ASSEMBLY RESOLUTION amending the Assembly Rules, in relation to making
amendments thereto
RESOLVED, That the Assembly rules is amended to read as follows:
RULE I
SPEAKER
Section 1. Powers and Duties. The Speaker shall: a. take the chair
each day at the hour to which the House adjourned;
b. call the House to order, lead the Members of the Assembly in the
Pledge of Allegiance to the Flag of the United States of America, and,
except in the absence of a quorum, proceed to business in the manner
prescribed in these Rules; and
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 ther-
eof, except where the House shall otherwise order;
(4) [may] shall create such sub-committees of each standing committee,
jointly with the chairperson of the standing committee, as may be deemed
necessary;
(5) shall appoint the chairpersons and members of all sub-committees
thereof, except where the House shall otherwise order;
(6) 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 legis-
lative law;
(7) shall not be required to vote in ordinary legislative proceedings,
except where such vote would be decisive;
(8) shall be a member and Chairperson of the Committee on Rules;
(9) 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) shall appoint such other officers as he or she deems necessary to
the conduct of the affairs of the Assembly;
(11) 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) shall execute the judgment of the House, without debate, in cases
of adjudged breach of its privileges; and
(13) 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.
(14) 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.
§ 2. Vacancy. Whenever a vacancy shall occur in the office of the
Speaker, the Majority Leader shall be the Acting Speaker until the
Assembly shall re-assemble.
§ 3. Assembly Chamber, lobbies, rooms and property. a. The use of the
Assembly Chamber, lobbies, rooms and property shall be controlled by the
Speaker. He or she shall direct the Sergeant-at-Arms to perform such
acts as may be necessary to preserve order. [The Speaker shall prohibit
smoking in the Assembly Chamber while the Assembly is in session.]
b. The following persons shall be entitled to admission to the floor
of the House during the session thereof:
(1) the Governor and Lieutenant-Governor;
(2) the members and former members of the Assembly and the Senate;
(3) the elected State officers and their deputies;
(4) persons in the exercise of an official duty directly connected to
the business of the House; and
(5) the representatives of the news media designated by the Speaker.
c. No other person shall be admitted to the floor during the session,
except upon the permission of the Speaker or by vote of the House; and
persons so admitted shall be allowed to occupy places only in the seats
in the rear of the Assembly Chamber. Such permission may be revoked by
the Speaker, at pleasure, or upon order of the House.
d. No person shall be admitted to the floor of the Assembly Chamber
who is interested in pending or contemplated legislation, or who is
employed by or receives compensation from any public or private source
for influencing legislation.
e. No person other than a member shall occupy the chair of a member
during the session of the House.
f. No person shall have access to or be permitted within or by the
Clerk's desk during the session of the House, except officers of the
House in the discharge of their official duties.
g. The Speaker may, at pleasure, recognize a member for the purpose of
introducing guests in the chamber.
§ 4. Sergeant-at-Arms. Subject to the direction of the Speaker, the
Sergeant-at-Arms shall enforce the Rules of the House, enforce order in
the Assembly Chamber, lobbies and rooms, exclude all persons from the
floor except such as are entitled to the privileges of the same and
perform such other duties as the Speaker may direct.
§ 5. Sexual harassment policy. The Speaker shall promulgate a policy
prohibiting sexual harassment, which shall, at a minimum, be applicable
to members of the Assembly and Assembly staff, define the conduct which
is prohibited, establish a process for the resolution of complaints of
such conduct, and provide for appropriate training for all members of
the Assembly and Assembly staff. Nothing contained herein shall be
deemed to require the repromulgation of a sexual harassment policy
statement which is already in effect and which meets the requirements of
this rule. Copies of the sexual harassment policy promulgated hereunder
shall be distributed to all members of the Assembly and Assembly staff
and shall be available to the public.
§ 6. Affirmative action policy. The Speaker shall promulgate a policy
with respect to affirmative action, which shall, at a minimum:
(a) prohibit employment discrimination on the basis of race, color,
creed, sex, religion, age, sexual orientation, national origin, disabil-
ity [or Vietnam veteran], genetic predisposition or carrier status,
marital status or military status;
(b) appoint an affirmative action officer who shall report annually to
the Speaker;
(c) create an affirmative action advisory committee to assist the
affirmative action officer in the implementation of such policy;
(d) require that the human resources office of the Assembly undertake
recruitment of minority and protected-class individuals;
(e) establish a process for the resolution of complaints of discrimi-
nation; and,
(f) create a system by which such policy is disseminated and enforced.
Nothing contained herein shall be deemed to require the repromulgation
of an affirmative action policy which is already in effect and which
meets the requirements of this rule. Copies of the affirmative action
policy promulgated hereunder shall be distributed to all members of the
Assembly and Assembly staff and shall be available to the public.
§ 7. Budget adoption schedule. Within ten days of submission of the
budget by the Governor, the Speaker shall promulgate a schedule of dates
for consideration and passage of the budget appropriation and related
bills. Such dates shall include dates for public hearings on such bills,
dates for the issuance of forecasts and dates for the passage of such
appropriation bills. Such schedule, to the extent practicable, shall be
promulgated jointly with the Temporary President of the Senate.
Provided, however, upon the adoption of a budget adoption schedule
pursuant to Joint Rule II, the provisions of such Joint Rule shall
supercede the provisions of this section.
RULE II
ORDER OF BUSINESS AND MOTIONS
Section 1. Stenographer. It shall be the duty of the Stenographer of
the Assembly to be present at every session of the House. A daily steno-
graphic record of the proceedings of the House shall be made and copies
thereof shall be available to the public, at a place designated by the
Speaker, within ten days following the date upon which the proceedings
took place.
§ 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. and 6:00
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.
§ 3. Order of business. a. The first business of each day's session
shall be the reading of the Journal of the preceding day, and the
correction of any errors that may be found to exist therein, provided,
however, that such reading of the Journal may be waived, without debate,
upon a majority vote of the members present and provided further that on
any day on which bills on any order of third reading are before the
House for final disposition, and a vote is to be taken thereon, a roll
call of the members shall be taken for attendance purposes prior to the
reading of such Journal. Such roll call may be taken by electronic
device. Immediately thereafter, except on days and at times set apart
for the consideration of special orders, the order of business, which
shall not be departed from except by a vote of two-thirds of the members
present, to be determined by a call of the roll, shall be as follows:
(1) messages from the Governor and from the Senate, communications
from State officers and reports from State institutions;
(2) introduction of bills and reference to committee;
(3) reports of committees;
(4) bills on second reading;
(5) bills on third reading;
(6) Assembly bills amended by the Senate; and
(7) [Senate bills recalled from the Governor and amended; and
(8)] introduction of original resolutions.
b. Notwithstanding the provisions of subdivision a of this section,
messages from the Governor and Senate, communications and reports from
State officers, reports from the Judiciary Committee which involve the
right of a member to his or her seat and reports from the Committee on
Rules shall be received at any time.
c. When consideration of the orders of the day is not finished, those
not acted upon shall be the orders for the next and each succeeding day
until disposed of, and shall be entered first in the Calendar without
change in their order.
d. Any matter may be made a special order for any particular day by
the assent of two-thirds of the members present. When so made, a simi-
lar vote shall be required to rescind or postpone such matter.
e. Petitions, memorials and remonstrances may be presented to the
Clerk of the Assembly at the close of each day's session.
§ 4. Motions; previous questions. a. When a question is before the
Assembly, only the following motions shall be received, and such motions
shall have precedence in the order stated:
(1) for an adjournment of the House;
(2) a call of the House;
(3) for the previous question;
(4) to lay on the table;
(5) to postpone to a certain day;
(6) to commit;
(7) to amend;
(8) to postpone indefinitely; and
(9) to strike from the Calendar.
b. A motion to reconsider any vote must be made on the same day on
which the vote proposed to be reconsidered was taken, or within the
three legislative days next succeeding such day, and except in the case
of a vote on the final passage of a bill, by a member who voted in the
majority, providing, however, that the vote upon the final passage of a
bill recalled from [the Governor or] the Senate may be reconsidered at
any time after it is returned to the House. A motion to reconsider may
be made under any order of business but shall be considered only under
the order of business in which the vote proposed to be reconsidered
occurred. The motion to reconsider the vote on the final passage of any
bill shall be privileged to any member, but no motion for the reconsid-
eration of any vote shall be in order, after a bill, resolution,
message, report, amendment or motion upon which the vote was taken shall
have gone out of the possession of the House, unless subsequently
recalled by a vote of the House and in possession of the Clerk of the
Assembly.
c. When a motion for reconsideration is decided, that decision shall
not be reconsidered, and no question shall be twice reconsidered; nor
shall any vote be reconsidered upon the following motions:
(1) to adjourn;
(2) to lay on the table;
(3) to take from the table; and
(4) for the previous question.
d. [A motion to recall a bill from the Governor for correction may be
made by or on behalf of the member who introduced the bill, under any
order of business, and the votes for consideration and amendment of such
bill may be taken immediately upon its return.
e.] The "previous question" shall be put as follows: "Shall the main
question now be put?" and until it is decided, shall preclude all amend-
ments or debate. When, on taking the previous question, the House shall
decide that the main question shall not now be put, the main question
shall be considered as still remaining under debate. The "main question"
shall be the advancement or passage of the bill, resolution or other
matter under consideration; but when amendments are pending, the ques-
tion shall first be taken upon such amendments in their order.
RULE III
BILLS AND RESOLUTIONS
Section 1. Contents.
a. Title.
(1) The title of every bill shall briefly state the subject thereof.
(2) The title of every bill amending or repealing any provision of a
consolidated law shall refer to such law.
(3) The title of every bill amending or repealing any unconsolidated
law shall refer to such law by its short title, if it have one; if it
have no short title, the title of such bill shall state the chapter
number, year of enactment and the complete title of the original bill or
a short summary of the provisions to which the law relates.
(4) If such bill is amending or repealing a proposed provision of law
contained in a bill that has not been enacted into law, the title shall
state the number of the bill containing the proposed provision of law to
be amended or repealed, with suffix, if there be one, and the subject of
the provisions to which the amendatory bill relates.
b. Bill sections.
(1) In any bill, each section proposing an amendment to or the repeal
of: (i) any consolidated law, or any part thereof; or (ii) the Family
Court Act, the Court of Claims Act, the Uniform District Court Act, the
Uniform Justice Court Act, the Uniform City Court Act, the New York City
Charter, the Administrative Code of the City of New York, the New York
City Civil Court Act, the New York City Criminal Court Act, or the Char-
ter of the City of Buffalo, or any part thereof shall refer to such law,
act, charter or code.
(2) In any bill, each section proposing an amendment to or the repeal
of an unconsolidated law having a short title, or any part thereof,
shall refer to such law by its chapter number and year of enactment and
its short title. If an unconsolidated law shall have no short title,
each section shall state the chapter number and year of enactment of
such law and a short summary of the provisions to which the law relates
or the complete title of the original bill.
(3) If such section amends or repeals a proposed provision of law
contained in a bill that has not been enacted into law, each section
shall state the number of the bill containing such proposed provisions
of law to be amended or repealed, with suffix, if there be one.
(4) If the portion of the law proposed to be amended has been added,
renumbered or amended since the original enactment or last general
revision of the law of which it is a part, such section shall also state
the chapter number and year of the last act adding, renumbering or
amending the same, as the case may be.
c. Body.
(1) Every bill amending, adding to or repealing existing law, upon its
introduction, and if reprinted, must, in the body of the bill have:
(a) All new matter to be added to or inserted in existing law under-
scored;
(b) All matter to be eliminated by amendment from existing law printed
in its proper place in the bill enclosed in black-faced brackets;
(c) The word "repealed," when any existing law or part thereof is
proposed to be repealed, printed in boldface type; and
(d) Whenever it is proposed to amend only a part of a word in existing
law, the whole of such word shall be printed in its proper place
enclosed in black-faced brackets and the whole word as proposed shall be
underscored.
(2) Whenever a bill is amended by eliminating proposed new matter,
such new matter shall be omitted in the reprint of the bill.
d. Explanatory note.
There shall be appended at the end of every bill introduced in the
Assembly, which proposes the repeal or extension of any existing law, or
part thereof, merely by reference thereto, without setting forth the
text thereof, an explanatory note which shall briefly and concisely
state the subject matter of the law, or part thereof, proposed to be
repealed or extended, unless such subject matter is stated in the title
of such bill.
e. Nonconforming bills.
