2015-E1086
Sponsored By
HEASTIE
co-Sponsors
Joseph Morelle
J. Gary Pretlow
Brian Kavanagh
Michael Blake
multi-Sponsors
Didi Barrett
Harry B. Bronson
David Buchwald
Kevin Cahill
text
2015-E1086
AMENDING section 2 of Rule II of the Assembly rules, in relation to
hours in session; amending section 4 of Rule II of the Assembly rules,
in relation to the floor calendar; amending section 1 of Rule III of the
Assembly rules, in relation to the electronic submission of sponsors
memos and the information provided on sponsors memos; amending paragraph
f of section 2 of Rule III of the Assembly rules, in relation to posi-
tioning of bills in the second year of the term of the Assembly; amend-
ing section 2 of Rule III of the Assembly rules, in relation to public
availability of fiscal impact notes; amending section 3 of Rule III of
the Assembly rules, in relation to electronic submission of multi-spon-
sorship requests; amending paragraph a of section 5 of Rule III of the
Assembly rules, in relation to copies of resolutions on member's desks;
amending section 5 of Rule III of the Assembly rules, in relation to the
introduction of privileged resolutions; amending paragraph a of section
1 of Rule IV of the Assembly rules, in relation to the Economic Develop-
ment, Job Creation, Commerce and Industry Standing Committee; amending
paragraph b of section 2 of Rule IV of the Assembly rules, in relation
to written or electronic copies of committee agendas; amending paragraph
e of section 2 of Rule IV of the Assembly rules, in relation to making
committee votes available online; amending section 2 of Rule IV of the
Assembly rules, in relation to the audio/video broadcast of committee
meetings; amending paragraph a of section 4 of Rule IV of the Assembly
rules, in relation to online publication of testimony from public hear-
ings; amending section 5 of Rule IV of the Assembly rules, in relation
to committee consideration; amending section 12 of Rule IV of the Assem-
bly rules, in relation to selection of the assembly committee on confer-
ence committees; amending section 2 of Rule V of the Assembly rules, in
relation to making floor votes available online; amending section 2 of
Rule VII of the Assembly rules, in relation to posting expenditure
reports online; amending section 3 of Rule VIII of the Assembly rules,
in relation to providing for an online FOIL form; and amending Rule X of
the Assembly rules, in relation to providing prompt availability of an
audio/video feed
RESOLVED, that section 2 of Rule II of the Assembly rules is amended to
read as follows:
º 2. Hours in session. The House shall convene at 2:00 P.M. on Monday
and 11:00 A.M. on other days unless otherwise ordered. No session shall
extend beyond eight hours nor shall it occur between [12:00 A.M.] 10:00
P.M. and [6:00] 8:00 A.M. provided, however, the House may remain in
session to complete action on a measure or measures being debated or to
take action on a measure or measures if a message of necessity has been
received from the governor in connection with such measure or measures
or upon a majority vote of all of the members elected to the Assembly.
For the purposes of this section, the passage of time shall be observed
in accordance with section fifty-two of the general construction law and
shall not include time that the House is in recess or standing at ease.
RESOLVED, that section 4 of Rule II of the Assembly rules is renum-
bered section 5 and a new section 4 is added to read as follows:
º 4. ASSEMBLY CALENDAR. ALL ASSEMBLY CALENDARS SHALL BE DELINEATED IN
A FORM PRESCRIBED BY THE SPEAKER. EACH SUCH CALENDAR SHALL AS APPLICA-
BLE, LIST BILLS ON SPECIAL ORDER OF SECOND AND THIRD READING, BILLS ON
SPECIAL ORDER OF THIRD READING, BILLS ON ORDER OF THIRD READING, STARRED
BILLS, AND RESOLUTIONS, AND SHALL FURTHER DELINEATE ANY BILLS NEWLY
REPORTED TO THE CALENDAR, BILLS AMENDED ON THIRD READING, BILLS FOR
WHICH THERE IS A HOME RULE MESSAGE, AND BILLS THAT REQUIRE A FISCAL NOTE
PURSUANT TO SECTION 50 OR 51 OF THE LEGISLATIVE LAW AND JOINT RULE I.
