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S4034Senate2015-2016 Session

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

Sponsor Terrence P. MurphySD-40+1 co-sponsorAffects Economy
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Sponsors

Primary sponsor
Terrence P. Murphy

Senator · Senate District 40

1 Co-sponsor

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.881
  5. Referred to commerce, economic development and small business
  6. Returned to senate
  7. Died in assembly
  8. Referred to governmental operations
  9. Delivered to assembly
  10. Passed senateVote 52–10
  11. Advanced to third reading
  12. 2nd report cal.
Show 2 earlier actions
  1. 1st report cal.919
  2. Referred to commerce, economic development and small business

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.