senate Bill S5982A

2017-2018 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 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
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

Votes

view votes

Jan 23, 2018 - Investigations and Government Operations committee Vote

S5982
5
3
committee
5
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 23, 2018

aye wr (1)

May 16, 2017 - Rules committee Vote

S5982
15
9
committee
15
Aye
9
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S5982 - Details

Law Section:
Legislative Law
Laws Affected:
Amd §87, Leg L; amd §202, St Ad Proc Act; amd §102, Exec L

S5982 - Summary

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

S5982 - Sponsor Memo

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

S5982A (ACTIVE) - Details

Law Section:
Legislative Law
Laws Affected:
Amd §87, Leg L; amd §202, St Ad Proc Act; amd §102, Exec L

S5982A (ACTIVE) - Summary

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

S5982A (ACTIVE) - Sponsor Memo

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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