THERE SHALL BE AN INDEX OF SUCH DELINEATED MATERIAL.
RESOLVED, that paragraph f of section 1 of Rule III of the Assembly
rules is amended to read as follows:
f. Introducer's memorandum.
There shall be appended to every bill introduced in the Assembly, an
introducer's memorandum setting forth the purpose of the bill, a summary
of its provisions, a statement of its fiscal impact on the state AND ITS
LOCALITIES, a statement of its impact on the regulation of businesses
and individuals and a statement as to whether the bill imposes or chang-
es any fine, term of imprisonment, forfeiture of rights or other penal
sanction, together with the nature of such imposition or change [in a
format and length to be prescribed by the Speaker]. Whenever a bill is
amended by its sponsor, it shall be the duty of the sponsor to file an
amended memorandum setting forth the same material as required in the
original memorandum, AND DESCRIBING THE DIFFERENCES BETWEEN THE ORIGINAL
AND AMENDED VERSIONS. In addition, whenever a bill is reported by a
committee as amended, it shall be the duty of the committee to submit an
amended memorandum. SUCH MEMORANDUM SHALL BE SUBMITTED IN A WRITTEN OR
ELECTRONIC FORMAT TO BE PRESCRIBED BY THE SPEAKER.
RESOLVED, that subparagraph 2 of paragraph f of section 2 of Rule III
of the Assembly rules is amended to read as follows:
(2) Any Assembly BILL INTRODUCED IN THE FIRST YEAR OF THE TERM OF THE
ASSEMBLY, SHALL BE DEEMED TO BE REINTRODUCED FOR THE SECOND YEAR OF SUCH
TERM AND REFERRED TO THE COMMITTEE WHERE THE BILL WAS LAST REFERRED,
EXCEPT THAT: (I) ANY BILL THAT WAS LAST REFERRED TO THE COMMITTEE ON
RULES SHALL BE REFERRED TO THE COMMITTEE THAT REPORTED THE BILL TO THE
COMMITTEE ON RULES; (II) ANY BILL THAT WAS ON ORDER OF THIRD READING
SHALL BE ORDERED TO THE ORDER OF THIRD READING; (III) ANY bill [which in
the first year of the term of the Assembly] THAT was passed by the
Assembly and did not become law, was not vetoed, or was substituted by a
Senate bill which did not become law or [which] was not vetoed, [shall
be deemed to be reintroduced for the second year of such term and] shall
be ordered to the order of third reading, [except] AND FURTHER PROVIDED
that:
(a) any such bill which in such first year required a FISCAL NOTE AS
REQUIRED BY SECTION 50 OF THE LEGISLATIVE LAW OR home rule message for
passage shall be referred to the committee to which such bill was
originally referred;
(b) upon request of the introducer or the chairperson of the committee
to which such bill was originally referred, such bill shall be committed
.SO DOC A R1086 RESO TEXT 2015
to the committee to which it was originally referred provided, however,
such request may not be made later than the second Wednesday following
the commencement of the second year of the term of the Assembly;
(c) any such bill making an appropriation of money which was not
referred to a committee pursuant to the provisions of this paragraph,
shall be referred to the Committee on Ways and Means; and
(d) upon the request of the chairperson of the Committee on Ways and
Means, any bill not referred to a committee pursuant to subparagraph (a)
or (b) of this paragraph, which in such first year was reported and
referred to the Committee on Ways and Means pursuant to section six of
Rule IV shall be committed to the Committee on Ways and Means provided,
however, such request may not be made later than the second Wednesday
following the commencement of the second year of the term of the Assem-
bly.
RESOLVED, that section 2 of Rule III of the Assembly rules is amended
by adding a new paragraph i to read as follows:
I. WHENEVER A BILL REQUIRES A FISCAL IMPACT NOTE PURSUANT TO SECTION
51 OF THE LEGISLATIVE LAW AND JOINT RULE I, OR A HOME RULE MESSAGE
PURSUANT TO ARTICLE IX OF THE CONSTITUTION, SUCH FISCAL IMPACT NOTE OR
RECORD OF RECEIPT OF THE HOME RULE MESSAGE SHALL BE MADE AVAILABLE
THROUGH THE ASSEMBLY PUBLIC INFORMATION OFFICE, THE ASSEMBLY INTERNET
SITE AND THE LEGISLATIVE RETRIEVAL SYSTEM.
