senate Bill S3462

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Feb / 2013
    • REFERRED TO JUDICIARY
  • 06 / Feb / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 04 / Mar / 2013
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 04 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1030
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION
  • 11 / Feb / 2014
    • OPINION REFERRED TO JUDICIARY

Summary

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent.

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Bill Details

See Assembly Version of this Bill:
A4758
Versions:
S3462
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 ยง8, Constn
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2381, A6133
2009-2010: S3048, A10874
2007-2008: S6982

Sponsor Memo

BILL NUMBER:S3462

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing an amendment to section 8 of article 4 of the constitution, in
relation to legislative review of rules and regulations

PURPOSE: To allow the legislature to invalidate regulations that are not
consistent with legislative intent or which are likely to have a
substantial unanticipated fiscal impact on the state or local govern-
ments.

SUMMARY OF PROVISIONS: This bill will amend the Constitution to allow
the legislature by majority vote of both houses to invalidate regu-
lations not consistent with the legislative intent or which are likely
to have a substantial unanticipated fiscal impact on the state or local
governments.

EXISTING LAW: There is no provision similar to this in the New York
Constitution.

JUSTIFICATION: The intent of the legislature in passing a particular
statute must be the paramount concern in drafting rules and regulations
implementing the statute. The will of the legislature should not be
altered or circumvented by state agencies drafting rules and regu-
lations. When rules and regulations exceed or stray from the legislative
intent, there may be unanticipated burdens placed on the constituents of
the legislators which voted for the legislation at issue. In addition,
in these tight financial times, it is also important that regulations do
not impose costs on the state or local governments which were not antic-
ipated by the legislature at the time of passage of the legislation
which the regulations are implementing.

This bill would allow the legislature to identify and eliminate regu-
lations that the legislature never intended which may impose needless
burdens and costs on consumers, businesses or government. Specifically,
this bill would amend the Constitution to authorize the legislature to
review any rule or regulation to determine if it is consistent with the
intent of the legislature or if it would have a substantial unantic-
ipated fiscal impact on the state or local governments. Upon making such
a finding through a concurrent resolution to the governor and the head
of the appropriate agency, the agency would be required to amend or
withdraw the regulation. In the event that the agency fails to take such
action within thirty days, the legislature may vote to invalidate such
regulation.

LEGISLATIVE HISTORY: S.2381 of 2011-12; S.3048 of 2009-10; S.6982 of
2008.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the Assembly concur). That the foregoing
amendment be referred to the first regular legislative session convening
after the next succeeding general election of members of the assembly,
and, in conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

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

                                  3462

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 8 of article 4 of the constitution, in
  relation to legislative review of rules and regulations

  Section 1. Resolved (if the Assembly concur), That section 8 of  arti-
cle 4 of the constitution be amended to read as follows:
  S  8.  No  rule  or  regulation  made  by any state department, board,
bureau, officer, authority or commission, except such as relates to  the
organization  or  internal  management  of  a  state  department, board,
bureau, authority or commission shall be effective until it is filed  in
the office of the department of state. The legislature shall provide for
the  speedy  publication  of  such  rules and regulations by appropriate
laws.  THE LEGISLATURE MAY REVIEW ANY RULE OR REGULATION TO DETERMINE IF
THE RULE OR REGULATION IS CONSISTENT WITH THE INTENT OF THE  LEGISLATURE
AS EXPRESSED IN THE LANGUAGE OF THE STATUTE WHICH THE RULE OR REGULATION
IS  INTENDED  TO IMPLEMENT AND/OR TO DETERMINE WHETHER THE RULE OR REGU-
LATION IS LIKELY TO HAVE A SUBSTANTIAL FISCAL IMPACT  ON  THE  STATE  OR
LOCAL  GOVERNMENTS  WHICH  WAS NOT ANTICIPATED BY THE LEGISLATURE AT THE
TIME OF THE PASSAGE OF THE LEGISLATION. UPON A FINDING THAT AN  EXISTING
OR PROPOSED RULE OR REGULATION IS NOT CONSISTENT WITH LEGISLATIVE INTENT
AND/OR  A  FINDING  OF  A SUBSTANTIAL UNANTICIPATED FISCAL IMPACT ON THE
STATE OR LOCAL GOVERNMENTS, THE LEGISLATURE SHALL TRANSMIT THIS  FINDING
IN  THE  FORM OF A CONCURRENT RESOLUTION TO THE GOVERNOR AND THE HEAD OF
THE STATE DEPARTMENT,  BOARD,  BUREAU,  AUTHORITY  OR  COMMISSION  WHICH
PROMULGATED,  OR  PLANS TO PROMULGATE, THE RULE OR REGULATION. THE STATE
DEPARTMENT, BOARD, BUREAU, AUTHORITY OR  COMMISSION  SHALL  HAVE  THIRTY
DAYS  TO  AMEND OR WITHDRAW THE EXISTING OR PROPOSED RULE OR REGULATION.
IF THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION DOES NOT
AMEND OR WITHDRAW THE EXISTING  OR  PROPOSED  RULE  OR  REGULATION,  THE
LEGISLATURE MAY INVALIDATE THAT RULE OR REGULATION, IN WHOLE OR IN PART,
OR  MAY  PROHIBIT THAT PROPOSED RULE OR REGULATION, IN WHOLE OR IN PART,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89107-01-3

S. 3462                             2

FROM TAKING EFFECT BY A VOTE OF A MAJORITY OF THE AUTHORIZED  MEMBERSHIP
OF  EACH HOUSE IN FAVOR OF A CONCURRENT RESOLUTION PROVIDING FOR INVALI-
DATION OR PROHIBITION, AS THE CASE MAY BE, OF THE RULE OR REGULATION.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.

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