Sherman Croswell New York (State). Legislature.

The Clerk's manual of rules, forms and laws for the regulation of business ... online

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which was recommitted the bill introduced by Mr.
...; (No ) (Int. No ), entitled.

(Here insert title.)



retaining its place on the order of reading, reported

the same with the following amendments:

(Here insert amendments, written out in full.)



Chairman.

and requests that said bill be reprinted, as amended, and
recommitted to said committee,



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506 Clebk's Manual.



Which report was agreed to and said bill ordered re.
printed, as amended, and recommitted to said committee.

Recommitted Bill.



Report of a Substitute for a Bill which has Not Been
Advanced.

Whenever a bill which has been introduced, printed
and referred to a committee is so materially amended
as to render it inexpedient to attempt to change the
language of the original bill so as to make it conform
to that desired, the committee may determine to report
a substitute bill, which shall take the place of and be
substituted for the original bill. When so reported the
substitute bill takes the number and the place of the
original bill in every respect. Substitute bills must
be reported in duplicate, one copy to be permanently
affixed to the report and the other to be pinned to the
report with the original bill for which it is substituted*
The following form should be used:

Form No. 46.
Fob Assembly Bills.

Mr , from the Committee on , to

which was referred the bill, introduced by Mr

(No ) (Int. No ), entitled,

(Here insert title.)



reported in favor of the passage of the following substitute
bill:



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Clebk's Manual. 507

(Here insert the substitute bill, written out in full.)



Which report was agreed to and said substitute bill or-
dered printed and placed on the order of second reading.

Substitute Bill. '

Report of a Substitute for a Bill which Has Been Ad-
vanced or Recommitted, Prior to such Report.
It may be desired to report a substitute for a bill
which has been advenced to third reading before refer-
ence, or for a bill which has been recommitted before
advancement or after having been advanced to second
or third reading. In such case the following form should
be used, with the necessary changes. In case the bill
has been recommitted, the word " referred " should be
stricken out and the word " recommitted " substituted
therefor.

Form No. 47.

Fob Assembly Bills.

Mr , from the Committee on » to

which was referred the bill, introduced by Mr

(No ) (Int. No ). entitled,

(Here Insert title.)



retaining Its place on the order of reading, re-
ported in favor of the passage of the following substitute
bill: ^



stitut^^l^^.



508 Clebk's Manual.

(Here Insert the substitute bill, written out In full.)



Which report was agreed to and said substitute bill or-
dered printed and restored to Its place on the order of
reading.

Substitute Bill.



Report of a Resolution.
CJoncurrent resolutions, proposing amendments to the
Constitution should be reported in all respects as a
bill, except that the word " bill *' should be stricken
out and the words " concurrent resolution " inserted in
place thereof. The report of any other resolution of
the House, should not contain a statement of the amend-
ments made by the committee but should contain che
resolution in its final form without reference to the
resolution in the form referred to the committee, other
than a statement of the subject thereof. The following
is the form of a report on a resolution of the House.

Form No. 50.

Fob Assembly Bills.

Mr , from the Committee on , to

which was referred the resolution relative to
(Here insert a brief description.)



reported In favor of the adoption of the following resolu-
tion:



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Clebk^s Manual. 509

(Here Insert resolution.)



Which report was agreed to.

Adverse Report.
A committee may decide to report a bill adversely for
the purpose of defeating it without attempting to
amend it, in which case the following form should be
used:

Form No. 51.

Fob Assembly Bills.

Mr. , from the Committee on , to

which was referred the bill, introduced by Mr

(No ) (Int. No ), entitled,

(Here insert title.)



reported adversely thereto,
WhicL report was agreed to and said bill rejected.



Senate Bills.
The forms used for the report of Senate bills and the
rules governing the report of such bills are identical
with the forms and rules governing the report of As-
sembly bills, except that the reception number is used
in place of the introductory number and a different
colored blank is used in each case, so that the Journal
Clerk and the Index Clerk can distinguish at a glance the
reports of Assembly bills from those of Senate bills.
Blanks intended for reports of Assembly bills should

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,gl



510 Clebk's Manual.

never be used in reporting Senate bills and the same
care should be exercised in using the proper blanks for
each Senate bill reported.