RESOLVED, that subparagraph 1 of paragraph a of section 3 of Rule III
of the Assembly rules is amended to read as follows:
(1) Multi-sponsors shall file a written OR ELECTRONIC request to act
as such with the Index Clerk of the Assembly on forms provided. The
request so filed shall indicate that the first name appearing on the
bill shall be deemed the introducer and all others deemed multi-spon-
sors.
RESOLVED, that paragraph a of section 5 of Rule III of the Assembly
rules is amended to read as follows:
a. Original resolutions, concurrent or otherwise other than privileged
resolutions may be introduced by a member under the proper order of
business on or before the last Tuesday in May of the second year of the
term of the Assembly. After the last Tuesday in May of such second year
no such resolution shall be introduced except by the Committee on Rules
or by message from the Senate or, with the consent of the Speaker, by
members elected at a special election who take office on or after the
last Tuesday in May. Such resolutions shall be in quadruplicate and
bear the name of the introducer and shall be referred to a standing
committee for consideration and report. No such resolution may be intro-
duced unless copies thereof first shall have been furnished to the
Speaker, the Majority Leader and the Minority Leader. Before the House
may vote on a resolution, copies of such resolution shall be placed on
each member's desk prior to such vote IN WRITTEN OR ELECTRONIC FORMAT.
RESOLVED, that subparagraph 8 of paragraph b of section 5 of Rule III
of the Assembly rules is amended to read as follows:
(8) resolutions in [memorium] MEMORIAM or honorific in nature,
PROVIDED, HOWEVER, THAT SUCH RESOLUTIONS SHALL BE PLACED ON EACH
MEMBER'S DESK IN EITHER WRITTEN OR ELECTRONIC FORMAT PRIOR TO THEIR
CONSIDERATION.
RESOLVED, that paragraph a of section 1 of Rule IV of the Assembly
rules is amended to read as follows:
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, JOB CREATION, COMMERCE
AND INDUSTRY ..................................... 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
RESOLVED, that paragraph b of section 2 of Rule IV of the Assembly
rules is amended to read as follows:
b. Each chairperson of a standing committee shall, by the Thursday of
the week preceding, furnish to the Speaker, the Majority and Minority
.SO DOC A R1086 RESO TEXT 2015
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 memo-
randum 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".
RESOLVED, that paragraph e of section 2 of Rule IV of the Assembly
rules is amended to read as follows:
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, THE ASSEMBLY INTERNET
SITE AND THE LEGISLATIVE RETRIEVAL SYSTEM.
RESOLVED, that section 2 of Rule IV of the Assembly rules is amended
by adding a new paragraph g to read as follows:
G. 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.
RESOLVED, that paragraph a of section 4 of Rule IV of the Assembly
rules is amended to read as follows:
a. During each legislative session, chairpersons of standing commit-
tees may call public hearings to permit interested persons, groups or
organizations the opportunity to testify orally or in writing on legis-
lation 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 of the members of the committee. SUCH
TESTIMONY IF SUBMITTED IN WRITING SHALL BE POSTED ON THE ASSEMBLY INTER-
NET SITE TO THE EXTENT PRACTICABLE.
RESOLVED, that section 5 of Rule IV of the Assembly rules is amended
to read as follows:
º 5. Consideration of bills; requests by sponsor. a. Each standing
committee may consider any bill referred to it at any time if otherwise
in conformity with these Rules. (1) In considering any bill, a standing
committee may vote favorably, unfavorably or to hold the bill for
further action and/or study, provided, however, that a motion to hold
which fails shall not be deemed to satisfy a request for consideration.
Insofar as may be practicable, each standing committee shall vote upon
such bills in the order in which such requests are filed, provided,
however, that a chairperson may schedule the consideration of bills
jointly if such bills deal with similar subject matter. [Committees
having original jurisdiction over bills upon which a request for consid-
eration has been filed shall schedule all such bills for committee
consideration by the third Tuesday in May of the second year of the term
of the Assembly.]
