Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 02, 2018 |
referred to governmental operations delivered to assembly passed senate |
Mar 14, 2018 |
amended on third reading 5982a |
Jan 30, 2018 |
advanced to third reading |
Jan 29, 2018 |
2nd report cal. |
Jan 23, 2018 |
1st report cal.293 |
Jan 03, 2018 |
referred to investigations and government operations |
Jun 21, 2017 |
recommitted to rules |
May 16, 2017 |
ordered to third reading cal.980 committee discharged and committed to rules |
May 09, 2017 |
referred to investigations and government operations |
Senate Bill S5982A
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2017-S5982 - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Legislative Law
- Laws Affected:
- Amd §87, Leg L; amd §202, St Ad Proc Act; amd §102, Exec L
2017-S5982 - Sponsor Memo
BILL NUMBER: S5982 TITLE OF BILL : An act to amend the legislative law, the state administrative procedure act and the executive law, in relation to the filing of objections to agency rules by the administrative regulations review commission PURPOSE : To provide the administrative regulations review commission (ARRC) with a process by which a majority of ARRC members may notify agencies that they object to rules or portions of rules for being arbitrary, capricious, in violation of rule making procedures, irrational or otherwise unreasonable. SUMMARY OF PROVISIONS : Section 1 adds new subdivision 4 to section 87 of legislative law to provide ARRC with the ability to formally object to an administrative rule or a portion of a rule that has already been adopted, or that had proposed, but has not yet been adopted by an agency. There a typically six members of ARRC, three members in both the Senate and the Assembly.
2017-S5982 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5982 2017-2018 Regular Sessions I N S E N A T E May 9, 2017 ___________ Introduced by Sen. JACOBS -- 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, the state administrative procedure act and the executive law, in relation to the filing of objections to agency rules by the administrative regulations review commission 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 is amended by adding a new subdivision 4 to read as follows: 4. THE COMMISSION SHALL HAVE THE POWER TO OBJECT TO ALL, OR A PORTION OF ANY ADMINISTRATIVE RULE OR REGULATION THAT HAS BEEN ADOPTED OR THAT HAS BEEN PROPOSED BY AN AGENCY PURSUANT TO THE RULE MAKING PROCEDURES OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT. SHOULD IN THE PERFORMANCE OF ITS DUTIES, A MAJORITY OF MEMBERS OF THE COMMISSION FIND THAT AN ADMINISTRATIVE RULE OR A PORTION OF AN ADMINIS- TRATIVE RULE IS (I) ARBITRARY, CAPRICIOUS, AN ABUSE OF AGENCY DISCRETION, OR IS OTHERWISE NOT IN ACCORDANCE WITH LAW; OR (II) IS CONTRARY TO CONSTITUTIONAL, RIGHT POWER, PRIVILEGE OR IMMUNITY; OR (III) IS INCONSISTENT WITH, OR IN EXCESS OF STATUTORY JURISDICTION, AUTHORITY, OR LIMITATIONS, OR IS SHORT OF STATUTORY RIGHT; OR (IV) HAS BEEN ADOPTED OR HAS BEEN PROPOSED WITHOUT SUBSTANTIAL OBSERVANCE OF THE PROCEDURES REQUIRED BY LAW; OR (V) IS OTHERWISE IRRATIONAL OR UNREASONABLE UPON CONSIDERATION OF ANY OR ALL OF THE CRITERIA SPECIFIED IN THIS SUBDIVI- SION, THE COMMISSION MAY, IN WRITING, NOTIFY THE AGENCY OF THEIR OBJECTION AND REASON OR REASONS FOR THEIR OBJECTION. A WRITTEN LETTER OF OBJECTION MUST BE MAILED OR DELIVERED TO THE AGENCY RESPONSIBLE FOR THE ADOPTION OR PROPOSAL OF THE OBJECTED TO RULE. A VALID LETTER OF OBJECTION MUST BE SIGNED BY EACH MEMBER OF THE COMMISSION THAT HAS DECIDED TO OBJECT TO THE RULE IN ITS ENTIRETY, OR IN PART. THE COMMIS- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11519-01-7
2017-S5982A (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Legislative Law
- Laws Affected:
- Amd §87, Leg L; amd §202, St Ad Proc Act; amd §102, Exec L
2017-S5982A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5982A SPONSOR: JACOBS TITLE OF BILL: An act to amend the legislative law, the state admin- istrative procedure act and the executive law, in relation to the filing of objections to agency rules by the administrative regulations review commission PURPOSE: To provide ARRC with a process by which a majority of ARRC members may notify agencies that they object to rules or portions of rules for being arbitrary, capricious, in violation of rule making procedures, irration- al or otherwise unreasonable. SUMMARY OF PROVISIONS: Section 1: Adds new subdivision 4 to section 87 of legislative law to provide ARRC with the ability to formally object to an administrative rule or a portion of a rule that has been adopted, or that has been proposed, but not yet adopted by an agency. There are typically six
2017-S5982A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5982--A Cal. No. 293 2017-2018 Regular Sessions I N S E N A T E May 9, 2017 ___________ Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment 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, the state administrative procedure act and the executive law, in relation to the filing of objections to agency rules by the administrative regulations review commission 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 is amended by adding a new subdivision 4 to read as follows: 4. THE COMMISSION SHALL HAVE THE POWER TO OBJECT TO ALL, OR A PORTION OF ANY ADMINISTRATIVE RULE OR REGULATION THAT HAS BEEN ADOPTED OR THAT HAS BEEN PROPOSED BY AN AGENCY PURSUANT TO THE RULE MAKING PROCEDURES OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT. SHOULD IN THE PERFORMANCE OF ITS DUTIES, A MAJORITY OF MEMBERS OF THE COMMISSION FIND THAT AN ADMINISTRATIVE RULE OR A PORTION OF AN ADMINIS- TRATIVE RULE IS (I) ARBITRARY, CAPRICIOUS, AN ABUSE OF AGENCY DISCRETION, OR IS OTHERWISE NOT IN ACCORDANCE WITH LAW; OR (II) IS CONTRARY TO CONSTITUTIONAL RIGHT, POWER, PRIVILEGE OR IMMUNITY; OR (III) IS INCONSISTENT WITH, OR IN EXCESS OF STATUTORY JURISDICTION, AUTHORITY, OR LIMITATIONS, OR IS SHORT OF STATUTORY RIGHT; OR (IV) HAS BEEN ADOPTED OR HAS BEEN PROPOSED WITHOUT SUBSTANTIAL OBSERVANCE OF THE PROCEDURES REQUIRED BY LAW; THE COMMISSION MAY, IN WRITING, NOTIFY THE AGENCY OF THEIR OBJECTION AND REASON OR REASONS FOR THEIR OBJECTION. A WRITTEN LETTER OF OBJECTION MUST BE MAILED OR DELIVERED TO THE AGENCY RESPONSI- BLE FOR THE ADOPTION OR PROPOSAL OF THE OBJECTED TO RULE. A VALID LETTER OF OBJECTION MUST BE SIGNED BY EACH MEMBER OF THE COMMISSION THAT HAS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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