2009-E68

Amends Assembly Rule IV relating to committees

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2009-E68


ASSEMBLY RESOLUTION amending Rule IV of the Assembly rules, in relation
to committees

RESOLVED, That Rule IV of the Assembly rules is amended to read as
follows:
RULE IV

COMMITTEES

Section 1. Standing Committees. a. The standing committees shall be as
follows:
Name of Committee Number of Members
Aging ............................................ 30
Agriculture ...................................... 23
Alcoholism and Drug Abuse ........................ 14
Banks ............................................ 31
Children and Families ............................ 17
Cities ........................................... 16
Codes ............................................ 19
Consumer Affairs and Protection .................. 16
Corporations, Authorities and Commissions ........ 24
Correction ....................................... 13
Economic Development, Job Creation, Commerce
and Industry** ................................... 26
Education ........................................ 31
Election Law ..................................... 16
Energy ........................................... 17
Environmental Conservation ....................... 30
Ethics and Guidance ............................... 8
Governmental Employees ........................... 13
Governmental Operations .......................... 12
Health ........................................... 26
Higher Education ................................. 26
Housing .......................................... 28
Insurance ........................................ 25
Judiciary ........................................ 21
Labor ............................................ 27
Libraries and Education Technology Committee ...... 9
Local Governments ................................ 20
Mental Health, Mental Retardation and Developmental
Disabilities* .................................... 13
Oversight, Analysis and Investigation ............. 7
Racing and Wagering .............................. 11
Real Property Taxation ........................... 10
Rules ............................................ 31
Small Business ................................... 16
Social Services .................................. 18
Tourism, Arts and Sports Development ............. 21
Transportation ................................... 26
Veterans' Affairs ................................ 19
Ways and Means ................................... 35
* Also known as Mental Health
** Also known as Economic Development
b. The number of majority members of each standing committee shall be
in the same ratio as the majority members of the House are to the entire
membership of the House, with all fractional members being credited to
the majority; provided, however that there shall be at least one minori-

ty member on each standing committee; and further provided that the
Standing Committee on Ethics and Guidance shall consist of an equal
number of majority and minority members. A member who in any calendar
year has three or more unexcused absences, as determined by the chair-
person or ranking minority member, as appropriate, from any regularly
scheduled meeting of a standing committee at which bills are scheduled
to be considered shall be removed from one or more of the standing
committees to which he or she is assigned. The standing committee shall
notify the member upon each unexcused absence and shall notify the
Committee on Committees upon the second and any subsequent unexcused
absences. The Committee on Committees shall notify the member of any
resulting reduction in his or her committee assignments.
c. Members of the Assembly shall serve on no more than six standing
committees; provided, however that members serving as the chairperson of
a standing committee shall serve on no more than five standing commit-
tees. Such limitations shall not apply to a member of the Assembly serv-
ing as an ex officio member of a committee pursuant to paragraph nine of
subdivision c of section one of Rule I or for any member serving on a
standing committee on an interim basis.
d. All standing committees shall operate on an annual basis and their
jurisdiction shall include, but not be limited to, the subject matter of
each bill or resolution referred to them by the Speaker. HOWEVER, THE
SPEAKER SHALL NOT REFER AND THE COMMITTEE CHAIRS SHALL NOT REQUEST BILLS
NOT WITHIN THE COMMITTEE'S SUBJECT MATTER JURISDICTION. Each standing
committee shall propose legislative action and conduct such studies and
investigations as may relate to matter within their jurisdiction. Each
standing committee shall, furthermore, devote substantial efforts to the
oversight and analysis of the activities, including but not limited to
the implementation and administration of programs, of departments, agen-
cies, divisions, authorities, boards, commissions, public benefit corpo-
rations and other entities within its jurisdiction. After adjournment
sine die of the Legislature in an odd numbered year, standing committees
may consider and act on pre-filed bills and bills carried over pursuant
to subdivision f of section two of Rule III and may report such bills to
the order of second reading for consideration by the Assembly at the
next succeeding regular legislative session.
e. No select, joint or joint legislative committee, except for the
Temporary Joint Legislative Committee on Disaster Preparedness and
Response, shall be created to make special studies or investigations by
Assembly resolution or by any other resolution requiring the approval or
concurrence of the Assembly except that an Assembly standing committee
or subcommittee, or the staff thereof, may jointly consider, study or
investigate with an appropriate Assembly or Senate standing committee or
subcommittee or the staff thereof any subject matter which is within
their jurisdiction.
º 2. Meetings of standing committees. a. Meetings of standing commit-
tees. Standing committees shall hold meetings at a regular weekly time
and day as scheduled by the committee chairperson in consultation with
the committee coordinators, as designated by the Speaker, and such set
time shall be posted on the Assembly committee board and Assembly Inter-
net site. The weekly committee schedule shall be available the preceding
Thursday, as provided for in subdivision b of this section. [If on the
first Tuesday of any month of the regular legislative session, excluding
January, a standing committee shall have 50 or more bills pending
committee action, such committee shall be required to meet at least once
during such month to consider legislation.] ON ANY TUESDAY, UPON REQUEST
OF ONE QUARTER OF THE MEMBERSHIP, THE COMMITTEE SHALL CONVENE A COMMIT-
TEE MEETING FOR THE FOLLOWING WEEK.