(2) No bill shall be considered by a standing committee unless the
final printed copy of the bill has been available to each member of the
committee for at least seven days and copies thereof have been available
to the general public and representatives of the news media for at least
such period of time. A bill reported by a standing committee with
amendments shall not be deemed to be a new bill for the purposes of the
provisions of this subdivision requiring bills to be available for at
least seven days prior to consideration by a standing committee.
Provided, however, that upon consent of a majority of the members of
such committee, any bill which is not in compliance with the foregoing
provisions of this paragraph, may be transmitted to the Committee on
Rules for further action in accordance with the provisions of subpara-
graph (b) of paragraph one of subdivision b of section ten of this Rule.
b. The sponsor of a bill referred to a standing committee may require
the committee to formally vote upon such bill by filing a request there-
for on an appropriate WRITTEN OR ELECTRONIC form to be furnished by the
Office of Journal Operations. With respect to such request for consider-
ation:
(1) The clerk of each standing committee, upon receiving such a
request must immediately issue a receipt therefor acknowledging the date
and time of filing;
(2) Requests for consideration may be submitted on bills that are
printed, as follows:
(a) no later than the [second] LAST Tuesday in [April] MARCH of the
second year of the term of the Assembly, except that after the [second]
LAST Tuesday in [April] MARCH of such second year through the [first]
THIRD Tuesday in [May] APRIL each member may submit a total of five
additional requests for consideration with a committee of original
jurisdiction, and a copy of such additional request shall be filed by
the Committee Clerk with the Committee on Standing Committees. COMMIT-
TEES HAVING ORIGINAL JURISDICTION OVER BILLS UPON WHICH A REQUEST FOR
CONSIDERATION HAS BEEN FILED SHALL SCHEDULE ALL SUCH BILLS FOR COMMITTEE
CONSIDERATION BY THE FIRST TUESDAY IN MAY OF THE SECOND YEAR OF THE TERM
OF THE ASSEMBLY; and
(b) in the case of a bill that is referred to a subsequent standing
committee, such request shall be submitted within thirty days after such
referral;
(3) Except with respect to bills referred to a standing committee
.SO DOC A R1086 RESO TEXT 2015
pursuant to the provisions of [paragraph] ITEM (III) OF SUBPARAGRAPH two
of [subdivision] PARAGRAPH f of section two of Rule III, requests for
consideration of any bill introduced by or at the request of a member
may be made only once in any two-year term of the Assembly;
(4) Once a committee has acted pursuant to such request, such commit-
tee shall not be required, during such two-year term, to again consider
such bill or to consider any substantially duplicative bill introduced
by, or at the request of such member subsequent to the consideration of
such bill by the committee; and
(5) With respect to a bill sponsored by the Committee on Rules at the
request of a member, either the Committee or the member at whose request
the bill has been introduced may file a request for consideration.
(6) IN ADDITION TO THE FOREGOING PROVISIONS OF THIS SECTION, SPONSORS
MAY FILE REQUESTS FOR COMMITTEE CONSIDERATION FOR UP TO FIVE INDIVIDUAL
BILLS IN THE FIRST YEAR OF THE TWO YEAR TERM AS FOLLOWS:
(A) NO LATER THAN THE SECOND TUESDAY IN APRIL OF THE FIRST YEAR OF THE
TERM OF THE ASSEMBLY, EACH MEMBER MAY SUBMIT A TOTAL OF FIVE BILL
REQUESTS FOR CONSIDERATION WITH A COMMITTEE OF ORIGINAL JURISDICTION,
PROVIDED, HOWEVER, THAT NO MEMBER SHALL SUBMIT MORE THAN ONE OF THESE
FIVE BILL REQUESTS WITH THE SAME STANDING COMMITTEE, AND A COPY OF SUCH
REQUEST SHALL BE FILED BY THE COMMITTEE CLERK WITH THE COMMITTEE ON
STANDING COMMITTEES. COMMITTEES HAVING ORIGINAL JURISDICTION OVER BILLS
UPON WHICH A REQUEST FOR CONSIDERATION HAS BEEN FILED SHALL SCHEDULE ALL
SUCH BILLS FOR COMMITTEE CONSIDERATION BY THE FIRST TUESDAY IN MAY OF
THE FIRST YEAR OF THE TERM OF THE ASSEMBLY; AND
(B) IN THE CASE OF A BILL THAT IS REFERRED TO A SUBSEQUENT STANDING
COMMITTEE, SUCH REQUEST SHALL BE SUBMITTED WITHIN THIRTY DAYS AFTER SUCH
REFERRAL.
