senate Bill S1192

2015-2016 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 Investigations And Government Operations 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
Jan 06, 2016 referred to investigations and government operations
Jun 25, 2015 recommitted to rules
Jun 01, 2015 ordered to third reading cal.1140
committee discharged and committed to rules
Jan 09, 2015 referred to investigations and government operations

Votes

view votes

Jun 1, 2015 - Rules committee Vote

S1192
16
6
committee
16
Aye
6
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S1192 - Details

See Assembly Version of this Bill:
A3936
Law Section:
Legislative Law
Laws Affected:
Amd §§87 & 88, Leg L; amd §202, St Ad Proc Act
Versions Introduced in 2013-2014 Legislative Session:
S5161, A7937

S1192 - Summary

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

S1192 - Sponsor Memo

S1192 - Bill Text download pdf

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

                                  1192

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sens. MARCHIONE, DeFRANCISCO, FARLEY, SEWARD -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government 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.
                                                           LBD02478-01-5

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