Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 30, 2012 |
enacting clause stricken recommitted to codes |
Jan 04, 2012 |
ordered to third reading cal.74 returned to assembly died in senate |
Jun 16, 2011 |
referred to rules delivered to senate passed assembly |
Jun 14, 2011 |
ordered to third reading rules cal.207 rules report cal.207 reported |
Jun 13, 2011 |
reported referred to rules |
May 24, 2011 |
reported referred to codes |
May 05, 2011 |
print number 1598a |
May 05, 2011 |
amend (t) and recommit to corporations, authorities and commissions |
Jan 11, 2011 |
referred to corporations, authorities and commissions |
Assembly Bill A1598
2011-2012 Legislative Session
Sponsored By
KELLNER
Archive: Last Bill Status - Stricken
- 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
Actions
Bill Amendments
multi-Sponsors
Michael Benedetto
James F. Brennan
Barbara Clark
Joan Millman
2011-A1598 - Details
- Law Section:
- Public Service Law
- Laws Affected:
- Add §20-a, Pub Serv L; amd §307, St Ad Proc Act
- Versions Introduced in 2009-2010 Legislative Session:
-
A4888
2011-A1598 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1598 2011-2012 Regular Sessions I N A S S E M B L Y January 11, 2011 ___________ Introduced by M. of A. KELLNER -- Multi-Sponsored by -- M. of A. BENE- DETTO, BRENNAN, CLARK, MILLMAN, PAULIN, SWEENEY -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law and the state administrative procedure act, in relation to ex parte communications before the public service commission THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public service law is amended by adding a new section 20-a to read as follows: S 20-A. EX PARTE COMMUNICATIONS. 1. UNLESS REQUIRED FOR THE DISPOSI- TION OF EX PARTE MATTERS AUTHORIZED BY LAW, A COMMISSIONER OR ANY EMPLOYEE OF THE DEPARTMENT WHO IS ASSIGNED TO RENDER A DECISION OR TO MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW IN AN ADJUDICATORY PROCEED- ING BEFORE THE COMMISSION SHALL NOT COMMUNICATE, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH ANY ISSUE OF FACT OR OF LAW, WITH ANY PARTY, OR THE REPRESENTATIVE OF ANY PARTY, EXCEPT UPON NOTICE AND OPPORTUNITY FOR ALL PARTIES TO PARTICIPATE. PROVIDED, HOWEVER, THAT ANY SUCH COMMISSIONER OR EMPLOYEE (A) MAY COMMUNICATE WITH OTHER COMMISSIONERS, AND (B) MAY HAVE THE AID AND ADVICE OF AGENCY STAFF OTHER THAN STAFF WHICH HAS BEEN OR IS ENGAGED IN THE INVESTIGATIVE OR PROSECUTING FUNCTIONS IN CONNECTION WITH THE CASE UNDER CONSIDERATION OR A FACTUALLY RELATED CASE. 2. A PARTY IN AN ADJUDICATORY PROCEEDING BEFORE THE COMMISSION OR THE REPRESENTATIVE OF ANY SUCH PARTY SHALL NOT COMMUNICATE, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH ANY ISSUE OF FACT OR OF LAW WITH A COMMISSIONER OR ANY EMPLOYEE OF THE DEPARTMENT WHO IS ASSIGNED TO RENDER A DECISION OR TO MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUCH ADJUDICATORY PROCEEDING EXCEPT UPON NOTICE AND OPPORTUNITY FOR ALL PARTIES TO PARTICIPATE. 3. IF THE COMMISSIONER OR ANY EMPLOYEE OF THE DEPARTMENT SHALL RECEIVE ANY COMMUNICATION, ORAL OR WRITTEN, CONTRARY TO THE PROHIBITIONS IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03913-01-1
co-Sponsors
Thomas Abinanti
multi-Sponsors
Michael Benedetto
James F. Brennan
Barbara Clark
Joan Millman
2011-A1598A (ACTIVE) - Details
- Law Section:
- Public Service Law
- Laws Affected:
- Add §20-a, Pub Serv L; amd §307, St Ad Proc Act
- Versions Introduced in 2009-2010 Legislative Session:
-
A4888
2011-A1598A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1598--A 2011-2012 Regular Sessions I N A S S E M B L Y January 11, 2011 ___________ Introduced by M. of A. KELLNER -- Multi-Sponsored by -- M. of A. BENE- DETTO, BRENNAN, CLARK, MILLMAN, PAULIN, SWEENEY -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Subdivision 2 of section 307 of the state administrative procedure act is amended to read as follows: 2. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in an adjudicatory proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. Any such agency member (a) may communicate with other members of the agency, and (b) may have the aid and advice of agency staff other than staff which has been or is engaged in the investigative or prosecuting functions in connection with the case under consideration or factually related case. This subdivision does not apply (a) in determining applications for initial licenses for public utilities or carriers; or (b) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; PROVIDED, HOWEVER, THAT WHEN EX PARTE COMMUNICATIONS IN SUCH PROCEEDINGS TAKE PLACE OUTSIDE OF A SETTLEMENT PROCESS, COLLABORATIVE OR OTHER AGENCY-SANCTIONED EVENT, THE PARTY SHALL FILE WITH THE AGENCY A NOTICE AND SUMMARY OF SUCH COMMUNICATION, WHICH SHALL BE SERVED ON ALL PARTIES TO THAT PROCEEDING. S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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