
   18    S 4. Paragraph (c) of subdivision 6-a of  section  202  of  the  state
   19  administrative  procedure  act,  as  added by chapter 850 of the laws of
   20  1990, is amended to read as follows:
   21    (c) An agency shall notify every person who has  submitted  a  written
   22  request  to  be  notified  of  all  proposed,  revised, emergency and/or
   23  adopted rules which may affect  such  person.    [Such]  AN  AGENCY  MAY
   24  PROVIDE  THE  TEXT  OF  ALL  PROPOSED, REVISED, EMERGENCY AND/OR ADOPTED
   25  RULES TO PERSONS WHO REQUEST SUCH TEXT ORALLY.   WRITTEN requests  shall
   26  expire  annually  on  the thirty-first day of December with renewals for
   27  the succeeding year to be accepted on or after December first UNLESS THE
   28  AGENCY AUTOMATICALLY RENEWS SUCH REQUESTS.   [Notices] THE TEXT  OF  ANY
   29  PROPOSED,  ADOPTED OR EMERGENCY RULE, REGULATORY IMPACT STATEMENT, REGU-
   30  LATORY  FLEXIBILITY  ANALYSIS,  RURAL  AREA  FLEXIBILITY  ANALYSIS,   OR
   31  REVISIONS  THEREOF  issued  pursuant  to [such] WRITTEN OR ORAL requests
   32  shall be sent [in writing] BY MAIL BY THE AGENCY  to  the  last  address
   33  specified  by  the  person, WHENEVER SUCH PERSON HAS REQUESTED THAT SUCH
   34  TEXT BE MAILED.   An  agency  may  charge  any  person  requesting  such
   35  [notice]  TEXT a fee consisting of the cost of preparation, handling and
   36  postage.  THE TEXT MAY ALSO BE PROVIDED BY ANY OTHER MEANS AVAILABLE  TO
   37  THE  AGENCY, INCLUDING THE USE OF FACSIMILE TRANSMISSIONS OR OTHER ELEC-
   38  TRONIC METHODS, AND A REASONABLE FEE MAY  BE  CHARGED  THEREFOR  AT  THE
   39  DISCRETION OF THE AGENCY.
   40    S 5. Subdivision 6 of section 202-b of the state administrative proce-
   41  dure  act,  as amended by chapter 611 of the laws of 1996, is amended to
   42  read as follows:
   43    6. When any rule is proposed for which a regulatory flexibility analy-
   44  sis is required, the agency shall assure that small businesses and local
   45  governments have been given an opportunity to participate  in  the  rule
   46  making through such activities as:
   47    (a)  the  publication of a general notice for the proposed rule making
   48  in publications likely to be obtained  by  small  businesses  and  local
   49  governments of the types affected by the proposed rule;
   50    (b)  the  direct notification of interested small businesses and local
   51  governments affected by the proposed rule INCLUDING,  WHERE  THE  AGENCY
   52  HAS  THE  TECHNOLOGICAL  CAPABILITY TO DO SO, NOTIFICATION BY ELECTRONIC
   53  MAIL;
   54    (c) THE DISSEMINATION OF SUCH INFORMATION TO ON-LINE  BULLETIN  BOARDS
   55  OVER THE INTERNET OR SIMILAR DATA COMMUNICATIONS NETWORKS;
       A. 4011                             3

    1    (D)  the  conduct  of special open conferences concerning the proposed
    2  rule for small businesses and local governments affected  by  the  rule;
    3  and
    4    [(d)]  (E)  the adoption or modification of agency procedural rules to
    5  reduce the cost or complexity of participation in  the  rule  making  by
    6  small businesses and local governments.
    7    S  6.  Subdivision  7  of  section  202-bb of the state administrative
    8  procedure act, as added by chapter 171 of the laws of 1994,  is  amended
    9  to read as follows:
   10    7. When any rule is proposed for which a rural area flexibility analy-
   11  sis  is required, the agency shall assure that public and private inter-
   12  ests in rural areas have been given an opportunity to participate in the
   13  rule making through such activities as:
   14    (i) the publication of a general notice of the proposed rule making;
   15    (ii) notification of public  and  private  interests  in  rural  areas
   16  directly  affected  by the proposed rule INCLUDING, WHERE THE AGENCY HAS
   17  THE TECHNOLOGICAL CAPABILITY TO DO SO, NOTIFICATION BY ELECTRONIC MAIL;
   18    (iii) THE DISSEMINATION OF SUCH INFORMATION TO ON-LINE BULLETIN BOARDS
   19  OVER THE INTERNET OR SIMILAR DATA COMMUNICATIONS NETWORKS, INCLUDING BUT
   20  NOT LIMITED TO THE RURAL ASSISTANCE INFORMATION NETWORK OR ANY SUCCESSOR
   21  NETWORK;
   22    (IV) the conduct of special public hearings or meetings concerning the
   23  proposed rule for those public and private  interests  affected  by  the
   24  rule; and
   25    [(iv)]  (V)  the  adoption  or modification of agency procedural rules
   26  that will minimize the cost or complexity of participation in  the  rule
   27  making.
   28    S 7. This act shall take effect immediately.
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