What's happening
This bill clarifies that a majority of appointed voting members is required for a quorum on New York's lead poisoning prevention advisory council.
Why it matters
Ensures decision-making legitimacy. By requiring a majority of *appointed voting members* for a quorum, the bill prevents a small or unrepresentative subset of the council from making binding decisions about lead poisoning prevention.
Clarifies ambiguity. The explicit language removes any confusion about who counts toward a quorum (appointed voting members, not vacant seats or non-voting members), reducing the risk of legal challenges to council actions.
May impact meeting frequency and effectiveness. If vacancies or absences are common, reaching a quorum could become harder, potentially delaying recommendations or actions related to lead poisoning prevention—an area of significant public health concern.
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Who cares
Advisory Council on Lead Poisoning Prevention
The bill would establish a majority of its appointed voting membership as the quorum needed to conduct business.
Appointed voting council members
Their membership would determine how many members must be present for a quorum.
Lead poisoning prevention advocates
The quorum rule would govern when the council can conduct business on the issue they follow.
Headline styles
Set Quorum for Lead Council
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A10317
- Advanced to third reading
- 2nd report cal.
- 1st report cal.267
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Set Council Quorum Majority
Signed by Governor · Sponsor Crystal Peoples-Stokes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7150
IN SENATE
January 9, 2020
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to a quorum of the advisory council on lead poisoning prevention
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 1370-b of the public health law is renumbered subdivision 4, and a new subdivision 3 is added to read as follows:
3. A majority of the appointed voting membership of the council shall constitute a quorum.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11125-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to a quorum of the advisory council on lead poisoning prevention
Purpose
To provide that a majority of the appointed voting membership shall constitute a quorum for the Advisory Council on Lead Poisoning Prevention.
Summary of provisions
Section one amends section 1370 of the public health law, by adding a new paragraph 3 to provide that a majority of the Advisory Council on Lead Poisoning Prevention's appointed voting membership shall constitute a quorum.
Section two provides an effective date.
Justification
The Advisory Council on Lead Poisoning Prevention has struggled to achieve a quorum due to a lack of appointees, which has obstructed the Council's ability to provide the guidance it was formed to produce. Similar issues have arisen with other bodies and, as a result, amend- ments to the functioning of the Transplant Council and the Early Inter- vention Coordinating Council were enacted in the last few years and have proven helpful. In 2019 the Governor signed legislation providing simi- lar relief to the State Camp Safety Advisory Council.
The General Construction Law Section 41 provides that, unless provided otherwise, a government body's quorum shall be a majority of "the total number which the...body...would have were there no vacancies and were none of the persons or officers disqualified from acting." Pursuant to General Construction Law Section 110, this bill would exclude vacant seats and nonvoting members from the total number from which a majority is calculated.
Legislative history
An identical version of this bill was vetoed in 2019, however the very same legislation provided for the State Camp Safety Advisory Council was signed into law.
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.