Whenever it shall be called to the attention of the Speaker that any
bill introduced is not drawn or printed in accordance with the
provisions of this Rule, the Speaker may, in his or her discretion,
direct the [Revision] Index Clerk to cause such bill to be immediately
amended and reprinted so as to comply therewith, and when reprinted said
bill shall be restored to the place it held when such direction was
given.
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, a
statement of its impact on the regulation of businesses and individuals
and a statement as to whether the bill imposes or changes 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.
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.
§ 2. Introduction.
a. Every bill introduced in the House shall be in duplicate and accom-
panied by the introducer's memorandum in [triplicate] quadruplicate.
Such bill shall be presented by the introducer to the Index Clerk and[,
on the same day,] delivered by the Index Clerk to the Office of Assembly
Revision [Clerk] for the purposes set forth in subdivision a of section
eight of this Rule. Thereafter, such bill shall be referred to a stand-
ing committee by the Speaker, assigned a number, printed and placed on
the desks of the members. The Index Clerk shall, on the day of its
introduction, cause such bill to be transmitted to the printer. A copy
of each bill shall be available for public inspection in the Office of
[the] Assembly Revision [Clerk]. The Office of Assembly Revision [Clerk]
shall maintain a photocopy machine for use by the public to copy any
such bill at a per page price to be established by the Speaker pursuant
to the "Freedom of Information Law".
b. Each time a bill is amended and reprinted, a letter of the alpha-
bet, starting with "A", shall be added to its number.
c. All bills, whether introduced in the House or communicated by
message from the Senate, or by the Governor pursuant to Article VII of
the Constitution, shall be deemed to have had their first reading unless
otherwise ordered by the House and shall be referred to a standing
committee, to consider and report thereon. At any time the Speaker may,
with the consent of the House, change the reference of any bill. Every
message from the Senate communicating an amendment to an Assembly bill[,
or a Senate bill which has been recalled from the Governor and amended,]
shall, except with unanimous consent for immediate passage, be referred
to the committee which reported the bill with power to report at any
time.
d. No bill shall be introduced in the House except in one of the
following modes:
(1) by a member;
(2) by a report of a standing committee;
(3) by order of the House;
(4) by message from the Senate; and
(5) by the Governor under Article VII of the Constitution.
e. (1) Any Assembly bill introduced in the regular legislative session
of the first year of the term of the Assembly shall be deemed to be
reintroduced for the second year of such term, provided such bill was:
(a) not reported from a standing committee;
(b) reported and referred;
(c) recommitted to a standing committee; or
(d) referred back to a standing committee by the Committee on Rules
immediately prior to adjournment sine die.
(2) Any Assembly bill which in the first year of the term of the
Assembly 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 committed to the Committee on Rules which
shall, by the third Wednesday in April, order the bill to a special
order of second and third reading, except that:
(a) any such bill which in such first year required a 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 referred
to the committee to which it was originally referred provided, however,
such request may not be made later than the first Tuesday in February;
(c) any such bill making an appropriation of money which was not
referred to a committee other than the Committee on Rules 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 first Tuesday in
February.
f. When a bill is submitted or proposed by the Governor by authority
of Article VII of the Constitution, it shall become, for all legislative
purposes, a legislative bill, and upon receipt thereof by the Assembly
it shall be endorsed "Budget Bill" and be given a number by the Index
Clerk, and shall be referred to the Committee on Ways and Means and be
printed. Bills submitted by the Governor, other than those submitted
pursuant to Article VII of the Constitution, shall carry the designation
"Introduced at the request of the Governor".
g. Whenever a member requests the preparation of legislation from the
Legislative Bill Drafting Commission, the bill drafter assigned to
prepare such legislation shall determine if a similar bill has already
been introduced, and, if a similar bill has been introduced, the Legis-
lative Bill Drafting Commission, on forms prescribed by the Commission,
shall notify the member of such fact and inform him that subdivision b
of section three of Rule III hereof permits a member to become a multi-
sponsor of a bill already printed by filing a request therefor with the
Index Clerk. Notwithstanding that a similar bill has previously been
introduced, a member shall have the right to have the legislation
requested prepared by the Commission for introduction.
§ 3. Multi-sponsorship. a. Any number of members of the Assembly may
join in the multi-sponsorship of a bill. When a bill is first intro-
duced and before it is printed, the names of all multi-sponsors shall
appear on the printed bill upon the following conditions:
(1) Multi-sponsors shall file a written 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-sponsors.
(2) The introducer shall at all times retain exclusive control of the
bill.
(3) After a multi-sponsored bill has been printed, any multi-sponsor
desiring to withdraw from such multi-sponsorship shall file a written
request on forms provided, so that such member's name will be stricken
as a multi-sponsor from the records of the Index Clerk. The printed
bill, however, shall not be reprinted.
b. Members of the Assembly and members-elect may multi-sponsor bills
that have been pre-filed and bills introduced after the opening of each
legislative session upon the following conditions:
(1) After a bill has been introduced and printed and before [it has
been reported favorably out of the committee to which it was referred,]
final passage any member or members may file with the Index Clerk, on
forms provided, to become a multi-sponsor of such bill, which forms must
be signed by the introducer and the multi-sponsor.
(2) Such bill shall not be reprinted solely for the purpose of adding
or deleting names of multi-sponsors.
(3) The introducer shall at all times retain exclusive control of such
bill.
(4) Any member, having become a multi-sponsor of a bill, may withdraw
from such by filing a written request with the Index Clerk, on forms
provided, requesting such member's name be stricken as a multi-sponsor
from such clerk's records.
(5) Any member who has become a multi-sponsor of a bill in the manner
set forth herein shall have the right to distribute such bill bearing
the endorsement "multi-sponsored by" and insert his or her own name as
multi-sponsor.
