NY State Assembly Bill 2009-A10874

Assembly Bill A10874

2009-2010 Legislative Session

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2010	opinion referred to judiciary
Apr 29, 2010	to attorney-general for opinion
Apr 27, 2010	referred to judiciary

2009-A10874 (ACTIVE) - Details

See Senate Version of this Bill:: S3048
Current Committee:: Assembly Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §8, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6133, S2381
2013-2014: A4758, S3462

2009-A10874 (ACTIVE) - Summary

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent.

2009-A10874 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10874

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing  an  amendment  to  section  8  of article 4 of the constitution, in
relation to legislative review of rules and regulations

PURPOSE: To allow the legislature to invalidate regulations that are not
consistent with legislative  intent  or  which  are  likely  to  have  a
substantial  unanticipated  fiscal  impact on the state or local govern-
ments.

SUMMARY OF PROVISIONS: This bill will amend the  Constitution  to  allow
the  legislature  by  majority  vote  of both houses to invalidate regu-
lations not consistent with the legislative intent or which  are  likely
to  have a substantial unanticipated fiscal impact on the state or local
governments.

EXISTING LAW: There is no provision similar to  this  in  the  New  York
Constitution.

JUSTIFICATION:  The  intent  of  the legislature in passing a particular
statute must be the paramount concern in drafting rules and  regulations
implementing  the  statute.  The  will  of the legislature should not be
altered or circumvented by  state  agencies  drafting  rules  and  regu-
lations. When rules and regulations exceed or stray from the legislative
intent, there may be unanticipated burdens placed on the constituents of

the  legislators  which voted for the legislation at issue. In addition,
in these tight financial times, it is also important that regulations do
not impose costs on the state or local governments which were not antic-
ipated by the legislature at the time  of  passage  of  the  legislation
which the regulations are implementing.

This  bill  would allow the legislature to identify and 'eliminate regu-
lations that the legislature never intended which  may  impose  needless
burdens and costs on consumers, businesses or government.  Specifically,
this  bill  would amend the Constitution to authorize the legislature to
review any rule or regulation to determine if it is consistent with  the
intent  of  the  legislature  or if it would have a substantial unantic-
ipated fiscal impact on the state or local governments. Upon making such
a finding through a concurrent resolution to the governor and  the  head
of  the  appropriate  agency,  the  agency would be required to amend or
withdraw the regulation. In the event that the agency fails to take such
action within thirty days, the legislature may vote to  invalidate  such
regulation.

LEGISLATIVE HISTORY: S.6982 of 2008.

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:  Resolved  (if  the  Senate concur), That the foregoing
amendment be referred to the first regular legislative session convening
after the next succeeding general election of members of  the  assembly,

and,  in conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

2009-A10874 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10874

                          I N  A S S E M B L Y

                             April 27, 2010
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 8 of article 4 of the constitution, in
  relation to legislative review of rules and regulations

  Section 1. Resolved (if the Senate concur), That section 8 of  article
4 of the constitution be amended to read as follows:
  S  8.  No  rule  or  regulation  made  by any state department, board,
bureau, officer, authority or commission, except such as relates to  the
organization  or  internal  management  of  a  state  department, board,
bureau, authority or commission shall be effective until it is filed  in
the office of the department of state. The legislature shall provide for
the  speedy  publication  of  such  rules and regulations by appropriate
laws.  THE LEGISLATURE MAY REVIEW ANY RULE OR REGULATION TO DETERMINE IF
THE RULE OR REGULATION IS CONSISTENT WITH THE INTENT OF THE  LEGISLATURE
AS EXPRESSED IN THE LANGUAGE OF THE STATUTE WHICH THE RULE OR REGULATION
IS  INTENDED  TO IMPLEMENT AND/OR TO DETERMINE WHETHER THE RULE OR REGU-
LATION IS LIKELY TO HAVE A SUBSTANTIAL FISCAL IMPACT  ON  THE  STATE  OR
LOCAL  GOVERNMENTS  WHICH  WAS NOT ANTICIPATED BY THE LEGISLATURE AT THE
TIME OF THE PASSAGE OF THE LEGISLATION. UPON A FINDING THAT AN  EXISTING
OR PROPOSED RULE OR REGULATION IS NOT CONSISTENT WITH LEGISLATIVE INTENT
AND/OR  A  FINDING  OF  A SUBSTANTIAL UNANTICIPATED FISCAL IMPACT ON THE
STATE OR LOCAL GOVERNMENTS, THE LEGISLATURE SHALL TRANSMIT THIS  FINDING
IN  THE  FORM OF A CONCURRENT RESOLUTION TO THE GOVERNOR AND THE HEAD OF
THE STATE DEPARTMENT,  BOARD,  BUREAU,  AUTHORITY  OR  COMMISSION  WHICH
PROMULGATED,  OR  PLANS TO PROMULGATE, THE RULE OR REGULATION. THE STATE
DEPARTMENT, BOARD, BUREAU, AUTHORITY OR  COMMISSION  SHALL  HAVE  THIRTY
DAYS  TO  AMEND OR WITHDRAW THE EXISTING OR PROPOSED RULE OR REGULATION.
IF THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION DOES NOT
AMEND OR WITHDRAW THE EXISTING  OR  PROPOSED  RULE  OR  REGULATION,  THE
LEGISLATURE MAY INVALIDATE THAT RULE OR REGULATION, IN WHOLE OR IN PART,
OR  MAY  PROHIBIT THAT PROPOSED RULE OR REGULATION, IN WHOLE OR IN PART,
FROM TAKING EFFECT BY A VOTE OF A MAJORITY OF THE AUTHORIZED  MEMBERSHIP
OF  EACH HOUSE IN FAVOR OF A CONCURRENT RESOLUTION PROVIDING FOR INVALI-
DATION OR PROHIBITION, AS THE CASE MAY BE, OF THE RULE OR REGULATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD89094-01-9

A. 10874                            2

  S 2. Resolved (if the Senate concur), That the foregoing amendment  be
referred  to  the  first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.

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