Bill Text: NY S01088 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 1088 (Prior Session Legislation)

Introduced

Bill Title: Requires a party to file notice of ex parte communications in proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S01088 Detail]

Download: New_York-2013-S01088-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1088
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on Commerce, Economic  Devel-
         opment and Small Business
       AN  ACT  to amend the state administrative procedure act, in relation to
         ex parte communications
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2 of section 307 of the state administrative
    2  procedure act is amended to read as follows:
    3    2. Unless required for the disposition of ex parte matters  authorized
    4  by  law, members or employees of an agency assigned to render a decision
    5  or to make findings of fact and conclusions of law  in  an  adjudicatory
    6  proceeding  shall not communicate, directly or indirectly, in connection
    7  with any issue of fact, with any person or  party,  nor,  in  connection
    8  with any issue of law, with any party or his representative, except upon
    9  notice  and opportunity for all parties to participate.  Any such agency
   10  member (a) may communicate with other members of the agency, and (b) may
   11  have the aid and advice of agency staff other than staff which has  been
   12  or   is  engaged  in  the  investigative  or  prosecuting  functions  in
   13  connection with the case under consideration or factually related case.
   14    This subdivision does not apply (a) in  determining  applications  for
   15  initial licenses for public utilities or carriers; or (b) to proceedings
   16  involving the validity or application of rates, facilities, or practices
   17  of  public  utilities or carriers; PROVIDED, HOWEVER, THAT WHEN EX PARTE
   18  COMMUNICATIONS IN SUCH PROCEEDINGS TAKE PLACE OUTSIDE  OF  A  SETTLEMENT
   19  PROCESS, COLLABORATIVE OR OTHER AGENCY-SANCTIONED EVENT, THE PARTY SHALL
   20  FILE  WITH  THE AGENCY A NOTICE AND SUMMARY OF SUCH COMMUNICATION, WHICH
   21  SHALL BE SERVED ON ALL PARTIES TO THAT PROCEEDING.
   22    S 2. This act shall take effect on the thirtieth day  after  it  shall
   23  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02263-01-3