§ 4. Final day. a. The final day for the unlimited introduction of
bills, including those recommended by the state government, local
governments, public authorities and other public corporations and all
departments, agencies and other instrumentalities thereof shall be the
first Tuesday in [March] May. After the first Tuesday in [March] May,
each member of the Assembly may continue to introduce bills, through the
last Tuesday in [March] May, provided, however, no member may introduce
more than ten bills during such latter period. After the last Tuesday in
[March] May, no bill shall be introduced except by the Committee on
Rules, 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
first Tuesday in [March] May.
b. Notwithstanding the provisions of subdivision a of this section,
bills may be introduced at any time by unanimous consent of the House[,
except that no bill may be introduced on Fridays, unless submitted by
the Governor or introduced by the Committee on Rules or by message from
the Senate].
§ 5. Resolutions.
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 [March] May. After the last
Tuesday in [March] May 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 [March] May. Such resol-
utions 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 introduced 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 resol-
ution shall be placed on each member's desk prior to such vote.
b. The following resolutions and motions relating thereto shall be
considered privileged and their presentation and consideration shall be
in order under any order of business:
(1) resolutions recalling a bill from the [Governor or] Senate;
(2) resolutions returning a bill to the [Governor or] Senate;
(3) resolutions relating to the disposition of matters immediately
before the House;
(4) resolutions relating to the business of the day including
adjournment or recess;
(5) resolutions relating to the impeachment of State or judicial
officers;
(6) resolutions relating to printing bills, documents or chapter
slips;
(7) resolutions relating to the reports of joint legislative commit-
tees; and
(8) resolutions in memorium.
c. Messages from the Senate communicating a concurrent resolution
shall, if objection is made to immediate consideration, be referred to
the appropriate committee with power to report at any time.
d. Concurrent resolutions proposing amendments to the Constitution of
the State and concurrent resolutions ratifying proposed amendments to
the Constitution of the United States shall, for all legislative
purposes, be deemed to be and treated as bills.
e. All resolutions calling for or leading to expenditures, except
resolutions for printing extra copies of bills, documents and chapter
slips, shall be referred to the Committee on Ways and Means and all
other resolutions shall be referred to the Committee on Rules or to such
other appropriate standing committee as the Speaker may designate.
f. All resolutions shall be adopted by a majority vote of the members
present and voting, provided, however, concurrent resolutions proposing
amendments to the Constitution of the State or ratifying amendments to
the Constitution of the United States and resolutions calling for or
leading to the expenditure of money shall be adopted by a vote of a
majority of all the members elected to the Assembly.
§ 6. Amendments.
a. No amendment to a bill may be offered unless the member proposing
the amendment delivers three copies of the bill with the proposed amend-
ment correctly marked thereon and six copies of the detailed description
of such amendment to the Clerk of the Assembly.
b. A copy of each amendment offered by the sponsor of a bill shall be
provided by Journal Operations to the chairperson and ranking minority
member of any standing committee that previously reported such bill.
[b.] c. Prior to the commencement of debate on a bill to which an
amendment is offered by a member other than the introducer, the Clerk of
the Assembly shall make copies thereof and cause one copy to be placed
on the desk of each member of the House. When there is more than one
amendment to a bill and one of such amendments is adopted, any of the
other amendments so offered shall, if so requested by the member offer-
ing same, be debated and voted upon immediately after such adoption,
provided, however, that such other amendments are offered to those
provisions of the bill not changed by the adopted amendment and are
consistent with the provisions of the adopted amendment.
[c.] d. If a motion to amend prevails, the Clerk of the Assembly shall
distribute copies of the bill with the amendment correctly marked there-
on together with copies of the detailed description of the amendment to
the appropriate Assembly offices for purposes of renumbering and print-
ing the bill as amended.
[d.] e. No amendment shall be allowed to any bill which is not germane
to the original object or purpose thereof.
§ 7. Reading of bills. a. Every bill shall receive three separate
readings, and on three different days, previous to its passage, except
by unanimous consent or when made a special order, or when accompanied
by a message of necessity pursuant to section 14 of Article III of the
Constitution.
b. Bills on the order of second reading shall be subject to debate
before the motion to order them to a third reading is entertained.
One-half hour shall be allowed for such debate, but no person shall
speak more than fifteen minutes, except by consent of the House. The
main question, however, if ordered, shall be on the advancement of the
bill; but when amendments are pending the question shall first be taken
upon such amendments in their inverse order.
c. No bill shall be considered for third reading until it shall have
been on the printed Calendar of the House on two legislative days on
that order, except where made a special order by report of the Committee
on Rules, in which case it may be considered on second and third reading
on the same day.
d. In all cases where unanimous consent is asked for advancing a bill
or entertaining a motion or resolution out of its order, it shall be the
duty of the Speaker to proclaim such request and determine if such
consent will be granted.
e. A bill appearing on the Calendar may be "starred" by or at the
request of the introducer, whereupon all further action on such bill
shall be suspended, although it retains its place on the Calendar. Other
than for the purpose of amendment or recommittal, a star may not be
removed from a bill until one day after the request therefor. A bill on
any order of third reading which has been laid aside by or at the
request of the introducer on three separate days shall be automatically
starred.
f. Substitution of Bills. Where there is a Senate bill in a standing
committee and the identical Assembly bill is on the order of second or
any order of third reading, the Senate bill may be substituted for the
Assembly bill upon a motion by, or on behalf of, the introducer and a
vote of a majority of the members present and voting. The motion to
substitute may also be made on an identical Assembly bill which has been
passed, recalled, vote reconsidered and restored to third reading.
§ 8. Revision and engrossing.
a. The Office of Assembly Revision [Clerk] shall examine and correct
all bills, for the purpose of avoiding repetitions, insuring accuracy in
the text and references, and consistency with the language of the exist-
ing statutes. Any recommendation of the Office of Assembly Revision
[Clerk] which requires further amendment of the bill shall be handled by
the member introducing it or by the Majority or Minority Leader as a
regular amendment to the bill.
b. All bills when ordered to a third reading except Senate bills which
have not been amended in the House, or bills, which have been made a
special order on second and third reading, shall be sent to the
[Engrossing] Index Clerk to be jacketed with the proper jurat for
certification of final passage. Each such bill shall, after passage by
both Houses, be engrossed, if so ordered by the Speaker, or stamped
"Engrossed Copy" in which case it shall be deemed to have been
engrossed. [Thereafter, such bill shall be delivered to the Index
Clerk.]
