Rules of the Assembly
Rule IV -- Committees
Section 1. Standing Committees.
- The standing committees shall be as follows:
Name of Committee
Number of Members
Alcoholism and Drug Abuse
Children and Families
Consumer Affairs and Protection
Corporations, Authorities and Commissions
Economic Development, Job Creation, Commerce and Industry
Ethics and Guidance
Libraries and Education Technology
Oversight, Analysis and Investigation
Racing and Wagering
Real Property Taxation
Tourism, Parks, Arts and Sports Development
Ways and Means
- The number of majority members of each standing committee shall be in the same ratio as the majority members of the House are to the entire membership of the House, with all fractional members being credited to the majority; provided, however that there shall be at least one minority member on each standing committee; and further provided that the Standing Committee on Ethics and Guidance shall consist of an equal number of majority and minority members. A member who in any calendar year has three or more unexcused absences, as determined by the chairperson or ranking minority member, as appropriate, from any regularly scheduled meeting of a standing committee at which bills are scheduled to be considered shall be removed from one or more of the standing committees to which he or she is assigned. The standing committee shall notify the member upon each unexcused absence and shall notify the Committee on Committees upon the second and any subsequent unexcused absences. The Committee on Committees shall notify the member of any resulting reduction in his or her committee assignments.
- Members of the Assembly shall serve on no more than six standing committees; provided, however that members serving as the chairperson of a standing committee shall serve on no more than five standing committees. Such limitations shall not apply to a member of the Assembly serving as an ex officio member of a committee pursuant to paragraph nine of subdivision c of section one of Rule I or for any member serving on a standing committee on an interim basis.
- All standing committees shall operate on an annual basis and their jurisdiction shall include, but not be limited to, the subject matter of each bill or resolution referred to them by the Speaker. Each standing committee shall propose legislative action and conduct such studies and investigations as may relate to matter within their jurisdiction. Each standing committee shall, furthermore, devote substantial efforts to the oversight and analysis of the activities, including but not limited to the implementation and administration of programs, of departments, agencies, divisions, authorities, boards, commissions, public benefit corporations and other entities within its jurisdiction. After adjournment sine die of the Legislature in an odd numbered year, standing committees may consider and act on pre-filed bills and bills carried over pursuant to subdivision f of section two of Rule III and may report such bills to the order of second reading for consideration by the Assembly at the next succeeding regular legislative session.
- No select, joint or joint legislative committee, except for the Temporary Joint Legislative Committee on Disaster Preparedness and Response, shall be created to make special studies or investigations by Assembly resolution or by any other resolution requiring the approval or concurrence of the Assembly except that an Assembly standing committee or subcommittee, or the staff thereof, may jointly consider, study or investigate with an appropriate Assembly or Senate standing committee or subcommittee or the staff thereof any subject matter which is within their jurisdiction.
- 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.
- 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".
- 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.
- 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.
- 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.
- he 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.
- 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.
§ 4. Hearings.
- During each legislative session, chairpersons of standing committees may call public hearings to permit interested persons, groups or organizations the opportunity to testify orally or in writing on legislation 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 Internet site to the extent practicable.
- Consistent with the provisions of subdivision d of section one of Rule IV hereof, the chairperson of each standing committee shall call at least one public hearing after the adoption of the state budget regarding the implementation and administration of programs of departments, agencies, divisions, authorities, boards, commissions, public benefit corporations and other entities within the jurisdiction of such committee. The purpose of such public hearing shall include, but not be limited to, the impact, if any, of the state budget on the implementation and administration of the programs within such entities' jurisdiction.
- Other public hearings may be called by committee chairpersons with prior consent of the Speaker and in accordance with procedure established by law.
- Each chairperson shall prepare a schedule setting forth the date and place for hearings and the subject matter to be considered thereat. Copies of such schedule shall be made available to the general public and representatives of the news media at least seven days prior to the date of such hearing and filed with the Assembly Public Information Office.
- Each standing committee may consider any bill referred to it at any time if otherwise in conformity with these Rules.
- 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.
- 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 subparagraph (b) of paragraph one of subdivision b of section ten of this Rule.
