STATE OF NEW YORK
________________________________________________________________________
1192
2015-2016 Regular Sessions
IN SENATE
January 9, 2015
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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:
1 Section 1. Section 87 of the legislative law, as added by chapter 689
2 of the laws of 1978, is amended to read as follows:
3 § 87. Powers and duties. 1. The commission shall exercise continuous
4 oversight of the process of rule making and examine rules, as defined in
5 subdivision two of section one hundred two of the state administrative
6 procedure act, adopted or proposed by each agency with respect to (i)
7 statutory authority, (ii) compliance with legislative intent, (iii)
8 impact on the economy and on the government operations of the state and
9 its local governments, and (iv) impact on affected parties; and, in
10 furtherance of such duties, may examine other issues it deems appropri-
11 ate. For purpose of this article, the term agency shall mean any depart-
12 ment, board, bureau, commission, division, office, council, committee or
13 officer of the state or a public benefit corporation or public authority
14 at least one of whose members is appointed by the governor.
15 2. The commission may employ such staff and retain such consultants
16 and expert services as may be necessary and fix their compensation and
17 expenses within the amounts appropriated therefor. Employment by the
18 commission shall be deemed to be employment by the legislature for all
19 purposes.
20 3. Proposed rules and accompanying documentation establishing the
21 statutory authority for agency promulgation, shall be provided to the
22 commission at the beginning of the public comment period required by
23 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
S. 1192 2
1 procedure act. The commission or members of the commission may review
2 such information and determine whether such rules are consistent with
3 constitutional and statutory authority. Any determinations made by the
4 commission or a chairperson of the commission shall be made available on
5 the commission's website and provided to the respective state agency.
6 4. The commission shall have the power, subject to the provisions of
7 section seventy-three of the civil rights law, to hold hearings, subpoe-
8 na witnesses, administer oaths, take testimony and compel the production
9 of books, papers, documents and other evidence in furtherance of its
10 duties; provided, however, that no subpoena shall issue except upon the
11 affirmative vote of a majority of the whole membership of the commis-
12 sion. The commission may request and shall receive from all agencies
13 such assistance and data as will enable it properly to consummate any
14 such examination, and review.
15 5. The commission shall have standing to pursue an action pursuant to
16 article seventy-eight of the civil practice law and rules against an
17 executive agency if the commission determines that a rule exceeds
18 authority provided under state law or the state constitution. Actions
19 shall be commenced in this way upon affirmative vote of a majority of
20 the whole membership of the commission. In the event that the speaker of
21 the assembly and the temporary president of the senate are members of
22 the same political party, the commencement of an action would require an
23 affirmative vote of more than two-thirds of the whole membership of the
24 commission.
25 § 2. Section 88 of the legislative law, as amended by chapter 850 of
26 the laws of 1990, is amended to read as follows:
27 § 88. Reports. 1. The commission shall, from time to time, report its
28 findings and recommendations to the governor, the temporary president of
29 the senate and the speaker of the assembly, and to the members of the
30 legislature, and may at any time make recommendations to an agency based
31 upon its review of that agency's rule making process, or any of the
32 agency's proposed, revised or adopted rules.
33 2. The commission may publish its findings and recommendations with
34 regard to a regulation or rule on its website, or any other form it
35 deems appropriate.
36 § 3. The opening paragraph of paragraph (a) of subdivision 1 of
37 section 202 of the state administrative procedure act, as amended by
38 chapter 429 of the laws of 2003, is amended to read as follows:
39 Prior to the adoption of a rule, an agency shall submit a notice of
40 proposed rule making to the secretary of state for publication in the
41 state register, shall provide the proposed rules and accompanying
42 documentation establishing the statutory authority for promulgation to
43 the administrative regulations review commission, and shall afford the
44 public an opportunity to submit comments on the proposed rule. Unless a
45 different time is specified by statute or this paragraph, the notice of
46 proposed rule making must appear in the state register at least forty-
47 five days prior to either:
48 § 4. This act shall take effect immediately.
