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Assembly Bill A10874

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Assembly Committee

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2009-A10874 (ACTIVE) - Details

See Senate Version of this Bill:
S3048
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 ยง8, Constn
Versions Introduced in Other Legislative Sessions:
2011-2012: A6133, S2381
2013-2014: A4758, S3462

2009-A10874 (ACTIVE) - Summary

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

2009-A10874 (ACTIVE) - Sponsor Memo

2009-A10874 (ACTIVE) - Bill Text download pdf 

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

                                  10874

                          I N  A S S E M B L Y

                             April 27, 2010
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred 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 Senate concur), That section 8 of  article
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,
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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