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E00708 Summary:

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E00708 Text:

 
Assembly Resolution No. 708
 
BY: M. of A. Barclay
 
        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[.]; and
 
  [(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:
 
  §  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.

E00708 LFIN:

 
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