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

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.