§ 9. Transmittal of bills to the Governor. All Assembly bills passed
by the Assembly and sent to the Senate for action shall, upon passage
and return by the Senate to the Assembly, be transmitted by the Index
Clerk to the Governor within ten legislative days after receipt from the
Senate, except that [whenever the Legislature shall adjourn other than
sine die for a period of ten days or more, such bills shall be transmit-
ted to the Governor within thirty days after such receipt] any bill
returned for transmittal to the Assembly after the first of May and
before the first of June shall be transmitted to the Governor within
thirty days of such receipt, and any bill returned for transmittal to
the Assembly on or after the first of June shall be transmitted to the
Governor within forty-five days of such receipt.
RULE IV
COMMITTEES
Section 1. Standing Committees. a. The standing committees shall be as
follows:
Name of Committee Number of Members
Aging ............................................ 28
Agriculture ...................................... 22
Alcoholism and Drug Abuse ........................ 13
Banks ............................................ 30
Children and Families ............................ 16
Cities ........................................... 14
Codes ............................................ 18
Consumer Affairs and Protection .................. 14
Corporations, Authorities and Commissions ........ 24
Correction ....................................... 12
Economic Development, Job Creation, Commerce
and Industry** ................................. 24
Education ........................................ 31
Election Law ..................................... 14
Energy ........................................... 14
Environmental Conservation ....................... 28
Ethics and Guidance ............................... 8
Governmental Employees ........................... 12
Governmental Operations .......................... 10
Health ........................................... 24
Higher Education ................................. 24
Housing .......................................... 28
Insurance ........................................ 25
Judiciary ........................................ 21
Labor ............................................ 27
Libraries and Education Technology Committee ...... 9
Local Governments ................................ 19
Mental Health, Mental Retardation and Developmental
Disabilities* .................................. 12
Oversight, Analysis and Investigation ............. 7
Racing and Wagering .............................. 11
Real Property Taxation ............................ 9
Rules ....................................... [39] 31
Small Business ................................... 14
Social Services .................................. 18
Tourism, Arts and Sports Development ............. 18
Transportation ................................... 24
Veterans' Affairs ................................ 18
Ways and Means ................................... 35
* Also known as Mental Health
** Also known as Economic Development
b. 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 plus one member
being credited to the majority; provided, however that there shall be at
least one minority member on each standing committee.
c. 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, agen-
cies, divisions, authorities, boards, commissions, public benefit corpo-
rations 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 e 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.
d. 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.
§ 2. Meetings of standing committees. a. Standing committees shall
hold regular weekly meetings at such time and on such day as scheduled
by the committee chairperson in consultation with the committee coordi-
nators and such schedule shall be published one week in advance of the
date of such meeting and shall be posted on the Assembly committee board
and Assembly Internet site.
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 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. 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 one
day's 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 one day's 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. 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 major-
ity 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 stand-
ing 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. 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.
f. 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.
§ 3. [Referral to sub-committee. The chairperson of a standing commit-
tee may refer bills to a sub-committee previously created and such sub-
committee shall report back to the standing committee at such time as
the sub-committee may have concluded its consideration of the bill;
provided, however, that the chairperson of the standing committee may
require such sub-committee to report to the standing committee on or
before a specified date. Any such bill referred to a sub-committee may
be recalled by the standing committee upon a majority vote of the
members of the standing committee.] Sub-committees. A sub-committee of a
standing committee created pursuant to paragraph four of subdivision c
of section one of Rule I shall be comprised of at least three members of
the standing committee. The chairperson of such standing committee may
request that a sub-committee report back to the committee within a spec-
ified period of time with respect to the following: analysis and recom-
mendations regarding a bill referred to the standing committee; recom-
mendations for proposed legislative action; and the findings and
recommendations of the sub-committee resulting from any hearings,
studies or investigations relating to matter within the jurisdiction of
the standing committee. Any report issued by a sub-committee to a stand-
ing committee must be in writing and indicate any dissenting opinion.
Meetings of sub-committees shall be subject to the provisions of article
seven of the Public Officers Law known as the "Open Meetings Law".
§ 4. Hearings. a. 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.
b. Consistent with the provisions of subdivision c 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 regard-
ing the implementation and administration of programs of departments,
agencies, divisions, authorities, boards, commissions, public benefit
corporations and other entities within the jurisdiction of such commit-
tee. The purpose of such public hearing shall include, but not be limit-
ed to, the impact, if any, of the state budget on the implementation and
administration of the programs within such entities' jurisdiction.
[b.]c. Other public hearings may be called by committee chairpersons
with prior consent of the Speaker and in accordance with procedure
established by law.
[c.]d. 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 Informa-
tion Office.
§ 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. 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 form to be furnished
by the Office of Journal Operations. The clerk of each standing commit-
tee, upon receiving such a request must immediately issue a receipt
therefor acknowledging the date and time of filing. Such request must be
submitted no later than the fourth Tuesday in April except with respect
to requests made by the Committee on Rules on bills sponsored by it,
provided that such bill is printed and provided further that in the case
of a bill that is referred to another standing committee, such request
may be submitted within thirty days after such referral. Except with
respect to bills referred to a standing committee pursuant to the
provisions of paragraph two of subdivision e 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
and, 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. In considering any bill, the committee may vote
favorably, unfavorably or to hold the bill for further action and/or
study. 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.
b. 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 para-
graph, 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.
§ 6. Reports. a. 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 a Senate bill recalled by the
Senate and amended, or] on an Assembly Bill amended by the Senate, the
bill shall appear upon the Calendar under the heading ["Senate Bills
recalled from the Governor and amended" or] "Assembly Bills amended by
the Senate".
b. 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:
(1) favorably, with or without amendments or referred to another
committee;
(2) for the consideration of the House;
(3) adversely;
(4) for concurring in Senate amendments;
(5) for repassing a Senate bill which has been recalled and amended;
or
(6) held for further action and/or study.
c. If the report be on a resolution, petition, memorial or remon-
strance it must contain the recommendations, if any, of the committee
thereon.
d. 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 [Clerk] 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.
e. All bills, except budget appropriation bills, reported favorably or
for consideration, if reported with amendments, shall be reprinted imme-
diately, and all new matter proposed by the committee to be added or
inserted in existing law shall be underscored and all matter to be elim-
inated 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.
f. All budget appropriation bills reported favorably or for consider-
ation, 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.
g. 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.
h. Any bill, the subject matter of which is also within the jurisdic-
tion 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.
i. Any bill which is referred to a standing committee other than the
Committee on Codes and which:
(1) imposes or changes any fine, term of imprisonment, forfeiture of
rights or other penal sanction; or
(2) 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 juris-
diction, 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.
j. 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 refer-
ence of such bill to the committee and the bill shall have been printed
and been upon the desks of the members for ten days.
k. 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.
l. 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 Oper-
ations before such bill can be reported by a committee.
m. Concurrent resolutions proposing amendments to the State Constitu-
tion shall be initially referred to the standing committee having juris-
diction 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.
