NY State Senate Bill 2015-S4034

Senate Bill S4034

2015-2016 Legislative Session

Relates to the filing of objections to agency rules by the administrative regulations review commission

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Archive: Last Bill Status - In Senate Committee Rules 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
Jun 17, 2016	committed to rules
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.881
Jan 06, 2016	referred to commerce, economic development and small business returned to senate died in assembly
Jun 15, 2015	referred to governmental operations delivered to assembly passed senate
Jun 01, 2015	advanced to third reading
May 28, 2015	2nd report cal.
May 27, 2015	1st report cal.919
Feb 26, 2015	referred to commerce, economic development and small business

Votes

- Jun 15, 2015 - Floor Vote
  S4034
  
  52
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (52)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (10)
      
      Comrie
      
      Hamilton
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Panepinto
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      excused (1)
      
      Libous
  May 17, 2016 - Commerce, Economic Development And Small Business Committee Vote
  S4034
  
  7
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 17, 2016
      
      aye (7)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Robach
      
      Valesky
      
      nay (2)
      
      Hassell-Thompson
      
      Sanders Jr.
      
      aye wr (2)
      
      Kennedy
      
      Persaud
  May 27, 2015 - Commerce, Economic Development And Small Business Committee Vote
  S4034
  
  7
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 27, 2015
      
      aye (7)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Robach
      
      Valesky
      
      nay (1)
      
      Sanders Jr.
      
      aye wr (2)
      
      Hamilton
      
      Kennedy
      
      excused (1)
      
      Hassell-Thompson

co-Sponsors

2015-S4034 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act
Versions Introduced in 2013-2014 Legislative Session:: S6500

2015-S4034 (ACTIVE) - Summary

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

2015-S4034 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4034

TITLE OF BILL:

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

PURPOSE:

To provide ARRC with a proceeding to object to an agency rule-making
that may be unreasonable, arbitrary, capricious, or otherwise beyond the
authority delegated to the agency.

SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 10 to section 202 of the State Adminis-
trative Procedure Act to allow for ARRC to object to all or a portion of
a proposed rule or adopted rule.

Section 2 establishes that the act shall take effect immediately.

EXISTING LAW:

SAPA has no provisions to allow for formal objections to agency rule
makings.

JUSTIFICATION:

Occasionally agencies promulgate rule makings that may be perceived as
unreasonable, arbitrary, capricious or otherwise beyond the authority
delegated to the agency. Currently, there is no means for a formal
objection by ARRC. This bill allows ARRC to file an objection with the
agency. The burden of proof is then placed upon the agency in any
proceeding for judicial review or for enforcement of the rule, heard
subsequent to the filing, to establish that the rule is not unreason-
able, arbitrary, capricious, or otherwise beyond the authority delegated
to it. ARRC will also file a certified copy of its objection with the
Department of State Division of Administrative Rules, and a notice of
such objection shall be published in the next issue of the New York
State Register and in the New York State Code of Rules and Regulations
(NYCRR) when the rule is adopted and printed in it. This bill will
provide a much needed objection process for agency rule making and the
State Administrative Procedure Act.

LEGISLATIVE HISTORY:

2014: S.6500 reported out of commerce, economic development and small
business committee - committed to rules

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

2015-S4034 (ACTIVE) - Bill Text download pdf

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

                                  4034

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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
  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:

  Section 1. Section 202 of the state administrative  procedure  act  is
amended by adding a new subdivision 10 to read as follows:
  10.  OBJECTION.  IF  THE  ADMINISTRATIVE REGULATIONS REVIEW COMMISSION
FINDS OBJECTION TO ALL OR A  PORTION  OF  A  PROPOSED  OR  ADOPTED  RULE
BECAUSE THAT RULE IS DEEMED TO BE UNREASONABLE, ARBITRARY, CAPRICIOUS OR
OTHERWISE  BEYOND  THE AUTHORITY DELEGATED TO THE AGENCY, THE COMMISSION
MAY, IN WRITING, NOTIFY THE AGENCY  OF  THE  OBJECTION.  THE  COMMISSION
SHALL  ALSO  FILE A CERTIFIED COPY OF SUCH AN OBJECTION WITH THE DEPART-
MENT OF STATE, DIVISION OF ADMINISTRATIVE RULES  AND  A  NOTICE  TO  THE
EFFECT  THAT  AN OBJECTION HAS BEEN FILED SHALL BE PUBLISHED IN THE NEXT
ISSUE OF THE NEW YORK STATE REGISTER AND IN THE NEW  YORK  STATE  CODES,
RULES  AND  REGULATIONS  WHEN  THE  RULE IS PRINTED IN IT. THE BURDEN OF
PROOF SHALL THEN BE ON THE AGENCY IN ANY PROCEEDING FOR JUDICIAL  REVIEW
OR  FOR ENFORCEMENT OF THE RULE HEARD SUBSEQUENT TO THE FILING TO ESTAB-
LISH THAT THE RULE OR PORTION OF THE RULE TIMELY OBJECTED  TO  ACCORDING
TO  THE  ABOVE  PROCEDURE  IS NOT UNREASONABLE, ARBITRARY, CAPRICIOUS OR
OTHERWISE BEYOND THE AUTHORITY DELEGATED TO IT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08983-01-5

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Senate Bill S4034

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Sponsored By

Terrence Murphy