Senate Bill S1749

2009-2010 Legislative Session

Requires notice of certain ex parte communications

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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

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2009-S1749 (ACTIVE) - Details

See Assembly Version of this Bill:
A5278
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §20-a, Pub Serv L; amd §307, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2011-2012: S1783, A4873
2013-2014: S467, A2132
2015-2016: S3169, A4628
2017-2018: S5597, A2621
2019-2020: S3885, A964

2009-S1749 (ACTIVE) - Summary

Requires notice of any ex parte communications or visits before the public service commission by a party to a hearing or investigation be given in writing to any affected party and to give such affected parties an opportunity to respond.

2009-S1749 (ACTIVE) - Sponsor Memo

2009-S1749 (ACTIVE) - Bill Text download pdf 

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

                                  1749

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by Sens. STAVISKY, ADAMS, DIAZ, DUANE, HUNTLEY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Energy and Telecommunications

AN ACT to amend the public service  law  and  the  state  administrative
  procedure act, in relation to ex parte communications

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  section
20-a to read as follows:
  S  20-A.  EX  PARTE COMMUNICATIONS. WITH REGARD TO ALL HEARINGS BEFORE
THE COMMISSIONER OR AN  OFFICER  OR  EMPLOYEE  SPECIALLY  AUTHORIZED  TO
CONDUCT  AN  INVESTIGATION OR HEARING, ALL PARTIES SHALL RECEIVE WRITTEN
NOTICE OF ALL EX PARTE COMMUNICATIONS  AND  VISITS  AND  SHALL  HAVE  AN
OPPORTUNITY TO RESPOND.
  S  2.  Subdivision 2 of section 307 of the state administrative proce-
dure act is amended to read as follows:
  2. Unless required for the disposition of ex parte matters  authorized
by  law, members or employees of an agency assigned to render a decision
or to make findings of fact and conclusions of law  in  an  adjudicatory
proceeding  shall not communicate, directly or indirectly, in connection
with any issue of fact, with any person or  party,  nor,  in  connection
with any issue of law, with any party or his representative, except upon
notice  and opportunity for all parties to participate.  Any such agency
member (a) may communicate with other members of the agency, and (b) may
have the aid and advice of agency staff other than staff which has  been
or   is  engaged  in  the  investigative  or  prosecuting  functions  in
connection with the case under consideration or factually related case.
  [This subdivision does not apply (a) in determining  applications  for
initial licenses for public utilities or carriers; or (b) to proceedings
involving the validity or application of rates, facilities, or practices
of public utilities or carriers.]
  S  3.   This act shall take effect on the thirtieth day after it shall
have become a law.

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

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