§ 7. Discharge. a. 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.
b. 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 [second] fourth Tuesday in April except with unan-
imous consent of the members or in the discretion of the Speaker where
proper notice has been given prior to the [second] fourth Tuesday in
April.
c. (1) On any legislative day, not more than one motion to discharge
shall be in order;
(2) 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.
d. Each motion to discharge, when timely made, shall be placed on the
Motion to Discharge Calendar, which shall be printed within two legisla-
tive 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.
§ 8. Committee action reports. a. All committees shall have the
authority to act upon bills until the adjournment sine die of the House.
b. 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:
(1) reported to the House;
(2) defeated in committee;
(3) otherwise disposed of; and
(4) held for further consideration and action.
§ 9. Annual reports by standing committees. On or before December
fifteenth in each year each standing committee shall make a report to
the Speaker of the Assembly of its activities together with its legisla-
tive proposals.
§ 10. Committee on Rules. a. At any time during the session, a bill or
resolution may be introduced by the Committee on Rules and shall be
referred to a standing committee 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.........)."
b. The general functions of the Committee on Rules shall be:
(1) 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:
(a) the introduction of a bill;
(b) 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;
(c) the ordering of a bill, otherwise on second reading, directly to a
special order of second and third reading;
(d) the ordering of a bill committed to the Committee on Rules, pursu-
ant to the provisions of paragraph two of subdivision e of section two
of Rule III, directly to a special order of second and third reading;
[and]
(e) the recommittal of a bill committed to the Committee on Rules
pursuant to the provisions of paragraph two of subdivision e of section
two of Rule III; and
(f) 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;
(2) to regulate the housekeeping practices of the Assembly;
(3) to establish minimum qualifications for each category of staff
employees; and
(4) to establish and maintain minimum duties and standards of effec-
tiveness for all staff employees.
§ 11. Assembly Graduate Scholar and Internship Committee. There shall
be an Assembly Graduate Scholar and Internship Committee to consist of
the Speaker Pro Tempore, Majority Leader, Deputy Majority Leader,
Assistant Speaker, Minority Leader, Chairperson of the Higher Education
Committee, Ranking Minority Member of the Ways and Means Committee and
Ranking Minority Member of the Higher Education Committee. The Speaker
shall appoint the chairperson from among the membership of this Commit-
tee.
RULE V
MEMBERS
Section 1. Attendance. a. Attendance of members in the bar of the
House during sessions of the House shall be continuously recorded elec-
tronically unless otherwise ordered by the Speaker.
b. The bar of the House shall be deemed to include the entire Assembly
Chamber and lobbies contiguous thereto as designated by the Speaker.
c. In all cases of the absence of members during the session of the
House, the members present may take such measures as they shall deem
necessary to secure their presence, and in addition to suspending them
from the service of the House for a given period, may inflict such
censure or pecuniary penalty as they may deem just on those who, on
being called on for that purpose, shall not render a sufficient excuse
for their absence. For the purpose of securing the attendance of
members, a call of the House may be made, but such call shall not be in
order after voting on the question has commenced, unless the roll call
has been withdrawn by the introducer. While a call of the House is in
progress no other business shall be transacted except by order of the
House.
§ 2. Voting. a. Every member who shall be within the bar of the House
when a question is stated from the Chair shall vote thereon, provided,
however, no vote shall be recorded for any member who is not present
within the bar of the House at the time of such vote. The roll of absen-
tees shall not be called more than once. Unless otherwise directed by
the Speaker, all votes shall be recorded electronically. A member may
abstain from a vote only on the grounds that such vote will constitute a
conflict of interest.
b. The yeas and nays shall be taken individually of each member on the
final passage of a bill [whenever required by a member] and on any other
question whenever required by any fifteen members (unless a division by
yeas and nays be pending), and when so taken each member's affirmative
or negative vote shall be entered through the electronic voting system
or in such other manner as may be prescribed by the Speaker and entered
on the Journal. Such roll call shall remain open for a period of not
less than [five minutes] one minute, and shall be designated a slow roll
call. During such roll call, no vote shall be recorded unless the member
voting is at his or her regularly assigned seat or is serving or acting
as Speaker, Majority or Minority Leader.
c. In the event a slow roll call is not [requested] required pursuant
to subdivision b, the yeas and nays [on the final passage of a bill or
on any other question before the House] shall be taken by a fast roll
call and a member desiring to vote in the negative on such a roll call
shall do so by entering a negative vote through the electronic voting
system or in such other manner as may be prescribed by the [speaker]
Speaker. All other members shall be recorded in the affirmative. On
such a roll call the Clerk of the Assembly shall call the names of the
members who are recorded in the negative.
d. The Speaker may allow a member to record his or her vote within
fifteen minutes after the results of the roll call have been announced
when such vote does not change the final result of the vote of the House
and such member has been previously recorded on a roll call on a bill
during the legislative session day.
e. Copies of all roll calls shall be made available to the Majority
and Minority Leaders and representatives 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.
[e.] f. When less than a quorum vote on any subject under the consid-
eration of the House, it shall be in order, for any member to move for a
call of the House. Whereupon the roll of members shall be called by the
Clerk of the Assembly. After completion of the call only the Majority
Leader, or acting Majority Leader, may move that the call be made a
closed call of the House. Immediately following a closed call of the
House, the Clerk of the Assembly, upon request, shall read the names of
the members who are not present in the House. Copies of each closed
call shall be available in the Office of Journal Operations at the end
of each daily session. If it is ascertained that a quorum is present,
either by answering to their names, or by their presence in the House,
the yeas and nays shall again be ordered by the Speaker, and if any
member present refuses to vote, such refusal shall be deemed a contempt,
and unless purged, the House may order the Sergeant-at-Arms to remove
said member or members without the bar of the House, and all privileges
of membership shall be refused the person or persons so offending until
the contempt be duly purged.
