BILL NUMBER: S5113          REVISED 04/10/19

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
a quorum of the advisory council on lead poisoning prevention

 
PURPOSE:

To provide that a majority of the appointed voting membership shall
constitute a quorum for the Advisory Council on Lead Poisoning
Prevention.

 
SUMMARY OF PROVISIONS:

Section one amends section 1370 of the public health law, by adding a
new paragraph 3 to provide that a majority of the Advisory Council on
Lead Poisoning Prevention's appointed voting membership shall constitute
a quorum.

Section two provides an effective date.

              

 
JUSTIFICATION:

The Advisory Council on Lead Poisoning Prevention has struggled to
achieve a quorum due to a lack of appointees, which has obstructed the
Council's ability to provide the guidance it was formed to produce.
Similar issues have arisen with other bodies and, as a result, amend-
ments to the functioning of the Transplant Council and the Early Inter-
vention Coordinating Council were enacted in the last few years and have
proven helpful.

The General Construction Law Section 41 provides that, unless provided
otherwise, a government body's quorum shall be a majority of "the total
number which the...body...would have were there no vacancies and were
none of the persons or officers disqualified from acting."  Pursuant to
General Construction Law Section 110, this bill would exclude vacant
seats and nonvoting members from the total number from which a majority
is calculated.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately