ASSEMBLY RESOLUTION amending section 5 of Rule III, Rule IV, Rule VI, section 1 of Rule VII, and Rules IX and X of the Assembly rules, in relation to making amendments thereto

Resolved, That subdivisions b and e of section 5 of Rule III of the Assembly rules are amended to read as follows:

1. 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 Senate;
2. resolutions returning a bill to the 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 committees; and
8. resolutions in memorium or honorific in nature.

5. 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 or to an Assembly Calendar, as the Speaker may designate.

Resolved, That section 1 of Rule IV of the Assembly rules is amended to read as follows:

Section 1. Standing Committees. a. The standing committees shall be as follows:

2. 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. 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.
3. 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.
4. 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 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.
5. 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.

Resolved, That subdivision a of section 2 of Rule IV of the Assembly rules is amended to read as follows:

1. [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 coordinators 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] 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.

Resolved, That section 3 of Rule IV of the Assembly rules is amended to read as follows:

§ 3. 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; provided, however that there shall be at least one minority member on each subcommittee. The chairperson of such standing committee may request that a sub-committee report back to the committee within a specified period of time with respect to the following: analysis and recom- mendations regarding a bill referred to the standing committee; recommendations 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 standing 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".

Resolved, That section 6 of Rule IV of the Assembly rules is amended by adding a new subdivision n to read as follows:

14. 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.

Resolved, That Rule IV of the Assembly rules is amended by adding a new section 12 to read as follows:

§ 12. Assembly Committee on Conference Committees. There shall be an Assembly Committee on Conference Committees to consist of five members; provided, however that there shall be at least one minority member on such committee. Members of such committee shall be selected from among Assembly leadership positions. The Speaker shall appoint the chairperson from among the membership of the committee. Such committee shall meet 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 may 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".

Resolved, That Rule VI of the Assembly rules is amended to read as follows:

RULE VI

ORGANIZATION OF THE HOUSE

Section 1. Opening Day. Pursuant to section four of Article XIII of the Constitution, the Assembly shall convene on the first Wednesday after the first Monday in January at 12:00 noon in the Assembly Chamber.

§ 2. First Year Procedure.

1. 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.
2. A member of the clergy shall offer prayer.
3. The Acting Clerk of the Assembly or designee thereof shall administer the ceremonial oath of office to the Members of Assembly en banc.
4. 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.
5. The Acting Clerk of the Assembly shall call the roll to ascertain the presence of a quorum.
6. 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.
7. 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.
8. 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.
9. 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. Minority Leader. The recognized leader of the Minority shall be the Minority Leader of the Assembly for a term of two years.

§ 4. Continuity and Applicability. 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.

Resolved, That section 1 of Rule VII of the Assembly rules is amended to read as follows:

Section 1. Internal Controls. Pursuant to Article six of the Legislative Law as enacted by the New York State Governmental Accountability, Audit and Internal Control Act of 1999, the following guidelines for a System of Internal Controls are hereby established.

1. All financial transactions shall be executed in accordance with the general or specific authorization of the Speaker or his or her designated representative.
2. 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.
3. Access to assets shall be permitted only in accordance with the authorization of the Speaker or his or her designated representative.
4. 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.
5. The System of Internal Controls shall provide reasonable assurance that the foregoing are accomplished.

Resolved, That Rule IX of the Assembly rules is amended to read as follows:

RULE IX

AMENDMENT AND SUSPENSION OF RULES

Section 1. Amendment of Rules. 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. Suspension of Rules.

1. 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.
2. 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 specified therein.
3. 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. Unanimous Consent. Any Rule or order may be amended or suspended by unanimous consent without prior notice.

Resolved, That Rule X of the Assembly rules is amended to read as follows:

RULE X

TELEVISING ASSEMBLY SESSION

Section 1. Televised Proceedings; Broadcast. Any televised proceedings of sessions of the New York State Assembly shall be made available for statewide television broadcast, pursuant to the following:

1. All televised proceedings of the Assembly session shall be unedited, except that only accredited news organizations, educational institutions, 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. Televised Proceedings; Ownership. 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.