Bill Text: NY S06500 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 6500 (Prior Session Legislation)

Introduced

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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S06500 Detail]

Download: New_York-2013-S06500-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6500
                                   I N  S E N A T E
                                   January 30, 2014
                                      ___________
       Introduced  by Sens. MARCHIONE, VALESKY -- read twice and ordered print-
         ed, and when printed to be committed to  the  Committee  on  Commerce,
         Economic Development and Small Business
       AN  ACT  to amend the state administrative procedure act, in relation to
         the filing of objections to agency rules by the  administrative  regu-
         lations review commission
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 202 of the state administrative  procedure  act  is
    2  amended by adding a new subdivision 10 to read as follows:
    3    10.  OBJECTION.  IF  THE  ADMINISTRATIVE REGULATIONS REVIEW COMMISSION
    4  FINDS OBJECTION TO ALL OR A  PORTION  OF  A  PROPOSED  OR  ADOPTED  RULE
    5  BECAUSE  THAT  RULE IS DEEMED TO BE UNREASONABLE, ARBITRARY, CAPRICIOUS,
    6  OR OTHERWISE BEYOND THE AUTHORITY DELEGATED TO THE AGENCY,  THE  COMMIS-
    7  SION MAY, IN WRITING, NOTIFY THE AGENCY OF THE OBJECTION. THE COMMISSION
    8  SHALL  ALSO  FILE A CERTIFIED COPY OF SUCH AN OBJECTION WITH THE DEPART-
    9  MENT OF STATE, DIVISION OF ADMINISTRATIVE RULES  AND  A  NOTICE  TO  THE
   10  EFFECT  THAT  AN OBJECTION HAS BEEN FILED SHALL BE PUBLISHED IN THE NEXT
   11  ISSUE OF THE NEW YORK STATE REGISTER AND IN THE  NEW  YORK  STATE  CODE,
   12  RULES  AND  REGULATIONS  WHEN  THE  RULE IS PRINTED IN IT. THE BURDEN OF
   13  PROOF SHALL THEN BE ON THE AGENCY IN ANY PROCEEDING FOR JUDICIAL  REVIEW
   14  OR  FOR ENFORCEMENT OF THE RULE HEARD SUBSEQUENT TO THE FILING TO ESTAB-
   15  LISH THAT THE RULE OR PORTION OF THE RULE TIMELY OBJECTED  TO  ACCORDING
   16  TO  THE  ABOVE  PROCEDURE IS NOT UNREASONABLE, ARBITRARY, CAPRICIOUS, OR
   17  OTHERWISE BEYOND THE AUTHORITY DELEGATED TO IT.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10051-03-4