senate Bill S6500

2013-2014 Legislative Session

Relates to the filing of objections to agency rules by the administrative regulations review commission

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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.115
Jan 30, 2014 referred to commerce, economic development and small business

Votes

view votes

Feb 4, 2014 - Commerce, Economic Development and Small Business committee Vote

S6500
7
2
committee
7
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Feb 4, 2014

aye wr (1)

Co-Sponsors

S6500 - Details

See Assembly Version of this Bill:
A8970
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยง202, St Ad Proc Act

S6500 - Summary

Relates to the filing of objections to agency rules by the administrative regulations review commission.

S6500 - Sponsor Memo

S6500 - Bill Text download pdf

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

                                  6500

                            I N  S E N A T E

                            January 30, 2014
                               ___________

Introduced  by Sens. MARCHIONE, VALESKY -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Commerce,
  Economic Development and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  the filing of objections to agency rules by the  administrative  regu-
  lations review commission

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

  Section 1. Section 202 of the state administrative  procedure  act  is
amended by adding a new subdivision 10 to read as follows:
  10.  OBJECTION.  IF  THE  ADMINISTRATIVE REGULATIONS REVIEW COMMISSION
FINDS OBJECTION TO ALL OR A  PORTION  OF  A  PROPOSED  OR  ADOPTED  RULE
BECAUSE  THAT  RULE IS DEEMED TO BE UNREASONABLE, ARBITRARY, CAPRICIOUS,
OR OTHERWISE BEYOND THE AUTHORITY DELEGATED TO THE AGENCY,  THE  COMMIS-
SION MAY, IN WRITING, NOTIFY THE AGENCY OF THE OBJECTION. THE COMMISSION
SHALL  ALSO  FILE A CERTIFIED COPY OF SUCH AN OBJECTION WITH THE DEPART-
MENT OF STATE, DIVISION OF ADMINISTRATIVE RULES  AND  A  NOTICE  TO  THE
EFFECT  THAT  AN OBJECTION HAS BEEN FILED SHALL BE PUBLISHED IN THE NEXT
ISSUE OF THE NEW YORK STATE REGISTER AND IN THE  NEW  YORK  STATE  CODE,
RULES  AND  REGULATIONS  WHEN  THE  RULE IS PRINTED IN IT. THE BURDEN OF
PROOF SHALL THEN BE ON THE AGENCY IN ANY PROCEEDING FOR JUDICIAL  REVIEW
OR  FOR ENFORCEMENT OF THE RULE HEARD SUBSEQUENT TO THE FILING TO ESTAB-
LISH THAT THE RULE OR PORTION OF THE RULE TIMELY OBJECTED  TO  ACCORDING
TO  THE  ABOVE  PROCEDURE IS NOT UNREASONABLE, ARBITRARY, CAPRICIOUS, OR
OTHERWISE BEYOND THE AUTHORITY DELEGATED TO IT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10051-03-4

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