|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 11, 2014||opinion referred to judiciary|
|Jan 13, 2014||to attorney-general for opinion|
|Jan 08, 2014||referred to judiciary|
returned to senate
died in assembly
|Jun 10, 2013||referred to judiciary|
delivered to assembly
|Jun 04, 2013||ordered to third reading cal.1030|
committee discharged and committed to rules
|Mar 04, 2013||opinion referred to judiciary|
|Feb 06, 2013||to attorney-general for opinion|
|Feb 04, 2013||referred to judiciary|
senate Bill S3462
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3462 - Details
S3462 - Summary
Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent.
S3462 - Sponsor Memo
BILL NUMBER:S3462 TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos- ing 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 govern- ments. SUMMARY OF PROVISIONS: This bill will amend the Constitution to allow the legislature by majority vote of both houses to invalidate regu- lations 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. JUSTIFICATION: The intent of the legislature in passing a particular statute must be the paramount concern in drafting rules and regulations implementing the statute. The will of the legislature should not be altered or circumvented by state agencies drafting rules and regu- lations. When rules and regulations exceed or stray from the legislative intent, there may be unanticipated burdens placed on the constituents of
S3462 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3462 2013-2014 Regular Sessions I N S E N A T E February 4, 2013 ___________ Introduced by Sen. SEWARD -- 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, OR MAY PROHIBIT THAT PROPOSED 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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