Sherman Croswell New York (State). Legislature.

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Judiciary.
Affairs of cities.
Hailroads.




30 Clebk's Manual. Rule 8.

To consist of nine members each:

Oanals.

Commerce and navigation.

Codes.

Insurance.

Taxation and retrenchment.

Forest, Fish and Game Laws.

Internal affairs of towns and counties.
To consist of seven members each:

Banks.

Military affairs.

Miscellaneous corporations.

Public health.

Penal institutions.

Revision.

Affairs of villages.

Agriculture.

Privileges and elections.
To consist of five members each:

Printed and engrossed bills.

Indian affairs.

Trade and manufactures.

Public printing.
To consist of three members:

Rules.
8. The committee on printed and engrossed bills shall
examine all bills, amendments and resolutions which are
required to be printed or engrossed, before they go out
of the possession of the Senate, and make report when
they find them correctly printed or engrossed before
they are read the third time; they shall also compare



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Rules 9. 10. Rules of the Senate. 31

such amendments as may be made in the Assembly to
Senate bills, and that are concurred in by the Senate
after they shall have been reprinted or re-engrossed in
the Senate for the purpose of seing if they are cor-
rectly printed or engrossed. And no bill shall be passed
unless it shall have been printed and upon the desk
of each Senator in its final form at least three calendar
legislative days prior to its final passage, unless the
Governor or acting Govenor shall have certified to the
necessity of its immediate passage, under his hand and
the seal of the State, nor unless the committee on
printed and engrossed bills shall have reported that such
bill is correctly printed or engrossed. All bills recalled
from the Governor for the purpose of amendment, if
amended, and all Senate bills amended by the Assembly,
and returned to the Senate for its con'currence, and all
bills amended by the report of a conference committee,
shall be subjected to the provisions of this rule and the
second -clause of Rule 4.

9. The committee on revision shall examine and cor-
rect bills referred to it, for the purpose of avoiding
repetitions and ensuring accuracy in the text and ref-
erences. It shall also report whether the object sought
to be accomplished can be secured without a special act
under existing laws, or by enactment of a general law.

10. Every report of a committee upon a bill which
shall not be considered at the time of making the same,
or laid on the table by a vote of the Senate shall stand
upon the general orders with the bill and be enter^
upon the Journal.




32 Clebk*s Manual. Rules ri-13.

OF GENERAL ORDERS AND SPECIAL ORDERS.

11. The matters referred to the committee of the
whole Senate shall constitute the general orders, and
the business of the general orders shall be taken up. as
follows, viz.: When the chairman named by the Presi-
dent has taken the chair, the Clerk shall announce the
title of each bill, with the printed number, or other
matter, as it shall be reached in its order, when it may
be taken up on the motion of any Senator without the
putting of any question therefor, and be considered
immediately, and so on until the calendar is exhausted,
or a motion is carried that the committee arise. Any
bill not so moved shall lose its preference for the day.

12. Whenever any bill or other matter is made a
special order for a particular day, and it shall not be
completed on that day, it shall, unless otherwise
ordered, retain its place on the calendar, as a special
order in the order of bu&iness in which it was con-
sidered; -and when a special order is under considera-
tion, it shall take precedence of any special order for
a su-bsequent hour of the same day; but such subsequent
special order may be taken up immediately after the
previous special order has been disposed of.

OF THE COMMITTEE OF THE WHOLE.

13. The rules of the Senate shall be observed in the
committee of the whole, so far as they may be appli-
caSble, except, limiting the number of times of speaking,
and except that the ayes and noes shall not be taken.
Such committee may strike out the enacting clause of



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Rules 14-16. Rules of the Senate. 33

a bill and report that fact to the Senate; and if the
report be agreed to by the Senate, it shall be deemed a
rejection of the bill.

14. Bills committed to the committee of the whole
Senate shall, in committee of the whole, be read through
by sections. The report shall state whether or not said
bill has been amended in committee of the whole. After
the report the bill shall be subject to debate and amend-
ment before the question to print or engross it is put;
but such amendments only shall be in order as were
oflfered and decided in the committee of the whole
Senate, except by unanimous consent.

