senate Bill S194A

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
Jan 29, 2018 amended on third reading 194a
Jan 17, 2018 advanced to third reading
Jan 16, 2018 2nd report cal.
Jan 09, 2018 1st report cal.149
Jan 03, 2018 referred to investigations and government operations
Jan 04, 2017 referred to investigations and government operations

Votes

view votes

Jan 9, 2018 - Investigations and Government Operations committee Vote

S194
7
0
committee
7
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 9, 2018

aye wr (2)

Co-Sponsors

S194 - Details

Current Committee:
Senate Rules
Law Section:
Legislative Law
Laws Affected:
Amd §§87 & 88, Leg L; amd §202, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2013-2014: S5161
2015-2016: S1192

S194 - Summary

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

S194 - Sponsor Memo

S194 - Bill Text download pdf


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

                                   194

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced by Sens. MARCHIONE, DeFRANCISCO, MURPHY, 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:
  § 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

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

Co-Sponsors

S194A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Legislative Law
Laws Affected:
Amd §§87 & 88, Leg L; amd §202, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2013-2014: S5161
2015-2016: S1192

S194A (ACTIVE) - Summary

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

S194A (ACTIVE) - Sponsor Memo

S194A (ACTIVE) - Bill Text download pdf


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

                                 194--A
    Cal. No. 149

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced by Sens. MARCHIONE, DeFRANCISCO, MURPHY, SEWARD -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Investigations  and  Government  Operations  -- recommitted to the
  Committee on Investigations and Government  Operations  in  accordance
  with  Senate Rule 6, sec. 8 -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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:
  §  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

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