b. Each chairperson of a standing committee shall, by the Thursday of
the week preceding, furnish to the Speaker, the Majority and Minority
Leaders, and make available to each member of such committee, a copy of
the agenda of all meetings scheduled for the following week, together
with a copy of the introducer's memorandum for each bill listed on such
agenda. Further, each chairperson shall furnish to the Speaker, the
Majority and Minority Leaders and to the ranking minority member of such
committee, a list of all bills referred to such committee to date
together with the above agenda and memoranda. In addition, copies of
such agenda shall be made available not later than such Thursday to
representatives of the news media and to the general public by the
filing thereof with the Legislative Library and the Assembly Public
Information Office. The notice provisions of this subdivision and of
subdivision c shall not apply to the Committee on Rules. Nothing
contained in this subdivision shall be deemed to waive any of the
provisions of article seven of the Public Officers Law known as the
"Open Meetings Law".
c. The chairperson of a standing committee may call a special meeting
or add or delete items on the agenda of a regular meeting by giving
twenty-four hour notice of the agenda of such special meeting or such
additions or deletions in the same manner and to the same extent as
notice of agenda for regular meetings, provided, however, that such
notice shall not be required if a message of necessity has been received
from the governor in connection with the bill under consideration or the
ranking minority member of the committee consents thereto.
d. All standing committee meetings shall be open to representatives of
the news media and general public, except that the committee, upon a
two-thirds vote of the members of the committee present or upon a major-
ity vote of the total membership of the committee, whichever is the
greater, may hold an executive session at which only members of such
committee shall be in attendance. The subjects to be acted upon at the
executive session shall be limited to the subjects enumerated in section
one hundred five of the Public Officers Law. No bill shall be voted upon
at such executive session. No committee shall vote to report any bill
unless a majority of all the members thereof is actually present. The
affirmative vote of a majority of all the members appointed to a stand-
ing committee shall be necessary to every report. The negative vote of
such a majority shall be necessary to defeat a bill in committee. No
proxy vote shall be valid. ALL STANDING COMMITTEE MEETINGS SHALL BE
TRANSCRIBED BY A STENOGRAPHER OR SHALL BE ELECTRONICALLY RECORDED BY
OTHER MEANS AND TRANSCRIPTIONS OR VERBATIM RECORDINGS OF SUCH MEETINGS
SHALL BE MADE AVAILABLE TO THE GENERAL PUBLIC IN THE ASSEMBLY PUBLIC
INFORMATION OFFICE AND ON THE ASSEMBLY'S WEBSITE.
e. At the conclusion of a committee meeting the committee clerk of
such committee shall deliver to the Office of Journal Operations a roll
call on each of the bills considered by the committee and on each vote
to hold an executive session indicating the attendance of the members
and the ayes and nays. Such roll call shall be reproduced not later than
24 hours after transmittal to such Office and shall be made available
for inspection by the general public and representatives of the news
media in the Assembly Public Information Office AND IN ELECTRONIC FORMAT
THROUGH THE LEGISLATIVE RETRIEVAL SERVICE.
f. The report of a committee upon any matter referred to it other than
a bill, may include a brief statement of the opinion of any member or
members of the committee voting in either the majority or minority.
º 3. Sub-committees. A sub-committee of a standing committee created
pursuant to paragraph four of subdivision c of section one of Rule I
shall be comprised of at least three members of the standing committee;

