Bill Text: NY S00194 | 2017-2018 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S00194 Detail]

Download: New_York-2017-S00194-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         194--A
            Cal. No. 149
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (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:
     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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04400-02-8
        S. 194--A                           2
     1  commission  shall  be deemed to be employment by the legislature for all
     2  purposes.
     3    3.  Proposed  rules  and  accompanying  documentation establishing the
     4  statutory authority for agency promulgation, shall be  provided  to  the
     5  commission  at  the  beginning  of the public comment period required by
     6  subdivision one of section two hundred two of the  state  administrative
     7  procedure  act.  The  commission or members of the commission may review
     8  such information and determine whether such rules  are  consistent  with
     9  constitutional  and  statutory authority. Any determinations made by the
    10  commission or a chairperson of the commission shall be made available on
    11  the commission's website and provided to the respective state agency.
    12    4. The commission shall have the power, subject to the  provisions  of
    13  section seventy-three of the civil rights law, to hold hearings, subpoe-
    14  na witnesses, administer oaths, take testimony and compel the production
    15  of  books,  papers,  documents  and other evidence in furtherance of its
    16  duties; provided, however, that no subpoena shall issue except upon  the
    17  affirmative  vote  of  a majority of the whole membership of the commis-
    18  sion. The commission may request and shall  receive  from  all  agencies
    19  such  assistance  and  data as will enable it properly to consummate any
    20  such examination, and review.
    21    5. The commission shall have standing to pursue an action pursuant  to
    22  article  seventy-eight  of  the  civil practice law and rules against an
    23  executive agency if  the  commission  determines  that  a  rule  exceeds
    24  authority  provided  under state law or the state constitution.  Actions
    25  shall be commenced in this way upon affirmative vote of  a  majority  of
    26  the whole membership of the commission. In the event that the speaker of
    27  the  assembly  and  the temporary president of the senate are members of
    28  the same political party, the commencement of an action would require an
    29  affirmative vote of more than two-thirds of the whole membership of  the
    30  commission.
    31    §  2.  Section 88 of the legislative law, as amended by chapter 850 of
    32  the laws of 1990, is amended to read as follows:
    33    § 88. Reports. 1. The commission shall, from time to time, report  its
    34  findings and recommendations to the governor, the temporary president of
    35  the  senate  and  the speaker of the assembly, and to the members of the
    36  legislature, and may at any time make recommendations to an agency based
    37  upon its review of that agency's rule making  process,  or  any  of  the
    38  agency's proposed, revised or adopted rules.
    39    2.  The  commission  may publish its findings and recommendations with
    40  regard to a regulation or rule on its website,  or  any  other  form  it
    41  deems appropriate.
    42    §  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
    43  section 202 of the state administrative procedure  act,  as  amended  by
    44  chapter 455 of the laws of 2017, is amended to read as follows:
    45    Prior  to  the  adoption of a rule, an agency shall submit a notice of
    46  proposed rule making to the secretary of state for  publication  in  the
    47  state  register,  shall  provide  the  proposed  rules  and accompanying
    48  documentation establishing the statutory authority for  promulgation  to
    49  the  administrative  regulations review commission, and shall afford the
    50  public an opportunity to submit comments on the proposed rule. Unless  a
    51  different  time  is  specified  by  statute, the notice of proposed rule
    52  making must appear in the state register at least sixty  days  prior  to
    53  either:
    54    § 4. This act shall take effect immediately.