Imágenes de páginas
PDF
EPUB

a

[ocr errors]

serve

paragraph (ii)

(ii), of paragraph (b) of subdivision 3 as amended and paragraph (c) of subdivision 3 as added by chapter 336 of the laws of 1989, are amended to read as follows:

2. Expiration of notice of proposed rule making; notice of expiration. (a) Except with respect to any notice of proposed rule making concerning

rule defined in subparagraph (ii) of paragraph (a) of subdivision two of section one hundred two of this chapter, à notice of proposed rule making shall expire and be ineffective for the purposes of this section, unless the proposed rule is adopted by the agency and filed with the secretary of state in the manner prescribed by law, within one hundred eighty days after (either] the latter of:

li) the publication in the state register of a notice of proposed rule making [concerning a] for the rule [for which statute does not require that a public hearing be held prior to adoption); or

(ii) the date of the last public hearing (scheduled) announced in a notice of proposed rule making concerning a rule] for (which such hearing is so required] the rule.

(b) When a notice so expires, the secretary of state shall publish a notice of expiration in the state register. Such notice shall contain such information as is determined, in the discretion of the secretary of state, [at his discretion, determines will] to

the public interest.

3. Continuation of notice of proposed rule making; notice of continuation. (a) A notice of proposed rule making shall not expire if, prior to the expiration date of the notice, a notice of continuation appears in the state register. A notice of continuation shall extend the expiration date of a notice of proposed rule making for an additional [ninety] one hundred eighty-five days. No notice of proposed rule making may be continued more than (twice] once. The [agency which has submitted a] notice of continuation may not [adopt the proposed rule] be submitted for publication in the state register until at least [thirty] one hundred twenty days after (such] the later of (i) the date the notice Çappears] of proposed rule making for the rule appeared in the state register, or (ii) the date on which the last public hearing announced in the notice of proposed rule making was held on the rule.

(b) A notice of continuation shall contain: (i) description of the subject,

subject, purpose and substance of the proposed rule; and

(ii) description of any changes in the proposed rule which the agency has made.

(c) A notice of revised rule making, prepared pursuant to subdivision four-a of this section, may also serve as a notice of continuation.

(d) If, within ninety days of the date on which a rule for which a notice of continuation has been previously submitted will expire, (i) an agency submits a notice of revised rule making for the rule,ʻor (ii) the office of business permits and regulatory assistance issues a

notification pursuant to subdivision five or seven of section two hundred two-c of this article for a rule for which a notice of revised rule making has been submitted, the rule making will be continued for an additional ninety days beyond the date on which it would have expired.

§ 2. This act shall take effect on the first day of October next succeeding the date on which it shall have become a law, and shall apply to all rules initially proposed on or after such date.

[ocr errors][ocr errors][ocr errors]

a

[ocr errors]

а

CHAPTER 621

AN ACT to amend the state administrative procedure act, in relation to

minor rules
Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Statement of purpose. The requirements of the state administrative procedure act relating to

regulatory impact

statements and

[merged small][ocr errors][ocr errors][merged small][ocr errors]

a

Enced : ; uch bet

are

more

[merged small][ocr errors][ocr errors][ocr errors]

or

[merged small][ocr errors]

or

an

or

flexibility analyses

analyses have had salutary effects on the process used by agencies to develop regulations and public participation in that process. Among the benefits of these requirements is greater public involvement in the shaping of regulations and an increased awareness by agencies of the desirability of using regulatory approaches designed to minimize burdensome and costly effects on affected persons,

businesses including in particular small businesses,

and the

state and local
economy. Since the enactment of these requirements, it has become ap-
parent that there are types of regulations where the extensive outreach
and development requirements of regulatory impact and flexibility
analyses do not produce a corresponding, public benefit and may, in these
times of fiscal stringency, result in the use of agency resources in
manner which is not cost-effective.

It is the purpose of this act to reduce the requirements of the regu-
latory impact statement and regulatory flexibility analysis statutes for
such minor rules so that agencies may concentrate their resources on
outreach and developmental activities for regulations which
significant in terms of their impact on the public, state and local gov-
ernments, small businesses and other regulated parties in regard to com-
pliance requirements, costs, alternatives, and where the agency author-
ity for the regulation requires detailed explanation and justification.

It is intended thereby that agency compliance with the requirements of
regulatory impact statements and flexibility analyses for important,
substantive rules will be significantly improved as will the management
and use of state resources.

§ 2. Section 102 of the state administrative procedure act is amended
by adding a new subdivision 12 to read as follows:

12. "Minor rule" means a rule as defined in subparagraph (i) of para-
graph (a) of subdivision two of this section which (a) merely adopt's
conforns a rule to provisions of federal or state statute, where agency
action is not required in order for such provisions to become enforce-
able and the rule relates solely to non-discretionary matters of the
agency; (b) simplifies administrative procedures

practices

of agency without in any way limiting or reducing the rights of or procedures or practices available to the public; (c) merely extends, defers or otherwise alters an effective date or period of effectiveness of an existing rule of the agency.

