senate Bill S2381

2011-2012 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
returned to senate
died in assembly
Jun 07, 2011 referred to judiciary
delivered to assembly
passed senate
Apr 27, 2011 opinion referred to judiciary
Mar 03, 2011 advanced to third reading
Mar 02, 2011 2nd report cal.
Mar 01, 2011 1st report cal.124
Jan 25, 2011 to attorney-general for opinion
Jan 19, 2011 referred to judiciary

Votes

view votes

Co-Sponsors

view additional co-sponsors

S2381 - Details

See Assembly Version of this Bill:
A6133
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 ยง8, Constn
Versions Introduced in 2009-2010 Legislative Session:
S3048, A10874

S2381 - Summary

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

S2381 - Sponsor Memo

S2381 - Bill Text download pdf

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

                                  2381

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  DeFRANCISCO,  GOLDEN,  JOHNSON,  LARKIN,
  LITTLE, O'MARA, RANZENHOFER, SALAND -- read twice and ordered printed,
  and when printed to be committed 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 Assembly concur), That section 8 of  arti-
cle 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.