- The sponsor of a bill referred to a standing committee may require the committee to formally vote upon such bill by filing a request therefor on an appropriate written or electronic form to be furnished by the Office of Journal Operations. With respect to such request for consideration:
- The clerk of each standing committee, upon receiving such a request must immediately issue a receipt therefor acknowledging the date and time of filing;
- Requests for consideration may be submitted on bills that are printed, as follows:
- no later than the last Tuesday in March of the second year of the term of the Assembly, except that after the last Tuesday in March of such second year through the third Tuesday in 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. 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 second year of the term of the Assembly; and
- 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;
- Except with respect to bills referred to a standing committee pursuant to the provisions of item (iii) of subparagraph two of 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;
- Once a committee has acted pursuant to such request, such committee 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
- 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.
- 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:
- 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
- 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.
- A standing committee may report any bill, either with or without amendments, or it may report adversely to the same or it may report that a bill has been held for further action and/or study. Upon a favorable report of the committee on an Assembly Bill amended by the Senate, the bill shall appear upon the Calendar under the heading "Assembly Bills amended by the Senate".
- A report of a committee must contain the name of the committee making the same, the matter reported on, the name of the introducer and if a bill or resolution, the number of such bill or resolution. Such report shall state whether such matter was reported:
- favorably, with or without amendments or referred to another committee;
- for the consideration of the House;
- for concurring in Senate amendments;
- for repassing a Senate bill which has been recalled and amended; or
- held for further action and/or study.
- If the report be on a resolution, petition, memorial or remonstrance it must contain the recommendations, if any, of the committee thereon.
- A list of the bills reported under their final numbers shall be filed by the clerks of the committees with the Speaker, the Majority Leader, the Minority Leader, the Clerk of the Assembly, the Office of Assembly Revision and the Index Clerk. The Committee on Rules shall not be required to file such lists with the Speaker, the Majority Leader or the Minority Leader.
- All bills, except budget appropriation bills, reported favorably or for consideration, if reported with amendments, shall be reprinted immediately, and all new matter proposed by the committee to be added or inserted in existing law shall be underscored and all matter to be eliminated from existing law, shall be printed in its proper place enclosed in black-faced brackets. Where a committee amends a bill by eliminating proposed new matter, such new matter shall be omitted in the reprint of the bill.
- All budget appropriation bills reported favorably or for consideration, if reported with amendments, shall be immediately reprinted, and the amendments proposed by the committee shall be underscored in their proper place except in cases where the committee recommends eliminating certain words or figures, in which cases such words or figures shall be printed enclosed in black-faced brackets.
- All bills favorably reported shall, if the report be agreed to, be placed on the order of second reading, except that any bill providing for a state appropriation, or creating or increasing a charge (i) upon the state or (ii) upon a local government shall, when favorably reported by any committee other than the Committee on Ways and Means, be referred to the Committee on Ways and Means. In the event such a bill is not referred to the Committee on Ways and Means, the chairperson of such Committee may require such referral, subject to the approval of the Speaker. Where a committee report is not agreed to, the bill shall be before the House for disposition.
- Any bill, the subject matter of which is also within the jurisdiction of another committee of the House may, subject to the approval of the Speaker, be favorably reported and referred or simply referred to such other committee for review and recommendation only.
- Any bill which is referred to a standing committee other than the Committee on Codes and which:
- imposes or changes any fine, term of imprisonment, forfeiture of rights or other penal sanction; or
- relates to the procedure by which such fine, term of imprisonment, forfeiture of rights or other penal sanction is imposed or changed, shall, when favorably reported by the committee having original jurisdiction, be referred to the Committee on Codes for the purpose of having such Committee review and consider only such penalty or procedural provisions of such bill and to thereafter favorably report such bill with amendments, if necessary, to such penalty or procedural provisions. In the event that such a bill is not referred to the Committee on Codes, the chairperson of such Committee may require such referral, subject to the approval of the Speaker.
- Where a bill has been reported adversely, and such report shall be agreed to by the House, it shall be considered rejected. No bill shall be reported adversely by any committee until ten days after the reference of such bill to the committee and the bill shall have been printed and been upon the desks of the members for ten days.
