What's happening
This bill requires legislative committee approval before state agency rules implementing legislation can take effect.
Why it matters
Statewide reach. Applies to state agency rules intended to implement legislation, across subject areas.
New legislative gatekeeper. Each proposed rule would need majority approval from every Senate and Assembly committee to which it is referred before taking effect.
Additional procedural step. Agencies would submit proposed rules to the appropriate committees before holding a public hearing, alongside existing rulemaking procedures.
Albany, before your first meeting.
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Who cares
State agencies
They would need legislative committee approval for rules implementing legislation.
Senate and Assembly subject-matter committees
They would gain authority to block these rules from taking effect.
Businesses and people subject to agency rules
Rules governing their activities would face an additional approval requirement.
Headline styles
Require Committee Approval of Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2210
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business
AN ACT to amend the state administrative procedure act, in relation to legislative approval of certain proposed rules
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "the regulatory ratification act".
§ 2. The state administrative procedure act is amended by adding a new section 202-f to read as follows:
§ 202-f. Legislative approval. In addition to the procedure required pursuant to section two hundred two of this article and prior to the holding of a public hearing, an agency shall submit any proposed rule, intended to implement legislation, to the appropriate committees of the senate and assembly having jurisdiction of the subject matter for their approval. No such rule shall take effect unless it has been approved by a majority vote of each committee to which it has been referred.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06182-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the state administrative procedure act, in relation to legislative approval of certain proposed rules
Purpose or general idea of bill
This legislation is designed to provide the Legislature with foreknow- ledge of rules or regulations adopted by state agencies, departments, and authorities which implement legislative action. In too many cases, regulations thwart the legislative intent either going beyond or falling short of legislative goals. This legislation would require approval of all rules and regulations prior to their implementation.
Summary of specific provisions
Section 1. This act shall be known and may be cited as "the regulatory ratification act."
The state administrative procedure act is amended by adding a new Section 202-(f). This legislation would require that prior to the effec- tive date of any rule or regulation promulgated by any state agency, department, or authority, such rules or regulations must be approved by the standing committee of both the New York State Senate and Assembly having jurisdiction over the subject matter.
Effects of present law that this bill would alter
Presently, state administrative agencies are not required to submit proposed rules and regulations for legislative approval.
Prior legislative history
02/15/17:S.4459 REFERRED TO COMMERCE,ECONOMIC DEVELOPMENT AND SMALL BUSINESS
01/03/18:5.4459 REFERRED TO COMMERCE,ECONOMIC DEVELOPMENT AND SMALL BUSINESS
04/06/18:S.4459 AMEND AND RECOMMIT TOCOMMERCE,ECONOMIC DEVELOPMENT AND SMALL BUSINESS
04/06/18:S.4459 PRINT NUMBER 4459A
05/08/18:S.4459A 1ST REPORT CAL.1081
05/09/18:S.4459A 2ND REPORT CAL.
05/14/18:S.4459A ADVANCED TO THIRD READING
06/20/18:COMMITTED TO RULES
Fiscal implications for state and local governments
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.