senate Bill S5161

2013-2014 Legislative Session

Requires that documentation of statutory authority accompany proposed rules prior to the public comment period

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
returned to senate
died in assembly
Jun 10, 2013 referred to governmental operations
delivered to assembly
passed senate
Jun 04, 2013 ordered to third reading cal.1032
committee discharged and committed to rules
May 13, 2013 referred to investigations and government operations

Co-Sponsors

S5161 - Details

See Assembly Version of this Bill:
A7937
Current Committee:
Law Section:
Legislative Law
Laws Affected:
Amd §§87 & 88, Leg L; amd §202, St Ad Proc Act

S5161 - Summary

Requires that documentation of statutory authority be accompanied to proposed rules prior to the public comment period.

S5161 - Sponsor Memo

S5161 - Bill Text download pdf

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

                                  5161

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN  ACT to amend the legislative law and the state administrative proce-
  dure act, in relation to requiring documentation establishing statuto-
  ry authority prior to the adoption of a rule

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

  Section  1. Section 87 of the legislative law, as added by chapter 689
of the laws of 1978, is amended to read as follows:
  S 87. Powers and duties. 1. The commission shall  exercise  continuous
oversight of the process of rule making and examine rules, as defined in
subdivision  two  of section one hundred two of the state administrative
procedure act, adopted or proposed by each agency with  respect  to  (i)
statutory  authority,  (ii)  compliance  with  legislative intent, (iii)
impact on the economy and on the government operations of the state  and
its  local  governments,  and  (iv)  impact on affected parties; and, in
furtherance of such duties, may examine other issues it deems  appropri-
ate. For purpose of this article, the term agency shall mean any depart-
ment, board, bureau, commission, division, office, council, committee or
officer of the state or a public benefit corporation or public authority
at least one of whose members is appointed by the governor.
  2.  The  commission  may employ such staff and retain such consultants
and expert services as may be necessary and fix their  compensation  and
expenses  within  the  amounts  appropriated therefor. Employment by the
commission shall be deemed to be employment by the legislature  for  all
purposes.
  3.  PROPOSED  RULES  AND  ACCOMPANYING  DOCUMENTATION ESTABLISHING THE
STATUTORY AUTHORITY FOR AGENCY PROMULGATION, SHALL BE  PROVIDED  TO  THE
COMMISSION  AT  THE  BEGINNING  OF THE PUBLIC COMMENT PERIOD REQUIRED BY
SUBDIVISION ONE OF SECTION TWO HUNDRED TWO OF THE  STATE  ADMINISTRATIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10781-02-3

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