Requires state agencies to submit proposed rules and regulations intended to implement legislation to the appropriate committee of the legislature for approval; provides that no such rule or regulation shall take effect unless it has been approved by a majority vote of such legislative committee.
BILL NUMBER:A10905
TITLE OF BILL: An act to amend the state administrative procedure act,
in relation to legislative approval of certain proposed rules
PURPOSE OR GENERAL IDEA OF BILL: This legislation is designed to
provide the Legislature with foreknowledge of rules or regulations
adopted by state agencies, departments, and authorities which implement
legislative action. In too many cases, regulations thwart the legisla-
tive intent either going beyond or falling short of legislative goals.
This legislation would require approval of all rules and regulations
prior to their implementation.
SUMMARY OF SPECIFIC PROVISIONS: The state administrative procedure act
is amended by adding a new Section 202-(f). This legislation would
require that prior to the effective date of any rule or regulation
promulgated by any state agency, department, or authority, such rules or
regulations must be approved by the standing committee of both the New
York State Senate and Assembly having jurisdiction over the subject
matter.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Presently, state
administrative agencies are not required to submit proposed rules and
regulations for legislative approval.
PRIOR LEGISLATIVE HISTORY:
S T A T E O F N E W Y O R K
________________________________________________________________________
10905
I N A S S E M B L Y
April 29, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. KOLB,
OAKS, RAIA -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the state administrative procedure act, in relation to
legislative approval of certain proposed rules
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state administrative procedure act is amended by adding
a new section 202-f to read as follows:
S 202-F. LEGISLATIVE APPROVAL. IN ADDITION TO THE PROCEDURE REQUIRED
PURSUANT TO SECTION TWO HUNDRED TWO OF THIS ARTICLE AND PRIOR TO THE
HOLDING OF A PUBLIC HEARING, AN AGENCY SHALL SUBMIT ANY PROPOSED RULE,
INTENDED TO IMPLEMENT LEGISLATION, TO THE APPROPRIATE COMMITTEES OF THE
SENATE AND ASSEMBLY HAVING JURISDICTION OF THE SUBJECT MATTER FOR THEIR
APPROVAL. NO SUCH RULE SHALL TAKE EFFECT UNLESS IT HAS BEEN APPROVED BY
A MAJORITY VOTE OF EACH COMMITTEE TO WHICH IT HAS BEEN REFERRED.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15870-01-0
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