Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2016 |
committed to rules |
May 23, 2016 |
advanced to third reading |
May 18, 2016 |
2nd report cal. |
May 17, 2016 |
1st report cal.881 |
Jan 06, 2016 |
referred to commerce, economic development and small business returned to senate died in assembly |
Jun 15, 2015 |
referred to governmental operations delivered to assembly passed senate |
Jun 01, 2015 |
advanced to third reading |
May 28, 2015 |
2nd report cal. |
May 27, 2015 |
1st report cal.919 |
Feb 26, 2015 |
referred to commerce, economic development and small business |
Senate Bill S4034
2015-2016 Legislative Session
Sponsored By
(R, C, G, IP, SC) 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
2015-S4034 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd ยง202, St Ad Proc Act
- Versions Introduced in 2013-2014 Legislative Session:
-
S6500
2015-S4034 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4034 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 regu- lations 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 Adminis- trative 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.
2015-S4034 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4034 2015-2016 Regular Sessions I N S E N A T E February 26, 2015 ___________ Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment 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 COMMISSION 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 CODES, 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. LBD08983-01-5
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