15. A motion that the committee rise and report
progress on any bill shall always be in order, and shall
be decided without debate.

OP BILLS.

16. Every bill shall be introduced by a Senator in his
place, or on the report of a committee, or by message
from the Assembly, and after its first and second read-
ing unless otherwise ordered by the Senate, shall be
referred to a standing or select committee, to consider
and report thereon. When a bill is received as a
message from the Assembly, and a Senate bill, identical
therewith, is on the order of third reading in the
Senate, or in the committee of the whole, the Assembly
bill may be substituted for the Senate bill upon a vote
of a majority of the Senate. A motion for such sub-
stitution shall be in order under the order of business
of messages from the Assembly, motions and




34 Clerk's Manual. Rule 17.

tions, or the order of business in which the Senate bill
is. No private bill shall be introduced by a Senator, or
on a report of a committee, unless accompanied by a
memorial or petition signed and verified by the party
or parties praying for the passage of the same, except
by order of the Senate.

Every bill introduced by a Senator shall be in dupli-
cate and shall have indorsed thereon a statement of its
title, with his name.

The titles of all bills proposing amendments to the
Greater New York Charter, or the Penal Code, the Code
of Criminal Procedure, the Code of Civil Procedure, the
Revised Statutes, the Consolidated Laws, or to any
existing laws having a short title when introduced,
must quote the descriptive name of the Code or the
short title of the Consolidated Laws, or Revised
Statutes, or law to be amended, with some brief ref-
erence to the subject-matter of the proposed amend-
ment, and the Clerk of the Senate is hereby directed to
return any bill to the Senator introducing the same,
when this rule has not been complied with.

17. When a bill shall be reported by the committee
< f the whole, and not otherwise disposed of, the question
sliall be, " Shall the report be agreed to ? *' And when
tlve report of such committee, if favorable, shall be
agreed to and the bill not otherwise disposed of. the
bill shall be ordered printed and engrossed for a third
reading. Upon such question the merits of the bill may
be debated, and a motion to commit, or recommit, or to
amend, as provided in the fourteenth rule, or lay on



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Rules 18-21. Rules of the Senate. S5

the table, or to postpone to a future day, shall be in
order. If such question be decided in the negative, such
bills shall be deemed lost.

18. Every bill shall receive three readings previous
to its being passed, and the President shall give notice
at each, whether it be the first, second or third. No
bill shall be amended or committed until it shall have
been read twice, and no bill shall be read a third time
out of its regular order, unless on a vote of two-thirds
of all the Senators present voting; and all resolutions
which propose any amendment of the Constitution shall
be treated in the form of proceedings on them, in a
similar manner with bills, and no bills shall be ordered
to a third reading without having been acted upon in
committee of the whole.

19. After a bill or resolution to amend the Con-
stitution shall be ordered to a third reading, no motion
to amend the same shall be in order without unanimous
consent; but any such bill or resolution may be com-
mitted pfior to the final reading thereof.

20. When any bill requiring the concurrence of two-
thirds of the Senators is under consideration, such con-
currence shall not be requisite except on the question
of its final passage.

21. The question on the final passage of every bill
shall be taken by ayes and noes, which shall be entered
on the Journal, and unless the bill receives the number
of votes required by the Constitution to pass it, it shall
be declared lost, except in cases provided for by the
twenty-fourth rule, and such question shall be taken
immediately after the third reading and without debate.

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36 Clerk's Manual. Rules 22,23.

22. Every bill immediately upon its introduction shall
be printed and placed on the files of the Senators. It
shall retain its original printed number when reprinted,
together with its new number thereafter during all
stages of its progress. All bills reported favorably or
for consideration, if reported with amendments, shall
be immediately reprinted.

Every bill when introduced, and every amendment
thereafter made to such bill amending existing law,
must have all new matter underscored, and all matter
eliminated by amendment from existing law must ap-
pear in its proper place inclosed in brackets. In the
printed bill such new matter shall be italicized and all
matter eliminated from existing law shall be inclosed in
black-faced brackets. Where a printed bill is amended
by eliminating new matter from such bill, the same
shall be omitted in the reprint of the original.

