Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
committed to rules |
Feb 11, 2014 |
advanced to third reading |
Feb 10, 2014 |
2nd report cal. |
Feb 04, 2014 |
1st report cal.115 |
Jan 30, 2014 |
referred to commerce, economic development and small business |
Senate Bill S6500
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) 22nd Senate District
(D, IP) Senate District
2013-S6500 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8970
- Current Committee:
- Senate Rules
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd §202, St Ad Proc Act
- Versions Introduced in 2015-2016 Legislative Session:
-
S4034
2013-S6500 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6500 TITLE OF BILL: An act to amend the state administrative procedure act, in relation to the filing of objections to agency rules by the administrative regulations review commission PURPOSE: To provide ARRC with a proceeding to object to an agency rule-making that may be unreasonable, arbitrary, capricious, or otherwise beyond the authority delegated to the agency. SUMMARY OF PROVISIONS: Section 1 adds a new subdivision 10 to section 202 of the State Administrative Procedure Act to allow for ARRC to object to all or a portion of a proposed rule or adopted rule. Section 2 establishes that the act shall take effect immediately. EXISTING LAW: SAPA has no provisions to allow for formal objections to agency rule makings. JUSTIFICATION: Occasionally agencies promulgate rule- makings that may be perceived as unreasonable, arbitrary, capricious or otherwise beyond the authority delegated to the agency. Currently, there is no means for a formal objection by ARRC. This bill allows ARRC to file an objection with the agency. The burden of proof is then placed upon the
2013-S6500 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6500 I N S E N A T E January 30, 2014 ___________ Introduced by Sens. MARCHIONE, VALESKY -- read twice and ordered print- ed, 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 filing of objections to agency rules by the administrative regu- lations review commission THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 202 of the state administrative procedure act is amended by adding a new subdivision 10 to read as follows: 10. OBJECTION. IF THE ADMINISTRATIVE REGULATIONS REVIEW COMMISSION FINDS OBJECTION TO ALL OR A PORTION OF A PROPOSED OR ADOPTED RULE BECAUSE THAT RULE IS DEEMED TO BE UNREASONABLE, ARBITRARY, CAPRICIOUS, OR OTHERWISE BEYOND THE AUTHORITY DELEGATED TO THE AGENCY, THE COMMIS- SION MAY, IN WRITING, NOTIFY THE AGENCY OF THE OBJECTION. THE COMMISSION SHALL ALSO FILE A CERTIFIED COPY OF SUCH AN OBJECTION WITH THE DEPART- MENT OF STATE, DIVISION OF ADMINISTRATIVE RULES AND A NOTICE TO THE EFFECT THAT AN OBJECTION HAS BEEN FILED SHALL BE PUBLISHED IN THE NEXT ISSUE OF THE NEW YORK STATE REGISTER AND IN THE NEW YORK STATE CODE, RULES AND REGULATIONS WHEN THE RULE IS PRINTED IN IT. THE BURDEN OF PROOF SHALL THEN BE ON THE AGENCY IN ANY PROCEEDING FOR JUDICIAL REVIEW OR FOR ENFORCEMENT OF THE RULE HEARD SUBSEQUENT TO THE FILING TO ESTAB- LISH THAT THE RULE OR PORTION OF THE RULE TIMELY OBJECTED TO ACCORDING TO THE ABOVE PROCEDURE IS NOT UNREASONABLE, ARBITRARY, CAPRICIOUS, OR OTHERWISE BEYOND THE AUTHORITY DELEGATED TO IT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10051-03-4
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