senate Bill S467

2013-2014 Legislative Session

Requires notice of certain ex parte communications

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to energy and telecommunications
Jan 09, 2013 referred to energy and telecommunications

S467 - Details

See Assembly Version of this Bill:
A2132
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add §20-a, Pub Serv L; amd §307, St Ad Proc Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1783, A4873
2009-2010: S1749, A5278

S467 - 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.

S467 - Sponsor Memo

S467 - Bill Text download pdf

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

                                   467

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02736-01-3

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.