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Senate Bill S3169

2015-2016 Legislative Session

Requires notice of certain ex parte communications

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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2015-S3169 (ACTIVE) - Details

See Assembly Version of this Bill:
A4628
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §20-a, Pub Serv L; amd §307, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S1749, A5278
2011-2012: S1783, A4873
2013-2014: S467, A2132
2017-2018: S5597, A2621
2019-2020: S3885, A964

2015-S3169 (ACTIVE) - 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.

2015-S3169 (ACTIVE) - Sponsor Memo

2015-S3169 (ACTIVE) - Bill Text download pdf 

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

                                  3169

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

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
involving the validity or application of rates, facilities, or practices
of public utilities or carriers.]
  S 3.  This act shall take effect on the thirtieth day after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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