[f.] g. A member who was absent at the time a prior vote was taken
upon any matter may, within thirty days following the date of his or her
first recorded vote subsequent to such prior vote, file a statement of
how such member would have voted had he or she been present at the time
of such prior vote. Such statement shall be in writing and filed with
the Clerk of the Assembly and the contents thereof shall be [duly
recorded by the stenographer and] duly noted on the roll call by such
Clerk.
§ 3. Name on Journal. Except for the advancement of a Senate bill
which has been substituted for an Assembly bill, where a bill, order,
motion or resolution shall be entered on the Journal, the name of the
member introducing or moving the same shall also be entered on the Jour-
nal.
§ 4. Communications respecting bills. All written communications from
public officers and agencies of the State or local governments furnished
to a committee, respecting a bill which has been referred to such
committee, for consideration, shall be available to the introducer of
the bill for examination. In lieu of such examination, the chairperson
of the committee may elect to furnish the introducer with copies of such
communications.
§ 5. Making a Statement. Immediately after the completion of the
orders of the day, and with the unanimous consent of the House, a member
may make a statement, not exceeding fifteen minutes in length, concern-
ing a subject or matter not pending before the House for consideration.
§ 6. Debate. a. No member rising to debate, to give notice, make a
motion or report, or to present a petition or other paper, shall proceed
until such member shall have addressed the Speaker from his or her place
and has been recognized by the Speaker. While a member is speaking, no
member shall entertain any private discourse or pass between the member
speaking and the Chair.
b. Unless otherwise provided by these Rules, no member shall speak,
except in his or her place, nor more than twice on any question, without
leave of the House. No member shall speak for more than fifteen minutes
at a time except by consent of two-thirds of the members present, except
that a member desiring to explain his or her vote upon the final passage
of a bill or upon the passage of a resolution requiring the expenditure
of money may make a brief statement, not to exceed two minutes, in
explanation of such vote.
c. If any member, in speaking, transgresses the Rules of the House,
the Speaker may call such member to order, in which case the member so
called to order shall immediately sit down, and shall not rise unless to
explain or proceed in order.
d. While the Speaker is putting a question, or a roll call is in
progress or a count is being had, no member shall speak or leave his or
her place. When the House shall be equally divided on any question,
including the Speaker's vote, the question shall be deemed to be lost.
All questions relating to the priority of one question or subject matter
over another, under the same order of business, shall be decided without
debate. If any question contains several distinct propositions, it shall
be divided by the Chair at the request of any member, but a motion to
strike out and insert shall be indivisible. All questions of order, as
they shall occur, with the decisions thereon, shall be entered in the
Journal, and, at the close of the session, a statement of all such ques-
tions and decisions shall be printed at the close of and as an appendix
to the Journal.
§ 7. Adjournment. a. When a motion to adjourn is carried, the members
and officers shall keep their seats and places until the Speaker
declares the House adjourned.
b. No motion to adjourn sine die shall be in order until all bills
transmitted to the Governor shall have been acted upon by him or her,
and in the case of vetoed bills, until such bills have been returned to
each House for at least three legislative calendar days.
§ 8. Contest of election. A contest of the election of any member
shall be referred to the Judiciary Committee for investigation and
report.
§ 9. Staff, materials and other perquisites. Each member of the House
shall be entitled to an equal allocation of printed newsletters and
other printed materials and postage therefor, and stationery and other
similar perquisites, and each member shall receive an equal allowance
for staff personnel, except that the allocation of stationery and other
similar perquisites and the allowance for staff personnel may be greater
for members in majority and minority leadership positions, committee,
subcommittee and task force chairpersons and ranking minority members of
committees, subcommittees and task forces. Such greater allotment or
staff shall be commensurate with the additional duties assigned to such
member.
§ 10. Use of legislative printing, mail and mass communication facili-
ties. a. The use of legislative printing and mail facilities for news-
letters and other forms of mass mailings which bear the name or likeness
of a candidate in a local, special, primary or general election shall be
prohibited within thirty days of such local, special, or primary
election and be prohibited within sixty days of such general election.
Members may not utilize other forms of Assembly-funded mass communi-
cation media during such thirty day and sixty day periods, respectively.
b. The Assembly shall maintain a file containing a copy of each news-
letter provided by Assembly facilities which file shall be available to
the public.
c. The provisions of this section shall be applicable to all communi-
cations addressed to the geographic area in which the member is running
for election.
§ 11. Employee candidates for Senator or member of Assembly. No
Assembly employee shall remain on the Assembly payroll while a candidate
for Senator or member of Assembly. For the purposes herein, an employee
shall be deemed a candidate for Senator or member of the Assembly upon
the filing of designating petitions for such office or, where nomi-
nations for such office are made other than by petition, upon nomi-
nation. Such employee shall remain off the Assembly payroll until such
time as his or her candidacy shall cease or upon the day following
election day for such office, whichever comes first.
RULE VI
ORGANIZATION OF THE HOUSE
Section 1. Pursuant to section four of Article XIII of the Constitu-
tion, the Assembly shall convene on the first Wednesday after the first
Monday in January at 12:00 noon in the Assembly Chamber.
§ 2. a. In every odd-numbered year, the Clerk of the Assembly during
the prior year shall convene the Assembly as Acting Clerk thereof,
unless otherwise provided by the Members of Assembly present.
b. A member of the clergy shall offer prayer.
c. The Acting Clerk of the Assembly or designee thereof shall adminis-
ter the ceremonial oath of office to the Members of Assembly en banc.
d. The Acting Clerk of the Assembly or designee thereof shall lead the
Members of Assembly in the Pledge of Allegiance to the Flag of the
United States of America.
e. The Acting Clerk of the Assembly shall call the roll to ascertain
the presence of a quorum.
f. Nominations shall be in order for the office of Speaker of the
Assembly for a term of two years, and a vote shall be had thereon.
g. Nominations shall be in order for the office of the Clerk of the
Assembly for a term of two years, and a vote shall be had thereon.
h. Nominations shall be in order for the office of Official Stenogra-
pher of the Assembly for a term of two years, and a vote shall be had
thereon.
i. Nominations shall be in order for the office of Sergeant-at-Arms of
the Assembly for a term of two years, and a vote shall be had thereon.