§ 3. Subdivision 1 of section 103 of the state administrative procedure act, as amended by chapter 668 of the laws of 1991, is amended to read as follows:

1. (a) Except with respect to the provisions of paragraph (c) of this subdivision, or of paragraph (b) of subdivision one and subdivision

six of section two hundred two of this chapter, the provisions of this chapter shall not be construed to limit or repeal additional requirements imposed by statute or otherwise.

(b) The provisions of section two hundred two of this chapter shall
not reljeve any agency from compliance with any statute requiring that
its rules be filed with or approved by designated persons or bodies
before such rules become effective.

(c) Notwithstanding the requirements of any statute, when adopting a
minor rule as defined in this chapter, an agency may in its discretion
dispense with any statutory requirement for public hearing or publica-
tion of a notice in any newspaper or publication other than the state
register, unless such requirement is explicitly directed at the rule
which is being adopted.

§ 4. Subdivision 1 of section 202 of the state administrative proce-
dure act is amended by adding a new paragraph (e) to read as follows:

(e) A notice of proposed rule making for a minor rule shall identify
the proposed rule as such and shall set forth the basis of the agency
for 'determining

that the rule satisfies the statutory definition of a
minor rule.

§ 5. Subdivision 4-a of section 202 of the state administrative proce-
dure act is amended by adding a new paragraph (c) to read as follows:

(c) An agency need not submit a notice of revised rule making for a
rule which has been proposed as a minor rule; provided, however, that if
any substantial revision to the rule would cause it to no longer satisfy
the statutory definition of a minor rule, the agency shall not submit
notice of revised rule making, but shall instead submit a notice of
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors]
[ocr errors]
[ocr errors][ocr errors]

a

an

[ocr errors]

proposed rule making pursuant to subdivision one of this section for the rule as revised.

§ 6. Subdivision 5 of section 202-a of the state administrative procedure act is amended by adding a new paragraph (d) to read as follows: (d) When

agency submits a notice of proposed rule making for a minor rule, it may dispense with the requirements of paragraphs (b), (c), (d), (e), (f) and (8) of subdivision three of this section.

§ 7. Subdivision 3 of section 202-b of the state administrative procedure act is amended by adding a new paragraph (c) to read as follows: (c) When

agency

submits a notice of proposed rule making for a minor rule, it may dispense with the requirements of subdivision two of this section.

§ 8. This act shall take effect on the first day of October next succeeding the date on which it shall have become a law and shall apply to all rules initially proposed for adoption on or after such date.

an

CHAPTER 622

AN ACT to amend the general business law, in relation to the posting of

certain notices by parking facility operators

Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

Y***

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 399-v of the general business law, as added by a chapter of the laws of 1992, amending the general business law relating to parking facility operators, as proposed in legislative bill number A. 5788-B, is amended to read as follows:

1. For purposes of this article, "parking facility" shall mean parking facilities having a parking capacity of five or more motor vehicles

not owned or operated by the state, a municipality or public authority.

§ 2. This act shall take effect on the same date as such chapter of the laws of 1992 takes effect.

CHAPTER 623

AN ACT to amend the not-for-profit corporation law and the religious corporations law, in relation to permitting mergers and consolidations among

religious corporations and type B not-for-profit corporations formed for religious purposes Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. The not-for-profit corporation law is amended by adding a new section 910 to read as follows: § 910. Merger or consolidation of corporations formed under the reli, gious corporations law and certain other

corporations formed for religious purposes.

[merged small][ocr errors][ocr errors][ocr errors][merged small][merged small]

or

con

[ocr errors][merged small]

or

(a) One or more corporations formed under the religious corporations law and one or more corporations formed for religious purposes to which the not-for-profit corporation law applies by virtue of paragraph (a) of section one hundred three of this chapter may be merged or consolidated pursuant to section nine hundred one, with the effect provided in section nine hundred one and paragraph (b) of section nine hundred five of this chapter.

(b). Each corporation which is a party to such merger or consolidation shall comply with the provisions of this section and of sections 902, 903, 904 and 907 of this chapter and, if and to the extent applicable, sections 906 and 909 of this chapter.

(c) If the surviving corporation or consolidated corporation is a domestic or authorized foreign corporation not formed under the religious corporations law, then, a certificate of merger or consolidation shall be filed with the department of state, and the surviving solidated corporation shall thereafter cause a copy of such certificate, certified by the department of state, to be filed in the office of the clerk of the county, in which each constituent corporation other than the surviving corporation is located, the county, in which the certificate of incorporation of each constituent domestic corporation or application for authority of each constituent authorized foreign corporation, other than the surviving corporation, is filed and the office of the official who is the recording officer of such county in this state in which real property of a constituent corporation other than the surviving corporation, is located.