provided, however that there shall be at least one minority member on
each subcommittee. The chairperson of such standing committee may
request that a sub-committee report back to the committee within a spec-
ified period of time with respect to the following: analysis and recom-
mendations regarding a bill referred to the standing committee; recom-
mendations for proposed legislative action; and the findings and
recommendations of the sub-committee resulting from any hearings,
studies or investigations relating to matter within the jurisdiction of
the standing committee. Any report issued by a sub-committee to a stand-
ing committee must be in writing and indicate any dissenting opinion.
Meetings of sub-committees shall be subject to the provisions of article
seven of the Public Officers Law known as the "Open Meetings Law".
º 4. Hearings. a. During each legislative session, chairpersons of
standing committees may call public hearings to permit interested
persons, groups or organizations the opportunity to testify orally or in
writing on legislation or other matters pending before such standing
committee provided, however, that each chairperson shall call such
public hearings upon a petition signed by [a majority] ONE-QUARTER of
the members of the committee.
b. Consistent with the provisions of subdivision c of section one of
Rule IV hereof, the chairperson of each standing committee shall call at
least one public hearing after the adoption of the state budget regard-
ing the implementation and administration of programs of departments,
agencies, divisions, authorities, boards, commissions, public benefit
corporations and other entities within the jurisdiction of such commit-
tee. The purpose of such public hearing shall include, but not be limit-
ed to, the impact, if any, of the state budget on the implementation and
administration of the programs within such entities' jurisdiction.
c. Other public hearings may be called by committee chairpersons with
prior consent of the Speaker and in accordance with procedure estab-
lished by law.
d. Each chairperson shall prepare a schedule setting forth the date
and place for hearings and the subject matter to be considered thereat.
Copies of such schedule shall be made available to the general public
and representatives of the news media at least seven days prior to the
date of such hearing and filed with the Assembly Public Information
Office.
º 5. Consideration of bills; requests by sponsor. a. Each standing
committee may consider any bill referred to it at any time if otherwise
in conformity with these Rules. (1) In considering any bill, a standing
committee may vote favorably, unfavorably or to hold the bill for
further action and/or study, provided, however, that a motion to hold
which fails shall [not] be deemed to satisfy a request for consider-
ation. Insofar as may be practicable, each standing committee shall
vote upon such bills in the order in which such requests are filed,
provided, however, that a chairperson may schedule the consideration of
bills jointly if such bills deal with similar subject matter. Committees
having original jurisdiction over bills upon which a request for consid-
eration has been filed shall schedule all such bills for committee
consideration by the third Tuesday in May of the second year of the term
of the Assembly.
(2) No bill shall be considered by a standing committee unless the
final printed copy of the bill has been available to each member of the
committee for at least seven days and copies thereof have been available
to the general public and representatives of the news media for at least
such period of time. A bill reported by a standing committee with
amendments shall not be deemed to be a new bill for the purposes of the
provisions of this subdivision requiring bills to be available for at

