NY State Senate Bill 2013-S3462

Senate Bill S3462

2013-2014 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

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Archive: Last Bill Status - In Senate Committee Judiciary 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
Feb 11, 2014	opinion referred to judiciary
Jan 13, 2014	to attorney-general for opinion
Jan 08, 2014	referred to judiciary returned to senate died in assembly
Jun 10, 2013	referred to judiciary delivered to assembly passed senate
Jun 04, 2013	ordered to third reading cal.1030 committee discharged and committed to rules
Mar 04, 2013	opinion referred to judiciary
Feb 06, 2013	to attorney-general for opinion
Feb 04, 2013	referred to judiciary

Votes

- Jun 10, 2013 - Floor Vote
  S3462
  
  42
  
  Aye
  
  18
  
  Nay
  
  2
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2013
      
      aye (42)
      
      Addabbo Jr.
      
      Ball
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marchione
      
      Maziarz
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Savino
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (18)
      
      Adams
      
      Avella
      
      Espaillat
      
      Gianaris
      
      Gipson
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Krueger
      
      LaValle
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Stavisky
      
      Tkaczyk
      
      absent (2)
      
      Bonacic
      
      Squadron
      
      excused (1)
      
      Martins
  Jun 4, 2013 - Rules Committee Vote
  S3462
  
  20
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2013
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (4)
      
      Espaillat
      
      Gianaris
      
      Krueger
      
      Perkins
      
      aye wr (1)
      
      Montgomery

co-Sponsors

2013-S3462 (ACTIVE) - Details

See Assembly Version of this Bill:: A4758
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §8, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3048, A10874
2011-2012: S2381, A6133

2013-S3462 (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.

2013-S3462 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3462

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.2381  of  2011-12; S.3048 of 2009-10; S.6982 of
2008.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the Assembly 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.

2013-S3462 (ACTIVE) - Bill Text download pdf

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

                                  3462

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed 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 Assembly concur), That section 8 of  arti-
cle 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD89107-01-3

S. 3462                             2

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.
  S  2.  Resolved (if the Assembly 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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Senate Bill S3462

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Sponsored By

James L. Seward