S2381-2011 - NY Senate Open Legislation - Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent

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

Sponsor: SEWARD / Co-sponsor(s): DEFRANCISCO, GOLDEN, JOHNSON, LARKIN, LITTLE, O'MARA, RANZENHOFER, SALAND, YOUNG / Committee: JUDICIARY
Law Section: Constitution, Concurrent Resolutions to Amend / Law: Amd Art 4 S8, Constn

S2381-2011 Actions

Feb 8, 2012: OPINION REFERRED TO JUDICIARY
Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
Jan 4, 2012: REFERRED TO JUDICIARY
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 7, 2011: referred to judiciary
Jun 7, 2011: DELIVERED TO ASSEMBLY
Jun 7, 2011: PASSED SENATE
Apr 27, 2011: OPINION REFERRED TO JUDICIARY
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.124
Jan 25, 2011: TO ATTORNEY-GENERAL FOR OPINION
Jan 19, 2011: REFERRED TO JUDICIARY

S2381-2011 Meetings

Judiciary: Mar 1, 2011

S2381-2011 Calendars

S2381-2011 Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 1, 2011

Ayes (17): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Perkins
Ayes W/R (2): Adams, Stavisky
Nays (4): Gianaris, Krueger, Serrano, Squadron

VOTE: FLOOR VOTE: - Jun 7, 2011

Ayes (49): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Seward, Skelos, Smith, Stewart-Cousin, Valesky, Young, Zeldin
Nays (13): Duane, Espaillat, Gianaris, Huntley, Klein, Krueger, Montgomery, Perkins, Rivera, Savino, Serrano, Squadron, Stavisky

S2381-2011 Memo

BILL NUMBER:S2381

TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing 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
governments.

SUMMARY OF PROVISIONS:

This bill will amend the Constitution to allow the legislature by
majority vote of both houses to invalidate regulations 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 regulations. 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 anticipated 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
regulations 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 unanticipated 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.3048 of 2009-10; S.6982 of 2008


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Resolved (if the Assembly 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.

S2381-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2381
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 Introduced  by  Sens.  SEWARD,  DeFRANCISCO,  GOLDEN,  JOHNSON,  LARKIN,
 LITTLE, O'MARA, RANZENHOFER, SALAND -- read twice and ordered printed,
 and when printed to be committed to the Committee on Judiciary
 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 proposing an amendment to section 8 of article 4 of the constitution, in
 relation to legislative review of rules and regulations
 

Section 1. Resolved (if the Assembly concur), That section 8 of  arti
 cle 4 of the constitution be amended to read as follows:

 

S  8.  No  rule  or  regulation  made  by any state department, board,
 bureau, officer, authority or commission, except such as relates to  the
 organization  or  internal  management  of  a  state  department, board,
 bureau, authority or commission shall be effective until it is filed  in
 the office of the department of state. The legislature shall provide for
 the  speedy  publication  of  such  rules and regulations by appropriate
 laws.  THE LEGISLATURE MAY REVIEW ANY RULE OR REGULATION TO DETERMINE IF
 THE RULE OR REGULATION IS CONSISTENT WITH THE INTENT OF THE  LEGISLATURE
 AS EXPRESSED IN THE LANGUAGE OF THE STATUTE WHICH THE RULE OR REGULATION
 IS  INTENDED  TO IMPLEMENT AND/OR TO DETERMINE WHETHER THE RULE OR REGU
 LATION IS LIKELY TO HAVE A SUBSTANTIAL FISCAL IMPACT  ON  THE  STATE  OR
 LOCAL  GOVERNMENTS  WHICH  WAS NOT ANTICIPATED BY THE LEGISLATURE AT THE
 TIME OF THE PASSAGE OF THE LEGISLATION. UPON A FINDING THAT AN  EXISTING
 OR PROPOSED RULE OR REGULATION IS NOT CONSISTENT WITH LEGISLATIVE INTENT
 AND/OR  A  FINDING  OF  A SUBSTANTIAL UNANTICIPATED FISCAL IMPACT ON THE
 STATE OR LOCAL GOVERNMENTS, THE LEGISLATURE SHALL TRANSMIT THIS  FINDING
 IN  THE  FORM OF A CONCURRENT RESOLUTION TO THE GOVERNOR AND THE HEAD OF
 THE STATE DEPARTMENT,  BOARD,  BUREAU,  AUTHORITY  OR  COMMISSION  WHICH
 PROMULGATED,  OR  PLANS TO PROMULGATE, THE RULE OR REGULATION. THE STATE
 DEPARTMENT, BOARD, BUREAU, AUTHORITY OR  COMMISSION  SHALL  HAVE  THIRTY
 DAYS  TO  AMEND OR WITHDRAW THE EXISTING OR PROPOSED RULE OR REGULATION.
 IF THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION DOES NOT
 AMEND OR WITHDRAW THE EXISTING  OR  PROPOSED  RULE  OR  REGULATION,  THE
 LEGISLATURE MAY INVALIDATE THAT RULE OR REGULATION, IN WHOLE OR IN PART,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89064-01-1
        S. 2381                             2
 OR  MAY  PROHIBIT THAT PROPOSED RULE OR REGULATION, IN WHOLE OR IN PART,
 FROM TAKING EFFECT BY A VOTE OF A MAJORITY OF THE AUTHORIZED  MEMBERSHIP
 OF  EACH HOUSE IN FAVOR OF A CONCURRENT RESOLUTION PROVIDING FOR INVALI
 DATION OR PROHIBITION, AS THE CASE MAY BE, OF THE RULE OR REGULATION.
 

S  2.  Resolved (if the Assembly 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.

S2381-2011: Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent