Senate Bill S3885

2019-2020 Legislative Session

Requires notice of certain ex parte communications

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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2019-S3885 (ACTIVE) - Details

See Assembly Version of this Bill:
A964
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §20-a, Pub Serv L; amd §307, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S1749, A5278
2011-2012: S1783, A4873
2013-2014: S467, A2132
2015-2016: S3169, A4628
2017-2018: S5597, A2621

2019-S3885 (ACTIVE) - Summary

Requires notice of any ex parte communications or visits before the public service commission by a party to a hearing or investigation be given in writing to any affected party and to give such affected parties an opportunity to respond.

2019-S3885 (ACTIVE) - Sponsor Memo

2019-S3885 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3885
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public service law and 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.  The public service law is amended by adding a new section
 20-a to read as follows:
   § 20-A. EX PARTE COMMUNICATIONS. WITH REGARD TO  ALL  HEARINGS  BEFORE
 THE  COMMISSIONER  OR  AN  OFFICER  OR  EMPLOYEE SPECIALLY AUTHORIZED TO
 CONDUCT AN INVESTIGATION OR HEARING, ALL PARTIES SHALL  RECEIVE  WRITTEN
 NOTICE  OF  ALL  EX  PARTE  COMMUNICATIONS  AND VISITS AND SHALL HAVE AN
 OPPORTUNITY TO RESPOND.
   § 2. Subdivision 2 of section 307 of the state  administrative  proce-
 dure 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.]
   § 3.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.

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