least seven days prior to consideration by a standing committee.
Provided, however, that upon consent of a majority of the members of
such committee, any bill which is not in compliance with the foregoing
provisions of this paragraph, may be transmitted to the Committee on
Rules for further action in accordance with the provisions of subpara-
graph (b) of paragraph one of subdivision b of section ten of this Rule.
b. The sponsor of a bill referred to a standing committee may require
the committee to formally vote upon such bill by filing a request there-
for on an appropriate form to be furnished by the Office of Journal
Operations. With respect to such request for consideration:
(1) The clerk of each standing committee, upon receiving such a
request must immediately issue a receipt therefor acknowledging the date
and time of filing;
(2) Requests for consideration may be submitted on bills that are
printed, as follows:
(a) no later than the second Tuesday in April of the second year of
the term of the Assembly, except that after the second Tuesday in April
of such second year through the first Tuesday in May each member may
submit a total of five additional requests for consideration with a
committee of original jurisdiction, and a copy of such additional
request shall be filed by the Committee Clerk with the Committee on
Standing Committees; and
(b) in the case of a bill that is referred to a subsequent standing
committee, such request shall be submitted within thirty days after such
referral;
(3) Except with respect to bills referred to a standing committee
pursuant to the provisions of paragraph two of subdivision f of section
two of Rule III, requests for consideration of any bill introduced by or
at the request of a member may be made only once in any two-year term of
the Assembly;
(4) Once a committee has acted pursuant to such request, such commit-
tee shall not be required, during such two-year term, to again consider
such bill or to consider any substantially duplicative bill introduced
by, or at the request of such member subsequent to the consideration of
such bill by the committee; and
(5) With respect to a bill sponsored by the Committee on Rules at the
request of a member, either the Committee or the member at whose request
the bill has been introduced may file a request for consideration.
C. A BILL FOR WHICH A HOME RULE MESSAGE HAS BEEN FILED SHALL BE
CONSIDERED BY SUCH COMMITTEE WITHIN FOUR WEEKS OF SUCH FILING OR BEFORE
THE LAST SCHEDULED WEEK OF SESSION, WHICHEVER IS SOONER.
º 6. Reports. a. A standing committee may report any bill, either with
or without amendments, or it may report adversely to the same or it may
report that a bill has been held for further action and/or study. Upon a
favorable report of the committee on an Assembly Bill amended by the
Senate, the bill shall appear upon the Calendar under the heading
"Assembly Bills amended by the Senate".
b. A report of a committee must contain the name of the committee
making the same, the matter reported on, the name of the introducer and
if a bill or resolution, the number of such bill or resolution. [Such]
IN ADDITION TO A SUMMARY OF ALL TESTIMONY, POSITION PAPERS, AND ALL
OTHER EVIDENCE CONSIDERED BY A COMMITTEE, SUCH report shall state wheth-
er such matter was reported:
(1) favorably, with or without amendments or referred to another
committee;
(2) for the consideration of the House;
(3) adversely;
(4) for concurring in Senate amendments;

(5) for repassing a Senate bill which has been recalled and amended;
or
(6) held for further action and/or study.
c. If the report be on a resolution, petition, memorial or remon-
strance it must contain the recommendations, if any, of the committee
thereon.
d. A list of the bills reported under their final numbers shall be
filed by the clerks of the committees with the Speaker, the Majority
Leader, the Minority Leader, the Clerk of the Assembly, the Office of
Assembly Revision and the Index Clerk. The Committee on Rules shall not
be required to file such lists with the Speaker, the Majority Leader or
the Minority Leader.
e. All bills, except budget appropriation bills, reported favorably or
for consideration, if reported with amendments, shall be reprinted imme-
diately, and all new matter proposed by the committee to be added or
inserted in existing law shall be underscored and all matter to be elim-
inated from existing law, shall be printed in its proper place enclosed
in black-faced brackets. Where a committee amends a bill by eliminating
proposed new matter, such new matter shall be omitted in the reprint of
the bill.
f. All budget appropriation bills reported favorably or for consider-
ation, if reported with amendments, shall be immediately reprinted, and
the amendments proposed by the committee shall be underscored in their
proper place except in cases where the committee recommends eliminating
certain words or figures, in which cases such words or figures shall be
printed enclosed in black-faced brackets.
g. All bills favorably reported shall, if the report be agreed to, be
placed on the order of second reading, except that any bill providing
for a state appropriation, or creating or increasing a charge (i) upon
the state or (ii) upon a local government shall, when favorably reported
by any committee other than the Committee on Ways and Means, be referred
to the Committee on Ways and Means. In the event such a bill is not
referred to the Committee on Ways and Means, the chairperson of such
Committee may require such referral, subject to the approval of the
Speaker. Where a committee report is not agreed to, the bill shall be
before the House for disposition.
h. Any bill, the subject matter of which is also within the jurisdic-
tion of another committee of the House may, subject to the approval of
the Speaker, be favorably reported and referred or simply referred to
such other committee for review and recommendation only.
i. Any bill which is referred to a standing committee other than the
Committee on Codes and which:
(1) imposes or changes any fine, term of imprisonment, forfeiture of
rights or other penal sanction; or
(2) relates to the procedure by which such fine, term of imprisonment,
forfeiture of rights or other penal sanction is imposed or changed,
shall, when favorably reported by the committee having original juris-
diction, be referred to the Committee on Codes for the purpose of having
such Committee review and consider only such penalty or procedural
provisions of such bill and to thereafter favorably report such bill
with amendments, if necessary, to such penalty or procedural provisions.
In the event that such a bill is not referred to the Committee on Codes,
the chairperson of such Committee may require such referral, subject to
the approval of the Speaker.
j. Where a bill has been reported adversely, and such report shall be
agreed to by the House, it shall be considered rejected. No bill shall
be reported adversely by any committee until ten days after the refer-