Where Senate bills are amended the statement of
amendments should always refer to the numbered pages
and lines of the last printed copy of the Senate bill
and the amendments should be written out upon such
printed copy of the bill and never upon the engrossed
copy in the jacket. When a Senate bill is amended it
becomes subject to the rules of the Assembly, relating
to the printing of the bill, and for such purpose is
treated as an Assembly bill, and the rule as to under-
scoring new matter and enclosing old matter in brackets
of an amendatory act, must be adhered to. The different
forms used for the report of Senate bills will not be
given in full, but a reference will be made to their num-
bers. The forms correspond so closely with those used
in reporting Assembly bills, that further illustrations
are unnecessary.

Report of a Senate Bill, Favorable, without Amendment.

Form No. 52.

Fob Senate Bills.

Mr , from the Committee on , to

which was referred the Senate bill introduced by Mr.

(No ) (Rec. No ). entitled,

(Here insert title.)



reported in favor of the passage of the same, without
amendment.

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Clebk's Manual. 511

(Here insert title.)



Which report was agreed to and said bill placed on the
order of second reading.

Report of a Senate Bill, Favorable, with Amendments.

Form No. 53.

Fob Senate Bills.

Mr , from the Committee on , to

which was referred the Senate bill, introduced by Mr.

(No ), (Rec. No ), entitled,

(Here insert title.)



reported in favor of the passage of the same with the
following amendments:

(Here insert amendments written out in full.)



Chairman.

Which report was agreed to and said bill ordered re-
printed, as amended, and placed on the order of second
reading.

Report of a Senate Bill Advanced to Third Reading
before Reference, and Reported Favorably without
Amendment.



Form No. 54.
For Senate Bills.



^■^P^'



512 Clerk's Manual.

Report of a Bill Advanced to Third Reading before

Reference, and Reported Favorably with Amendments.

Form No. 56.

For Senate Bills.

Report of a Senate Bill with Amendments, to be Re-
printed and Recommitted.

Form No. 57.

For Senate Bills.

Report of a Senate Bill, Recommitted, without Having
Been Advanced to Second Reading, Favorable, without
Amendment.

Form No. 58.
For Senate Bills.

Report of a Senate Bill, Recommitted without Having
Been Advanced to Second Reading, Favorable, with
Amendments.

Form No. 59.
For Senate Bills.

Report of a Senate Bill, Recommitted, without Having
Been Advanced, and Reported with Amendments to
be Reprinted and Recommitted.

Form No. 60.
For Senate Bills.

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Clebk's Manual. 513

Report of a Senate Bill Recommitted on Second Read-
ing, and Reported Favorably without Amendment

Form No. 61.
For Senate Bills.

Report of a Senate Bill, Recommitted on Second Read-
ing and Reported Favorably with Amendments.

Form No. 62.

Fob Senate Bills.

Report of a Senate Bill, Recommitted on Third Read-
ing and Reported Favorably, without Amendment.

Form No. 63.

Fob Senate Bills.

Report of a Senate Bill, Recommitted on Third Read-
ing and Reported Favorably, with Amendments.

Form No. 64.
Fob Senate Bills.

Report of a Senate Bill, Recommitted on Second or
Third Reading, and Reported with Amendments to
be Reprinted and Recommitted.

Form No. 65.
For Senate Bills.

Report of a Substitute for a Senate Bill which Has Not
Been Advanced.

Form No. 66.
Fob Senate Bills,

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514 Clebk's Manual.

Report of a Substitute for a Senate BiU which Has Deen

Advanced or Recommitted Prior to such Report.

Form No. 67.

Fob Senate Bills.

Adverse Report of a Senate BilL

Form No. 68.

Fob Senate Bills.

Report of a Senate Bill for the Consideration of the
House.