§ 3. The recognized leader of the Minority shall be the Minority Lead-
er of the Assembly for a term of two years.
§ 4. Section two of this Rule shall continue and apply on the first
Wednesday following the first Monday in January following a general
election of the Members of Assembly, notwithstanding that the rules of
the House have not yet been adopted by the Members of Assembly, unless
otherwise provided by the Members of Assembly present.
RULE VII
GUIDELINES FOR A SYSTEM OF INTERNAL CONTROLS
Section 1. Pursuant to Article six of the Legislative Law as enacted
by the New York State Governmental Accountability, Audit and Internal
Control Act of [1987] 1999, the following guidelines for a System of
Internal Controls are hereby established.
a. All financial transactions shall be executed in accordance with the
general or specific authorization of the Speaker or his or her desig-
nated representative.
b. All financial transactions shall be recorded in conformity with
generally accepted accounting principles or other applicable criteria in
a manner to maintain accountability for assets.
c. Access to assets shall be permitted only in accordance with the
authorization of the Speaker or his or her designated representative.
d. The recorded accountability for assets shall be compared with the
existing assets at reasonable intervals and appropriate action shall be
taken with respect to any differences.
e. The System of Internal Controls shall provide reasonable assurance
that the foregoing are accomplished.
§ 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 form to be
prescribed by the Speaker, and shall report on all expenditures of the
House during each preceding reporting period.
RULE VIII
PUBLIC ACCESS TO RECORDS
Section 1. Intent. It is the intent of the Assembly that central
administrative records maintained by the Assembly be governed by the
same presumption of disclosure which governs access to executive agency
records, with similar enumerated exceptions.
§ 2. Disclosure policy. a. In addition to any records required to be
made available pursuant to the provisions of section eighty-eight of the
public officers law and the rules and regulations promulgated there-
under, all other existing records maintained by the Assembly shall be
available for public inspection and copying, except that the Assembly
may deny access to records or portions thereof that:
(1) are specifically exempted from disclosure by state or federal
statute or a Rule of the Assembly, or Permanent Joint Rule of the Senate
and Assembly;
(2) if disclosed would constitute an unwarranted invasion of personal
privacy as defined in subdivisions two and two-a of section eighty-nine
or section ninety-six of the public officers law, including, but not
limited to:
(a) the medical, financial, credit or employment history of a partic-
ular person or matters leading to the appointment, employment,
promotion, demotion, discipline, suspension, dismissal or removal of
such person; or
(b) names, addresses, numbers or other personal identifying details of
telephone communications or mail correspondence made by or to Members of
the Assembly or employees thereof;
(3) if disclosed would impair present or imminent contract awards or
collective bargaining negotiations;
(4) if disclosed would impair negotiations relating to pending or
proposed legislation;
(5) are trade secrets or proprietary information which, if disclosed,
would cause substantial harm to the subject enterprise;
(6) are compiled for legislative purposes and which, if disclosed,
would:
(a) interfere with legislative investigations, law enforcement inves-
tigations or judicial proceedings;
(b) deprive a person of a right to a fair trial or impartial adjudi-
cation;
(c) identify a confidential source or disclose information relating to
a legislative or criminal investigation; or
(d) reveal criminal or legislative investigative techniques or proce-
dures, except routine techniques and procedures;
(7) if disclosed would endanger the life or safety of any person;
(8) are inter-agency or intra-agency materials which are not:
(a) statistical or factual tabulations of data of or with respect to,
material otherwise available for public inspection and copying pursuant
to section eighty-eight of the public officers law;
(b) instructions to staff that affect members of the public;
(c) final reports and formal opinions submitted to the legislature;
(d) final reports or recommendations and minority or dissenting
reports and opinions of members of committees, subcommittees, or commis-
sions of the legislature;
(9) are computer access codes;
(10) are material prepared for litigation or constituting attorney
work product.
b. For purposes of this rule, "agency" shall have the same meaning as
that term is defined in section eighty-six of the public officers law,
but shall also include either or both houses of the legislature.
c. In order to facilitate access to records made available in accord-
ance with this rule, a copy of this rule shall be posted at a public
location to be determined by the Assembly.
d. The determination of the Assembly, with respect to the denial of
access to any materials of such house to which access is sought under
this rule shall be final and not subject to further review.
§ 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.
RULE IX
AMENDMENT AND SUSPENSION OF RULES
Section 1. No standing Rule or order of the House shall be amended
unless three days' notice shall have been given of the motion therefor;
nor shall such amendment be made unless by a vote of a majority of all
the members elected to the Assembly.
§ 2. a. No standing Rule or order of the House shall be suspended
unless one day's notice shall have been given of the motion therefor;
nor shall such suspension be made unless by a vote of a majority of all
the members elected to the Assembly.
b. Such notice and motion shall, in all cases, state specifically the
object of the suspension, and every case of suspension of a Rule under
such notice and motion shall be held to apply only to the object speci-
fied therein.
c. Such notice shall be given and such motion made under the order of
business in which the matter proposed to be advanced by the suspension
shall stand, provided, however, such notice shall not be required on the
last day of the session.
§ 3. Any Rule or order may be amended or suspended by unanimous
consent without prior notice.
RULE X
TELEVISING ASSEMBLY SESSION
Section 1. Any televised proceedings of sessions of the New York State
Assembly shall be made available for statewide television broadcast,
pursuant to the following:
a. All televised proceedings of the Assembly session shall be unedit-
ed, except that only accredited news organizations, educational insti-
tutions, and public affairs documentary programs may utilize any portion
of the Assembly television feed.
b. No portion of the televised proceedings (either live or taped)
authorized pursuant to this section may be utilized for:
(1) campaign or political purposes or to promote or oppose a ballot
issue or the candidacy of any person for any elective office; or
(2) any paid commercial advertisements.
§ 2. The televised proceedings of sessions of the New York State
Assembly as provided for in section one of this Rule, in any form, shall
be deemed the property of the New York State Assembly.
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