Bill Text: NY A01598 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 1598 (Prior Session Legislation)

Bill Title: Prohibits ex parte communications with the public service commission by parties to pending adjudicatory proceedings.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2012-04-30 - enacting clause stricken [A01598 Detail]

Download: New_York-2011-A01598-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1598--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 11, 2011
                                      ___________
       Introduced  by  M. of A. KELLNER -- Multi-Sponsored by -- M. of A. BENE-
         DETTO, BRENNAN, CLARK, MILLMAN,  PAULIN,  SWEENEY  --  read  once  and
         referred to the Committee on Corporations, Authorities and Commissions
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee
       AN ACT to amend 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:
    1    Section 1. Subdivision 2 of section 307 of  the  state  administrative
    2  procedure act is amended to read as follows:
    3    2.  Unless required for the disposition of ex parte matters authorized
    4  by law, members or employees of an agency assigned to render a  decision
    5  or  to  make  findings of fact and conclusions of law in an adjudicatory
    6  proceeding shall not communicate, directly or indirectly, in  connection
    7  with  any  issue  of  fact, with any person or party, nor, in connection
    8  with any issue of law, with any party or his representative, except upon
    9  notice and opportunity for all parties to participate.  Any such  agency
   10  member (a) may communicate with other members of the agency, and (b) may
   11  have  the aid and advice of agency staff other than staff which has been
   12  or  is  engaged  in  the  investigative  or  prosecuting  functions   in
   13  connection with the case under consideration or factually related case.
   14    This  subdivision  does  not apply (a) in determining applications for
   15  initial licenses for public utilities or carriers; or (b) to proceedings
   16  involving the validity or application of rates, facilities, or practices
   17  of public utilities or carriers; PROVIDED, HOWEVER, THAT WHEN  EX  PARTE
   18  COMMUNICATIONS  IN  SUCH  PROCEEDINGS TAKE PLACE OUTSIDE OF A SETTLEMENT
   19  PROCESS, COLLABORATIVE OR OTHER AGENCY-SANCTIONED EVENT, THE PARTY SHALL
   20  FILE WITH THE AGENCY A NOTICE AND SUMMARY OF SUCH  COMMUNICATION,  WHICH
   21  SHALL BE SERVED ON ALL PARTIES TO THAT PROCEEDING.
   22    S  2.  This  act shall take effect on the thirtieth day after it shall
   23  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03913-02-1