- No bill shall be reported by a committee, except in its last amended form at the time of such report. Whenever a bill which is in committee is amended, the clerk of such committee shall promptly return to the Office of Journal Operations the original copy of such bill.
- Where a "home rule" request, or a certificate of necessity or an emergency message from the Governor is required as provided in any section of Article IX or Article XIII of the Constitution, such request, certificate or message must be filed with the Office of Journal Operations before such bill can be reported by a committee.
- Concurrent resolutions proposing amendments to the State Constitution shall be initially referred to the standing committee having jurisdiction over the subject matter of the contents of such resolution. Such concurrent resolution shall, when favorably reported by such committee, be referred to the Committee on Judiciary for final consideration. In the event that such a resolution is not referred to the Committee on Judiciary, the chairperson of such Committee may require such referral subject to the approval of the Speaker.
- On and after the first legislative day in June, all bills favorably reported by a standing committee which would otherwise be placed on the order of second reading shall be referred, in accordance with paragraph one of subdivision b of section ten of Rule IV, to the Committee on Rules.
- No standing committee shall be discharged from the consideration of a bill or resolution until after the printed bill or resolution has been assigned by the Index Clerk to the committee and only in accordance with the provisions of this section.
- A standing committee shall not be discharged from the consideration of a bill or resolution except upon motion and by a vote of a majority of all the members elected to the Assembly. No such motion shall be in order, until the committee has had sixty days from the date of referral to such committee to consider such bill nor shall such motion be in order on or after the first Tuesday in May except with unanimous consent of the members or in the discretion of the Speaker where proper notice has been given prior to the first Tuesday in May.
- On any legislative day, not more than one motion to discharge shall be in order;
- A motion to discharge may only be made by the sponsor of the bill or resolution who has timely filed a request for consideration pursuant to section five of this rule.
- Each motion to discharge, when timely made, shall be placed on the Motion to Discharge Calendar, which shall be printed within two legislative days. No motion to discharge may be considered by the House until such motion has been on such calendar for a period of five calendar legislative days.
- All committees shall have the authority to act upon bills until the adjournment sine die of the House.
- Each committee shall, upon adjournment sine die of the House, file an action report which includes a summary of its action on all bills originally referred to it, setting forth the total number of such bills, and the number thereof:
- reported to the House;
- defeated in committee;
- otherwise disposed of; and
- held for further consideration and action.
§ 10. Committee on Rules.
- At any time during the session, a bill or
resolution may be introduced by the Committee on Rules and shall be
referred to a committee; provided however that all bills shall be
referred to a standing committee other than the Committee on Rules, for
consideration. A bill or resolution introduced at the request of a member shall, if the member so requests, have his or her name included on
both the original and printed copies of the bill or resolution as follows:
"Introduced by the Committee on Rules (at the request of M. of A.........)."
- The general functions of the Committee on Rules shall be:
- to determine the order on the Calendar of bills reported by the other standing committees of the Assembly and such Committee shall be deemed to be a standing committee only for the purpose of regulating Calendar practices including:
- the introduction of a bill;
- the ordering of a bill directly to special order of second and third reading transmitted to it from any other standing committee as provided by these Rules;
- the ordering of a bill, otherwise on second reading, directly to a special order of second and third reading; and
- the review of each message of necessity issued by the Governor pursuant to Article III of the Constitution and the ordering of a bill to a special order of second and third reading for which any such message has been issued; provided, however that prior to the ordering of a bill for second and third reading, such message must be accepted by an affirmative vote of a majority of all the members of the Committee on Rules;
- to regulate the housekeeping practices of the Assembly;
- to establish minimum qualifications for each category of staff employees; and
- to establish and maintain minimum duties and standards of effectiveness for all staff employees.
§ 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. The Speaker shall appoint the chairperson 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. Recommendations 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".
§ 13. Ethics training. The Standing Committee on Ethics and Guidance shall develop and regularly update a course of instruction for all members and employees of the Assembly with regard to the laws and policies governing their conduct. The committee shall recommend to the Speaker an ethics training plan for implementing and scheduling such course of instruction.