ence of such bill to the committee and the bill shall have been printed
and been upon the desks of the members for ten days.
k. No bill shall be reported by a committee, except in its last
amended form at the time of such report. Whenever a bill which is in
committee is amended, the clerk of such committee shall promptly return
to the Office of Journal Operations the original copy of such bill.
l. Where a "home rule" request, or a certificate of necessity or an
emergency message from the Governor is required as provided in any
section of Article IX or Article XIII of the Constitution, such request,
certificate or message must be filed with the Office of Journal Oper-
ations before such bill can be reported by a committee.
m. Concurrent resolutions proposing amendments to the State Constitu-
tion shall be initially referred to the standing committee having juris-
diction over the subject matter of the contents of such resolution. Such
concurrent resolution shall, when favorably reported by such committee,
be referred to the Committee on Judiciary for final consideration. In
the event that such a resolution is not referred to the Committee on
Judiciary, the chairperson of such Committee may require such referral
subject to the approval of the Speaker.
n. On and after the first legislative day in June, all bills favorably
reported by a standing committee which would otherwise be placed on the
order of second reading shall be referred, in accordance with paragraph
one of subdivision b of section ten of Rule IV, to the Committee on
Rules.
º 7. Discharge. a. No standing committee shall be discharged from the
consideration of a bill or resolution until after the printed bill or
resolution has been assigned by the Index Clerk to the committee and
only in accordance with the provisions of this section.
b. A standing committee shall not be discharged from the consideration
of a bill or resolution except WHEN SPONSORED BY AT LEAST SEVENTY-SIX
MEMBERS OF THE HOUSE OR upon motion and by a vote of a majority of all
the members elected to the Assembly. No such motion shall be in order,
until the committee has had [sixty] TWENTY days from the date of refer-
ral to such committee to consider such bill nor shall such motion be in
order on or after the first Tuesday in May except with unanimous consent
of the members or in the discretion of the Speaker where proper notice
has been given prior to the first Tuesday in May.
c. (1) On any legislative day, [not more than one motion] MOTIONS to
discharge shall be in order;
(2) A motion to discharge may only be made by the sponsor of the bill
or resolution who has timely filed a request for consideration pursuant
to section five of this rule.
d. Each motion to discharge, when timely made, shall be placed on the
Motion to Discharge Calendar[, which shall be printed within two legis-
lative days] WITHIN TWENTY-FOUR HOURS. No motion to discharge may be
considered by the House until such motion has been on such calendar for
a period of [five calendar legislative] TWO days.
E. A ROLL CALL ON EACH MOTION TO DISCHARGE CONSIDERED BY THE HOUSE
SHALL BE MADE AVAILABLE IN ELECTRONIC FORMAT THROUGH THE LEGISLATIVE
RETRIEVAL SERVICE WITHIN TWENTY-FOUR HOURS OF THE VOTE.
º 8. Committee action reports. a. All committees shall have the
authority to act upon bills until the adjournment sine die of the House.
b. Each committee shall, upon adjournment sine die of the House, file
an action report which includes a summary of its action on all bills
originally referred to it, setting forth the total number of such bills,
and the number thereof:
(1) reported to the House;
(2) defeated in committee;