RESOLVED, that section 12 of Rule IV of the Assembly rules is amended
to read as follows:
º 12. Assembly Committee on Conference Committees. There shall be an
Assembly Committee on Conference Committees to consist of five members;
provided, however that there shall be at least one minority member on
such committee. [Members of such committee shall be selected from among
Assembly leadership positions.] The Speaker shall appoint the chair-
person from among the membership of the committee. Such committee shall
meet at least once a month during the regular Legislative Session,
excluding January, and as necessary to review legislation passed by both
houses for the purpose of making recommendations for the convening of
conference committees pursuant to Joint Rule II of the Permanent Joint
Rules of the Senate and Assembly. The committee shall review requests
for conference committee made by the introducer of legislation. Recom-
mendations issued by the committee must be in writing and indicate any
dissenting opinion. Meetings of the Assembly Committee on Conference
Committees shall be subject to the provisions of article seven of the
Public Officers Law known as the "Open Meetings Law".
RESOLVED, that paragraph e of section 2 of Rule V of the Assembly
rules is amended to read as follows:
e. Copies of all roll calls, INCLUDING ALL RECORDED PROCEDURAL VOTES,
shall be made available to the Majority and Minority Leaders and repre-
sentatives of the news media within thirty minutes after completion
thereof and, as soon as practicable thereafter, shall be made available
for public inspection at a place designated by the Speaker, AND MADE
AVAILABLE ON THE ASSEMBLY INTERNET SITE AND THE LEGISLATIVE RETRIEVAL
SYSTEM.
RESOLVED, that section 2 of Rule VII of the Assembly rules is amended
to read as follows:
º 2. Expenditure reporting. Not later than January thirty-first, nine-
teen hundred ninety-six, the Speaker shall cause the establishment of a
system of expenditure reporting whereby expenditures of the House shall
be reported by such categories as he or she shall determine. Reports of
expenditures by such system shall be published in a WRITTEN AND ELEC-
TRONIC form to be prescribed by the Speaker, and shall report on all
expenditures of the House during each preceding reporting period. SUCH
REPORT SHALL BE MADE AVAILABLE ON THE ASSEMBLY INTERNET SITE.
RESOLVED, that section 3 of Rule VIII of the Assembly rules is amended
to read as follows:
º 3. Public information office. There shall be an Assembly Public
Information Office to provide and disseminate information to the media
and to the general public in accordance with the provisions of the
"Freedom of Information Law" and this rule. THE ASSEMBLY INTERNET SITE
SHALL INCLUDE AN ONLINE REQUEST FORM FOR ANY REQUEST OF RECORDS SUBMIT-
TED UNDER THE "FREEDOM OF INFORMATION LAW" AND THIS RULE, AND SHALL
INCLUDE A GUIDE TO THE PUBLIC INSPECTION AND COPYING OF LEGISLATIVE
RECORDS.
RESOLVED, that Rule X of the Assembly rules is amended by adding a new
section 3 to read as follows:
º 3. ALL TELEVISED PROCEEDINGS AS PROVIDED FOR IN THIS RULE SHALL BE
MADE AVAILABLE PROMPTLY ON THE ASSEMBLY INTERNET SITE.
RESOLVED, that the foregoing amendments to the RULES OF THE ASSEMBLY
take effect December 31, 2016.
actions
-
18 / Mar / 2016
- INTRODUCED
-
21 / Mar / 2016
- ADOPTED
Resolution Details
- Law Section:
- Resolutions, Assembly
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