It shall be the duty of the President to direct the
Clerk to cause any 'bill appearing on the calendar and
not complying with this rule to be immediately amended
and reprinted so as to comply with the same.

There shall be printed for the use of the Senate as
authorized by section seven of the State Printing Law,
three hundred additional copies of such general Senate
bills as may be designated by the Clerk of the Senate.

23. The vote on the final passage of any bill appro-
priating moneys or property, or creating, continuing,
altering or removing any body politic or corporate,
shall not be reconsidered whenever any such bill shall
be lost, unless by a vote of a majority of all the



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Rules 24-26. Rules op the Senate. 37

Senators elected, but all other bills, when the same shall
have been lost, may be reconsidered by a vote of a
m-ajority of all the Senators present and voting.

24. If, on taking the final question on a bill, it shall
appear that a constitutional quorum is not present, or
if the bill requires a vote of two-thirds of all the
Senators elected to pass it, and it appears that such
number is not present, the bill shall retain its place
on the calendar and be again taken up in its regular
order.

ON MOTIONS AND THEIR PRECEDENCE.

25. When a question is before the Senate, only the
following motions shall be received, and such motions
shall have precedence in the order here stated, viz.:

1. For an adjournment.

2. For a call of the Senate.

3. To lay on the table.

4. To postpone indefinitely.

5. To postpone to a certain day.

6. To commit to a standing committee.

7. To commit to a select committee.

8. To commit to the committee of the whole.

9. To amend.

The motion to adjourn, or for a call of the Senate,
or to lay on the table, shall be decided without debate,
and shall always be in order except as provided in
Rules 1, 32 and 47.

26. All motions shall be reduced to writing, if de
sired by the President or any Senator, delivered to




3d Clerk's Manual. Rules 27-30.

Clerk, and read before the same shall be debated; any
motion may be withdrawn at any time before decision
or amendment.

27. If the question in debate contains several points,
a Senator may have the same divided, provided the
division called for embodies a distinct principle or
statement of fact.

28. A motion to postpone, commit or refer, until it is
decided, shall preclude all debate of the main question.

29. When a blank is to be filled, and different sums or
time shall be proposed, the question shall be first taken
on the highest sum and the longest time.

30. When a question has once been put and decided,
it shall be in order for any Senator to move for the
reconsideration thereof; but no motion for the recon-
sideration of any vote shall be in order after the bill,
resolution, message, report, amendment or motion, upon
which the vote was taken, shall have gone out of the
possession of the Senate; and before the first day of
March no bill or resolution shall be sent from the
Senate on the day of its passage; nor shall any motion
for reconsideration be in order unless made on the same
day on which the vote was taken, or within the next
three days of the actual session of the Senate thereafter.
Xor shall any question be reconsidered more than once.
But when a bill or resolution shall have been recalled
from the Governor or from the Assembly, a motion for
reconsideration may be made at any time thereafter
while the same is in the possession of the Senate, and
all resolutions recalling a bill or resolution from the



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Rules 31, 32. Rules of the Senate. 39

Governor or Assembly shall be regarded as privileged.
No vote shall be reconsidered upon either of the fol-
lowing motions:

To adjourn.

To lay on the table. .

31. All concurrent resolutions shall lie on the table
at least one day, except as otherwise directed by Rules
18 and 30, and except concurrent resolutions referring
to adjournment.

ON CLOSING DEBATE.

32. When any bill, resolution or motion shall have
been under consideration for six hours it shall be in
order for any Senator to move to close debate, and the
President shall recognize the Senator who wishes to
make such motion. Such motion shall not be amend-
able or debatable and shall be immediately put, and if
it shall receive the affirmative votes of a majority of
the Senators present, the pending measure shall take
precedence over all other business. The vote shall
thereupon be taken upon such bill, motion or resolu-
tion, with such amendments as may be pending at the
time of such motion according to the rules of the
Senate, but without further debate, except that any
Senator wno may desire so to do shall be permitted to
speak thereon not more than once and not exceeding
one-half hour. After such motion to close debate has
been made by any Senator no other motion shall be in
order until such motion has been voted upon by the
Senate, After the Senate shall have adopted the motion