(3) otherwise disposed of; and
(4) held for further consideration and action.
º 9. Annual reports by standing committees. On or before December
fifteenth in each year each standing committee shall make a report to
the Speaker of the Assembly, MAJORITY LEADER AND MINORITY LEADER of its
activities together with its legislative proposals WHICH SHALL BE POSTED
ON THE ASSEMBLY WEBSITE.
º 10. Committee on Rules. a. At any time during the session, a bill or
resolution may be introduced by the Committee on Rules and shall be
referred to a committee; provided however that all bills shall be
referred to a standing committee other than the Committee on Rules, for
consideration. A bill or resolution introduced at the request of a
member shall, if the member so requests, have his or her name included
on both the original and printed copies of the bill or resolution as
follows:
"Introduced by the Committee on Rules (at the request of M. of
A.........)."
b. The general functions of the Committee on Rules shall be:
(1) to determine the order on the Calendar of bills reported by the
other standing committees of the Assembly and such Committee shall be
deemed to be a standing committee only for the purpose of regulating
Calendar practices including:
(a) the introduction of a bill;
(b) the ordering of a bill directly to special order of second and
third reading transmitted to it from any other standing committee as
provided by these Rules;
(c) the ordering of a bill, otherwise on second reading, directly to a
special order of second and third reading; and
(d) the review of each message of necessity issued by the Governor
pursuant to Article III of the Constitution and the ordering of a bill
to a special order of second and third reading for which any such
message has been issued; provided, however that prior to the ordering of
a bill for second and third reading, such message must be accepted by an
affirmative vote of a majority of all the members of the Committee on
Rules;
(2) to regulate the housekeeping practices of the Assembly;
(3) to establish minimum qualifications for each category of staff
employees; and
(4) to establish and maintain minimum duties and standards of effec-
tiveness for all staff employees.
º 11. Assembly Graduate Scholar and Internship Committee. There shall
be an Assembly Graduate Scholar and Internship Committee to consist of
the Speaker Pro Tempore, Majority Leader, Deputy Majority Leader,
Assistant Speaker, Minority Leader, Chairperson of the Higher Education
Committee, Ranking Minority Member of the Ways and Means Committee and
Ranking Minority Member of the Higher Education Committee. The Speaker
shall appoint the chairperson from among the membership of this Commit-
tee.
º 12. Assembly Committee on Conference Committees. There shall be an
Assembly Committee on Conference Committees to consist of five members;
provided, however that there shall be at least one minority member on
such committee. Members of such committee shall be selected from among
Assembly leadership positions. The Speaker shall appoint the chairperson
from among the membership of the committee. Such committee shall meet at
least once a month during the regular Legislative Session, excluding
January, and [as necessary] AT THE REQUEST OF THE PRIME SPONSOR OF THE
ASSEMBLY BILL to review legislation passed by both houses for the
purpose of making recommendations for the convening of conference

committees pursuant to Joint Rule II of the Permanent Joint Rules of the
Senate and Assembly. The committee shall review requests for conference
committee made by the introducer of legislation. Recommendations issued
by the committee must be in writing and indicate any dissenting opinion.
Meetings of the Assembly Committee on Conference Committees shall be
subject to the provisions of article seven of the Public Officers Law
known as the "Open Meetings Law".
º 13. Ethics training. The Standing Committee on Ethics and Guidance
shall develop and regularly update a course of instruction for all
members and employees of the Assembly with regard to the laws and poli-
cies governing their conduct. The committee shall recommend to the
Speaker an ethics training plan for implementing and scheduling such
course of instruction.
º 14. A CHAIRPERSON OR RANKER OF A COMMITTEE SHALL BE APPOINTED TO A
STANDING COMMITTEE FOR A TWO YEAR TERM AND MAY NOT BE REMOVED, UNLESS
SUCH MEMBER IS CONVICTED OF A CRIME, IS UNDER INDICTMENT FOR A FELONY
OFFENSE OR SUCH MEMBER'S REMOVAL IS DIRECTED BY THE SPEAKER AFTER AN
INVESTIGATION AND RECOMMENDATION BY THE STANDING COMMITTEE ON ETHICS AND
GUIDANCE OR THE LEGISLATIVE ETHICS COMMISSION.

actions

  • 27 / Jan / 2009
    • LOST

Resolution Details

Law Section:
Resolutions, Assembly

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