Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to investigations and government operations |
Jun 25, 2015 |
recommitted to rules |
Jun 01, 2015 |
ordered to third reading cal.1140 committee discharged and committed to rules |
Jan 09, 2015 |
referred to investigations and government operations |
Senate Bill S1192
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, G, IP, SC) Senate District
(R, C, IP, RFM) Senate District
2015-S1192 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3936
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Legislative Law
- Laws Affected:
- Amd §§87 & 88, Leg L; amd §202, St Ad Proc Act
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S5161, A7937
2017-2018: S194
2015-S1192 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1192 TITLE OF BILL: An act to amend the legislative law and the state administrative procedure act, in relation to requiring documentation establishing statutory authority prior to the adoption of a rule PURPOSE: This bill seeks to amend sections 87 and 88 of the Legislative Law and section 202 of the State Administrative Procedure Act to ensure that the Administrative Regulations Review Commission (ARRC) has had an opportunity to review proposed state agency rules and regulations, prior to the public comment period, to ensure that such proposed rules and regulations are consistent with constitutional and statutory authority SUMMARY OF PROVISIONS: Section 1 of the bill seeks to amend section 87 of the Legislative Law to add a new sub-section 3 which would require that proposed rules, along with documentation establishing the statutory authority, be provided to ARRC at the beginning of the public comments period so that ARRC may review same to ascertain that such rules are consistent with constitutional and statutory authority. This section would also add a new sub-section 5 which would give ARRC standing to challenge any agency rule that ARRC determines exceeds the agency's authority through a proceeding brought under Article 78 of the Civil Practice Law & Rules
2015-S1192 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1192 2015-2016 Regular Sessions I N S E N A T E January 9, 2015 ___________ Introduced by Sens. MARCHIONE, DeFRANCISCO, FARLEY, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the legislative law and the state administrative proce- dure act, in relation to requiring documentation establishing statuto- ry authority prior to the adoption of a rule THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 87 of the legislative law, as added by chapter 689 of the laws of 1978, is amended to read as follows: S 87. Powers and duties. 1. The commission shall exercise continuous oversight of the process of rule making and examine rules, as defined in subdivision two of section one hundred two of the state administrative procedure act, adopted or proposed by each agency with respect to (i) statutory authority, (ii) compliance with legislative intent, (iii) impact on the economy and on the government operations of the state and its local governments, and (iv) impact on affected parties; and, in furtherance of such duties, may examine other issues it deems appropri- ate. For purpose of this article, the term agency shall mean any depart- ment, board, bureau, commission, division, office, council, committee or officer of the state or a public benefit corporation or public authority at least one of whose members is appointed by the governor. 2. The commission may employ such staff and retain such consultants and expert services as may be necessary and fix their compensation and expenses within the amounts appropriated therefor. Employment by the commission shall be deemed to be employment by the legislature for all purposes. 3. PROPOSED RULES AND ACCOMPANYING DOCUMENTATION ESTABLISHING THE STATUTORY AUTHORITY FOR AGENCY PROMULGATION, SHALL BE PROVIDED TO THE COMMISSION AT THE BEGINNING OF THE PUBLIC COMMENT PERIOD REQUIRED BY SUBDIVISION ONE OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02478-01-5
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