2013-E128

Amends Assembly Rule IV relating to committees

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2013-E128


ASSEMBLY RESOLUTION amending sections 1, 2, 4 and 7 of Rule IV of the
Assembly rules, in relation to committees

RESOLVED, That sections 1, 2, 4 and 7 of Rule IV of the Assembly rules
are amended to read as follows:

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 ............................................ 22
Consumer Affairs and Protection .................. 16
Corporations, Authorities and Commissions ........ 26
Correction ....................................... 13
Economic Development ............................. 26
Education ........................................ 31
Election Law ..................................... 16
Energy ........................................... 17
Environmental Conservation ....................... 30
Ethics and Guidance ............................... 8
Governmental Employees ........................... 14
Governmental Operations .......................... 14
Health ........................................... 26
Higher Education ................................. 26
Housing .......................................... 28
Insurance ........................................ 25
Judiciary ........................................ 21
Labor ............................................ 29
Libraries and Education Technology ................ 9
Local Governments ................................ 20
Mental Health .................................... 13
Oversight, Analysis and Investigation ............. 7
Racing and Wagering .............................. 11
Real Property Taxation ........................... 10
Rules ............................................ 31
Small Business ................................... 17
Social Services .................................. 18
Tourism, Parks, Arts and Sports Development ...... 21
Transportation ................................... 26
Veterans' Affairs ................................ 19
Ways and Means ................................... 35
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 OF ONE-HALF OR
GREATER being credited to the majority; provided, however that there
shall be at least one minority 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 chairperson or ranking minority member, as appropri-
ate, 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 assign-
ments.
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. 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.
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.
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.
G. ALL STANDING COMMITTEE MEETINGS SHALL BE RECORDED AND WHEN PRACTI-
CABLE, BROADCAST LIVE AND/OR RECORDED EITHER THROUGH VIDEO AND/OR
WEBCAST.
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-THIRD of the
members of the committee.
b. Consistent with the provisions of subdivision d 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 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 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 days from the date of referral 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 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 legisla-
tive days. 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 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.

actions

  • 28 / Feb / 2013
    • LOST

Resolution Details

Law Section:
Resolutions, Assembly

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