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40 Clerk's Manual. Kule 33.

to close debate, as hereinbefore provided, no motion
shall be in order but one motion to adjourn and a
motion to commit. Should said motion to adjourn be
carried, the measure under consideration shall be the
pending question when the Senate shall again convene,
and shall be taken up at the point where it was at the
time of such adjournment. The motion to close debate
may be .ordered upon a single motion, a series of motions
allowable under the rules, or an amendment or amend-
ments, or may be made to embrace all authorized mo-
tions or amendments and include the bill, resolution or
motion to its passage or rejection. All incidental ques-
tions of order, or motions pending at the time such
motion is made to close debate, whether the same be on
appeal or otherwise shall be decided without debate.

33. If at any time during the session of the Senate
a question shall be raised by any Senator as to the
presence of a quorum, the presiding officer shall forth-
with direct the Clerk to call the roll, and shall announce
the result, and such proceedings shall be without debate;
but no Senator while speaking shall be interrupted by
any other Senator raising the question of a lack of a
quorum, and the question as to the presence of a
quorum shall not be raised oftener than once in every
hour unless the lack of a quorum shall be disclosed
upon a roll call of the ayes and noes. Whenever upon
a roll call -any Senator who is upon the floor of the
Senate chamber refuses to make response when his
name is called, it shall be the duty of the presiding
officer, either upon his own motion or upon the sug-



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Rules 34-37. Rules of the Senate. 41

gestion of any Senator, to request the Senator so re-
maining silent to respond to his name, and if such
Senator fails to do so, the fact of such request and
refusal shall be entered in the Journal, and such Senator
shall be counted as present for the purpose of con-
stituting a quorum.

OF QUESTIONS OF ORDER.

34. All question relating to the priority of business
shall be decided without debate.

35. When the reading of a paper is called for, except
petitions, and the same is objected to by any Senator,
it shall be determined by a vote of the Senate, without
debate.

36. When a 'Senator shall be called to order, he shall
take his seat until the President shall have determined
whether he is in order or not; and if decided to be out
of order, he shall not proceed without the permission
of the Senate; and every question of order shall be de-
cided by the President, subject to an appeal to the
Senate by any Senator. No second appeal shall be de-
termined until the original appeal shall be decided ; and
if a Senator shall be called to order for words spoken,
the words excepted to shall be immediately taken down
in writing.

37. Upon a division in the Senate, the names of those
who voted for or against a question shall be entered
alphabetically on the Journal, if any Senator requires
it, except on motion to excuse a Senator from voting,
which shall be decided by count ; and each Senator called

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42 Clerk's Manxjal. Rules 38-40.

upon, unless for special reasons he be excused by the
Senate, shall declare openly and without debate his
assent or dissent to the question.

OF EXECUTIVE SESSION.

38. On motion to close the doors of the Senate, on the
discussion of business which in the opinion of any
Senator may require secrecy, and during the considera-
tion of all business in executive session, the President
shall direct all persons, except the Senators and Clerk
of the Senate, his messenger, the Journal Clerk and
Sergeant-at-Arms of the Senate to withdraw; and dur-
ing the discussion of said motion the doors shall remain
shut; and every Senator and officer of the Senate shall
keep secret all such matters, proceedings and things
which shall transpire while the doors remain closed.

39. The proceedings of the Senate upon executive
business shall be kept in a Journal separate from its
proceedings upon legislative business.

40. The Senate shall go into consideration of execu-
tive business at such times as may be ordered by a
vote of the majority of the Senators present. All
nominations sent by the Governor for the appointment
of any officer (except notaries public) shall be referred,
unless the Senate otherwise orders, to a standing com-
mittee of the Senate. Nominations of persons for the
office of notary public shall be referred to the Senator
from the district in which the nominee resides, except
that when the nominee resides in the city and county
of New York, the reference shall be to the Senators



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Rules 41-44. Rules or the Senate. 43

from that city and county ; and when the nominee re-
sides in the county of Kings, the reference shall be to
the Senators from that county.

