S01192 Summary:

BILL NOS01192
 
SAME ASSAME AS A03936
 
SPONSORMARCHIONE
 
COSPNSRDEFRANCISCO, FARLEY, MURPHY, SEWARD
 
MLTSPNSR
 
Amd SS87 & 88, Leg L; amd S202, St Ad Proc Act
 
Requires that documentation of statutory authority be accompanied to proposed rules prior to the public comment period.
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S01192 Actions:

BILL NOS01192
 
01/09/2015REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/01/2015COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/01/2015ORDERED TO THIRD READING CAL.1140
06/25/2015RECOMMITTED TO RULES
01/06/2016REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S01192 Committee Votes:

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S01192 Floor Votes:

There are no votes for this bill in this legislative session.
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S01192 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1192
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2015
                                       ___________
 
        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.
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