2019-E32

Amends Assembly Rules I & IV relating to the substitution of committee members

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2019-E32



Assembly Resolution No. 32

BY: M. of A. Kolb

AMENDING subdivision c of section 1 of Rule I of
the Assembly Rules, in relation to substitution of
committee members; and amending section 2 of Rule IV
of the Assembly Rules, in relation to substitution
of committee members

RESOLVED, that subdivision c of section 1 of Rule I of the Assembly
Rules is amended to read as follows:

c. possess the powers and perform the duties herein prescribed. The
Speaker:

(1) shall preserve order and decorum, name the member entitled to the
floor when more than one member seeks to be recognized and, in debate,
prevent personal reflections and confine members to the question under
discussion;

(2) shall decide all questions of order subject to appeal to the House
and on every appeal shall have the right, from the Chair, to assign the
reason for such decision; in case of such appeal no member shall speak
more than once, nor for more than 15 minutes;

(3) shall appoint the chairpersons and members of all committees
thereof, except where the House shall otherwise order;

(4) shall not appoint a substitution for a member of a committee
unless twenty-four hour notice is given to the ranking minority member
of such committee;

(5) shall create such sub-committees of each standing committee,
jointly with the chairperson of the standing committee, as may be deemed
necessary;

[(5)] (6) shall appoint the chairpersons and members of all
sub-committees thereof, except where the House shall otherwise order;

[(6)] (7) may designate by an appointment in writing duly entered upon
the Journal of the House, any member to perform the duties of the Chair
for a period not exceeding five consecutive legislative days, but for no
longer period, except by special consent of the House and the member so
designated shall be, during the time designated, vested with all the
powers and duties conferred by these rules and section 40 of the
legislative law;

[(7)] (8) shall not be required to vote in ordinary legislative
proceedings, except where such vote would be decisive;

[(8)] (9) shall be a member and Chairperson of the Committee on Rules;

[(9)] (10) shall appoint a Majority Leader, who shall be a member of
the Committee on Rules, and who, together with the Minority Leader,
shall be a member ex-officio of all other standing committees of the

House, and entitled to the same rights and privileges as other members
of said committees except the right to vote;

[(10)] (11) shall appoint such other officers as he or she deems
necessary to the conduct of the affairs of the Assembly;

[(11)] (12) may direct a standing committee to conduct any
investigation which the Assembly or a committee thereof is authorized to
conduct, provided, however, that the Speaker may not so direct the
Committee on Oversight, Analysis and Investigation unless requested in
writing by a majority of the membership of such Committee;

[(12)] (13) shall execute the judgment of the House, without debate,
in cases of adjudged breach of its privileges; and

[(13)] (14) may create such task forces of the Assembly as he or she
may deem necessary or advisable and shall appoint the chairperson and
members of each such task force.

[(14)] (15) shall adopt rules and regulations, and take such other
measures as may be necessary to provide for the establishment and
maintenance of a system of internal controls and a program of internal
control review for the Assembly in accordance with the guidelines set
forth in Rule VII hereof.

RESOLVED, that section 2 of Rule IV of the Assembly Rules is amended
to read as follows:

ยง 2. Meetings of standing committees. a. Meetings of standing
committees. 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
Internet 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 in written or electronic format 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, and
shall be made available on the Assembly Internet site and the
Legislative Retrieval System. 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. The chairperson of a standing committee may not permit a
substitution for a member of such committee unless twenty-four hour
notice of the substitution is given to the ranking minority member of
the committee.

e. 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
majority 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
standing 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.] f. 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, the Assembly
Internet site and the Legislative Retrieval System.

[f.] g. 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.] h. The audio and/or video broadcast of committee meetings shall
be made available on the Assembly Internet site when practicable, and
shall be subject to the same requirements as apply to televised
proceedings of Assembly sessions pursuant to Rule X.

actions

  • 18 / Jan / 2019
    • INTRODUCED
  • 22 / Jan / 2019
    • LOST

Resolution Details

Law Section:
Resolutions, Assembly

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