MISCELLANEOUS PROVISIONS.

41. None but the President, Senators and Clerks shall
be allowed to take books belonging to the Senate
library; and on taking books, each of the persons above
mentioned shall furnish to the Librarian a list of those
taken and his name, and shall be responsible for them;
and it shall be the duty of the Librarian to have a
book in which to enter the delivery of the books so taken
and their return, and it shall be his duty to see that the
books in the library are kept in order and in their place
at the opening of each morning session.

42. It shall be the duty of the Superintendent of
Documents and his assistants to have the documents
and bills promptly placed on the files of the President
and Senators in the order of their numbers, and it shall
be the duty of the postmaster to see that the mails
are punctually delivered.

43. The Senate library, post-ofSce and document rooms
shall be opened every morning during the session of
the Legislature at 8.30 o'clock and remain open until
5.30 p. m., and shall also be open during all the hours
the Senate is in session, except that on Sundays the
post-office shall be open from 12 noon to 1 o'clock p. m.

44. A rule of the Senate shall . not be altered, sus-
pended or rescinded without a vote of a majority of
all the Senators elected; and a motion to suspend, alter

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44 Clerk's Manual. Rules 46-48.

or rescind any such rule, or any joint rule of the two
Houses, shall not be in order, without the unanimous
consent of the Senate, unless one day's previous notice
thereof in writing shall be given ; specifying the purpose
of the proposed suspension, alteration or rescission;
provided that nothing in this rule shall limit the pro-
visions of the first and thirty-second rules.

45. Whenever a claim is referred to a committee, and
the committee reports that the claim ought not to be
allowed, and the report is adopted by the Senate, it shall
not be in order to move to take the papers from the
files for the purpose of referring them to a subsequent
session, unless the claimants shall present a memorial
for that purpose, stating in what manner the committee
have erred in their report, or that new evidence had
been discovered since the report, and setting forth the
same in the memorial.

46. All resolutions calling for the expenditure of
moneys must be decided by a majority vote of all the
members elected to the Senate, upon a call of the roll.

47. For the purpose of securing the attendance of
Senators, a call of the Senate may be ordered at any
time, but such call shall not be in order after the
voting on any question has begun, nor after the third
reading of a bill has been completed, nor after the
motion to close debate has been ordered pursuant to
Rule 32, unless it shall appear upon an actual count
by the President that a quorum is not present.

48. Persons not members of the Senate, or officers or
employees thereof, shall be admitted to the floor of th©
Senate only as follows;

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Rule 48. Rules of the Senate. 45

1. The Governor, his secretary and messenger.

2. The members and Clerk of the Assembly, and
clerks and messengers of the Assembly in the exercise
of an official duty directly connected with the business
of the :Senate.

3. The elected State officers, heads of departments
and their deputies.

4. Reporters of the Senate and of the Assembly
designated under the rules, unless a designation there-
tofore given them has been revoked.

5. Ladies, and members of a Senator's family, or of
the family of the President of the Senate, on the card
of a Senator, or of the President of the Senate.

6. Former members of the Senate.

7. Any person not hereinbefore named may be ad
mitted to the parlor of the Senate.

8. During the sessions of the Senate, no person other
than a Senator shall occupy the chair of a Senator.

49. An officer or employee of the Senate shall not
solicit subscriptions, for any purpose, from other officer
or employee thereof, nor from any Senator. Nor shall
any person be permitted to solicit or receive subscrip-
tions or contributions for any purpose on the floor, or
in the lobby of tne Senate,



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IMDEX TO SENATE RULES.



A Rule. Page.

Absentees, may be sent for 6 28

not rendering sufficient excuse 6 28

Adjournment, measure under consideration at, pending

question when Senate reconvenes 32 39

motion for, always in order, not debatable 25 37

only one in order after close of debate 32 39

precedence of 25 37

shall not be reconsidered 30 38

Admission to floor, Clerk shall designate reporters en-
titled to 4 27

who entitled to 48 44

Affairs of cities, standing committee on 7 29

Affairs of villages, standing committee on 7 29

Agriculture, standing committee on 7 29



Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 2 of 45)