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This entry was published on 2014-09-22
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SECTION 3
Open Meetings of Standing Committees
Senate Rules (CMS) CHAPTER , RULE 8
§ 3. Open Meetings of Standing Committees. a. (1) Standing committees
shall hold regular meetings at such time and on such day as the Majority
Coalition Leaders in consultation with the chair and such schedule shall
be published one week in advance of the date of such meeting and shall
be posted on the Senate committee board. The attendance of the members
of the committee shall be recorded at each meeting, and a copy of such
report shall be filed with the Journal Clerk of the Senate and made
available to the public. Each chair of a standing committee shall to the
extent practicable, no later than 3 p.m. the Thursday preceding the
regular meeting, furnish to the Conference Leaders, and make available
to each member of such committee, a copy of the agenda of such regular
meeting together with a copy of the introducer's memorandum for each
bill listed on such agenda for such regular meeting. In addition, copies
of such agenda for such regular meeting shall be made available to
representatives of the news media and to the general public. However, in
case of necessity, the chair with consent of the ranking Democratic
Conference member may add no more than four items on the agenda or
delete items on the agenda up to 24 hours in advance of the scheduled
meeting and members shall be notified of such additions or deletions.
Each standing committee chair shall decide all procedural issues which
arise during meetings of standing committees.

(2) Standing committees may hold special meetings in case of necessity
upon the call of the chair when the announcement is made from the floor
during session, or the ranking Democratic Conference member of the
committee consents thereto, or upon the call of a majority of all the
members thereof, entry of which fact shall be made on the records of the
committee and announced by the Secretary of the Senate.

(3) All meetings of committees shall be open to authorized
representatives of the news media and the general public as observers.

(4) All meetings of committees shall be recorded by video and to the
extent practicable webcast live. Video of all committee meetings shall
be made available on the Senate website and updated daily.

(5) Upon the personal vote of a majority of all the members of a
committee, taken in an open meeting pursuant to a motion identifying the
general area or areas of the subject or subjects to be considered, a
committee may conduct an executive session of which only members of such
committee are present for the following enunciated purposes provided,
however, that no action by formal vote shall be taken to appropriate
public monies:

(a) matters which will imperil the public safety if disclosed;

(b) any matter which may disclose the identity of a law enforcement
agent or informer;

(c) information relating to current or future investigation or
prosecution of a criminal offense which would imperil effective law
enforcement if disclosed;

(d) discussions regarding proposed, pending or current litigation;

(e) collective negotiations pursuant to article fourteen of the Civil
Service Law;

(f) the medical, financial, credit, character or employment history of
any person or corporation, or matters leading to the appointment,
employment, promotion, demotion, discipline, suspension, dismissal or
removal of any person or corporation;

(g) the preparation, grading or administration of examinations; and

(h) the proposed acquisition, sale or lease of real property, but only
when publicity would substantially affect the value of the property.

(6) Attendance at an executive session shall be permitted to any
member of the committee and any other persons authorized by the
committee.

b. (1) Minutes shall be taken at all open meetings of committees which
shall consist of a record or summary of all motions, proposals,
resolutions and any other matter formally voted upon and the vote
thereon.

(2) Minutes shall be taken at executive sessions of any action that is
taken by formal vote which shall consist of a record or summary of the
final determination of such action, and the date and vote thereon;
provided, however, that such summary shall not include any matter which
is not required to be made public by "the freedom of information law" as
added by Article six of the Public Officers Law.

(3) Minutes of meetings of all committees shall be available to the
public in accordance with the provisions of Article six of the Public
Officers Law, "the freedom of information law", and at such time and
place as prescribed by the Majority Coalition Leaders, provided,
however, that minutes for executive session meetings shall be available
to the public within one week from the date of such executive session.

c. The provisions of this section except paragraph three of
subdivision a, and subdivision b shall not apply to the Committee on
Rules.

d. Committee presentations. The chair of a committee may invite
interested persons to offer a presentation for a given amount of time on
a bill on the meeting agenda with notice provided to the ranking
Democratic Conference member no less than 72 hours in advance. Where a
committee chair makes such an invitation, the ranking member shall be
afforded an equal number of speakers who may speak for an equal amount
of time. In addition, the ranker, without consent of the chair, shall be
able to schedule 3 committee presentations with notice provided to the
chair at least 72 hours in advance. The chair shall be afforded an equal
number of speakers who may speak for an equal amount of time.

e. Motion for committee consideration. No motion for committee
consideration shall be in order after the first Monday in May. In the
course of a session year the sponsor of any bill may file, through the
Journal Clerk, no more than three motions for committee consideration.
Such motions shall be in order forty-five days after a bill has been
referred to such committee. Once a motion for committee consideration is
filed, the chair of the committee shall place the bill on a committee
agenda and schedule a vote on the bill within forty-five days, if the
forty-five days shall expire while the senate is in recess, the bill
shall be placed on the next regularly scheduled committee meeting's
agenda following the end of the forty-five day period. In the case of a
bill that is referred to a standing committee having secondary
reference, the bill shall be considered within the next two committee
meetings.