|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
|Jun 04, 2013||ordered to third reading cal.1032|
committee discharged and committed to rules
|May 13, 2013||referred to investigations and government operations|
senate Bill S5161
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5161 - Details
- See Assembly Version of this Bill:
- 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
BILL NUMBER:S5161 TITLE OF BILL: An act to amend the legislative law and the state administrative procedure act, in relation to requiring documentation establishing statutory authority prior to the adoption of a rule PURPOSE: This bill seeks to amend sections 87 and 88 of the Legislative Law and section 202 of the State Administrative Procedure Act to ensure that the Administrative Regulations Review Commission (ARRC) has had an opportunity to review proposed state agency rules and regulations, prior to the public comment period, to ensure that such proposed rules and regulations are consistent with constitutional and statutory authority SUMMARY OF PROVISIONS: Section 1 of the bill seeks to amend section 87 of the Legislative Law to add a new sub-section 3 which would require that proposed rules, along with documentation establishing the statutory authority, be provided to ARRC at the beginning of the public comments period so that ARRC may review same to ascertain that such rules are consistent with constitutional and statutory authority. This section would also add a new sub-section 5 which would give ARRC standing to challenge any agency rule that ARRC determines exceeds the agency's authority through a proceeding brought under Article 78 of the Civil Practice Law & Rules.
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
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.