|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
|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|
senate Bill S2381
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2381 - Details
S2381 - Sponsor Memo
BILL NUMBER:S2381 TITLE OF BILL: 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 PURPOSE: To allow the legislature to invalidate regulations that are not consistent with legislative intent or which are likely to have a substantial unanticipated fiscal impact on the state or local governments. SUMMARY OF PROVISIONS: This bill will amend the Constitution to allow the legislature by majority vote of both houses to invalidate regulations not consistent with the legislative intent or which are likely to have a substantial unanticipated fiscal impact on the state or local governments. EXISTING LAW: There is no provision similar to this in the New York Constitution.
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.
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