(d) If the surviving corporation or consolidated corporation is a corporation formed under the religious corporations law, then, the certificate of merger or consolidation shall be filed with the office of the official in which the certificate of incorporation of the surviving or consolidated corporation was filed, and the surviving or consolidated corporation shall thereafter cause a copy of such certificate, certified by 'such office, to be filed in the office in which the certificate of incorporation of each constituent domestic corporation application for authority of each authorized foreign corporation other than the surviving corporat ion was filed, and in the office of the official who is the recording officer of each county in this state in which real property of a constituent corporation, other than the surviving or solidated corporation, is located.

(e) Such merger or consolidation shall become effective with respect to each constituent corporation upon the filing of certificate of merger or consolidation or certified copy thereof pursuant to paragraph (c) or paragraph (d) of this section with the appropriate state county official therein specified. With respect to the surviving corporation, such merger may become effective

such date subsequent thereto,' not to exceed thirty days, shall be set forth in such certificate. The filing of a certified copy with the office of a recording officer of a county in which real property is located shall not be a condition precedent to such merger or consolidation becoming effective.

§ 2. Paragraph (c) of subdivision 1 of section 2-b of the religious corporations law, as amended by chapter 168 of the laws of 1982, is amended to read as follows:

(C) The following provisions of the not-for-profit corporation law shall not apply to religious corporations: subparagraphs (7) and (8) of paragraph (a) of section one hundred twelve, section one hundred thirteen, section one hundred fourteen, section two hundred one, section three hundred three, section three hundred four, section three hundred five, section three hundred six, article four except section four hun

section five hundred fourteen, that portion of section five hundred twenty-two (b) which reads "The attorney general shall be notified, of the application and shall be given an opportunity to be heard" section six hundred five, section six hundred seven, section six hundred nine, section eight hundred four, article nine except section nine hundred'ten, article ten except as provided in section eleven hundred fifteen, section eleven hundred two, and article fifteen except paragraph (c) of section fifteen hundred seven. § 3. This act shall take effect immediately.

[ocr errors]

con

ess

a

[ocr errors]

or

[ocr errors]

on

[ocr errors]

as

[ocr errors]

dred one,

[ocr errors][ocr errors][merged small]
[ocr errors]

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[merged small][ocr errors][ocr errors]

AN ACT to amend the religious corporations law, in relation to making

certain technical changes to provisions relating to the Coptic Orthodox Churches

are

Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivisions 1, 2 and 3 of section 451 of the religious corporations law, as added by chapter 912 of the laws of 1990, amended to read as follows:

1. "Coptic Orthodox Church" refers to the Apostolic Church presided over by His Holiness, the Pope of Alexandria (Egypt) and the Patriarch of the [Sea] See of St. Mark,, the legislative body of which is known as the Holy Synod. The Coptic Orthodox Church is a hierarchical church.

2. "Holy Synod" is the highest legislative and executive authority in the Coptic Orthodox Church, presided over by His Holiness, the Pope of Alexandria and the Patriarch of the [Sea] See of St. Mark and is more formally known as "The Holy Synod for the Coptic Orthodox Church of Alexandria and the [Sea] See of St. Mark.

3. "The Synodical Committee for the Coptic Churches in Immigration" is, according to the constitution and bylaws of the Holy Synod, formed and presided over by His Holiness, the Pope of Alexandria and the Patriarch of the [Sea] See of St. Mark from among the members of the Holy Synod, to assist him in marshalling the affairs of the churches abroad.

Ź. This act shall take effect immediately and shall be deemed to ave been in full force and effect on and after August 29, 1990.

CHAPTER 625

[ocr errors]

AN ACT to amend the insurance law, in relation to the superintendent's

discretion in waiving the annual expense limits associated with debit life insurance

Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph 1 of subsection (i) of section 4229 of the insurance law is amended to read as follows: (1) If

any such company shall in any calendar year make or incur, as herein provided, total expenses in excess of the total the superintendent may, upon written application of such company [and if

expense

limit, he is satisfied that such company has taken steps which will enable it to comply with this section during the next succeeding calendar year], suspend such limit for such company for the calendar year in which

such excess was incurred, but no such order or suspension shall be given for any one company for more than two calendar years in succession],

except that if company discontinues writing new debit life insurance, the total expense limit shall not apply for any calendar year to such pany

if the company does not resume the writing of new debit life insurance and the superintendent deems the total expenses charged are not unreasonable and have been properly allocated. ၌

2. Paragraph 1 of subsection (1) of section 4229 of the insurance law, as amended by section one of this act,

is amended

read follows: (1) If

any such company shall in any calendar year make or incur, as herein provided, total expenses in excess of the total

limit, the superintendent may, upon written application of such company and it he is satisfied that such company has taken steps which will enable it to comply with this section during the next succeeding calendar year,

a

com

to

as

« AnteriorContinuar »