Use the form otherwise required, striking out the
words " in favor of the passage of the same," and insert
in place thereof the words "for the consideration of
the House."

Report of Senate Resolutions.

A Senate concurrent resolution proposing an amend-
ment to the Constitution is reported in the same form
as a Senate bill except that the word " bill " is stricken
out and the words " concurrent resolution " inserted in
place thereof. Other concurrent resolutions of the Sen-
ate are treated in a different manner than resolutions
of the House.

In reporting a resolution of the House, if amended,
the amendments are not stated in the report, but the
report contains the resolution in its final amended form
only. In reporting a resolution of. the Senate the amend-
ments should be inserted in the original resolution and
stated in the report in practically the same form as in
reporting a bill, and the following forms should be \ised:

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OtJSK's Maxtjal. 515

Report of a Senate Concurrent Resolution, Favorable,

without Amendment.

Form No. 60.

Fob Senate Resolutions.

Mr. from the Committee on to

which was referred a Senate concurrent resolution, relative
to

(Here insert a brief description.)



reported in favor of the adoption of the same without
amendment.
Which report was agreed to.

Report of a Senate Concurrent Resolution, Favorable,
with Amendment.
Form No. — .
Fob Senate Resolutions.

Mr , from the Committee on , to

which was referred the Senate concurrent resolution rela-
tive to

(Here insert a brief description.)



reported in favor of the adoption of the same with the
following amendments:

(Here insert amendments, written out in full.)



Which report was agreed to. Chairman.

Report of a Committee by Bill.
A committee may report by bill, and such action is
deemed equivalent to the introduction of said bill and

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616 Clebk*s Manual.

report thereof by the committee, and it takes the name
of the committee by whom introduced as its introducer.
Such report may be made as the result of a reference
to said committee of a message from the Governor or
communication of a state officer, board or body, or the
petition or memorial of other persons; or the committee
may take such action upon its own initiative.

Report of a Committee by Bill.
Mr from the Committee on • •#

reports by bill, entitled

(Here insert title.)



Report of a Committee by Bill Pursuant to a Message

or Communication.

Mr , from the Committee on , to

whicli was referred the (message of the Governor relative
to )



reports by bill entitled,

(Here insert title.)



Report of a Bill or Resolution for the Consideration of
the House.
It often happens that a committee is not willing to
recommend the passage of a bill yet desires to have the
bill considered by the House. This action may be taken
upon any bill which is in its possession. For such re-



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Clebk's Manuajl. &n

port use th€ proper form for a favorable report, strik-
ing out the words " in favor of the passage of the same **
and inserting in place thereof the words " for the con-
sideration of the House."

Members of a Committee Dissenting from Report.

It often happens that on certain measures, certain
members of a committee may desire that it appear upon
the Journal record that they did not agree to the report
of a bill but dissented therefrom. This they have the
right to do and to have such fact noted in the report.
In such case there should be interlined at the end of
the first sentence, in the last part of the report and
before the words " which report was agreed to " the

words " Mr or Messrs (as the case

may be) dissented therefrom."

Committee of Conference.

In every case of difference between the two houses,
upon any subject of legislation, either house may request
a conference, and appoint a committee for that purpose,
and the other shall also appoint a committee to confer.
The committee shall meet at such hour and place as
shall be appointed by the chairman of the committee on
the part of the house requesting such conference. The
committee shall report in writing, and shall be author-
ized to report such modifications or amendments as
they think advisable. But no committee on conference
shall consider or report on any matter except those di-
rectly at issue between the two houses. The papers
shall be left with the conferees of the house assenting
to such conference, and they shall present the report of
the committee to their house. When such house shall
have acted thereon, it shall transmit the same, and the
papers relating thereto, to the other, with a message
certifying its action thereon. Every report of a ^
mittee of conference shall be read through, in
house, before a vote is taken on the same. — Joint




618 Clerk's Manual.

It shall be in order for either house to recede from
any subject matter of difference existing between the
two houses at any time previous to conference, whether
the papers on which such difference arose are before the
house receding, formally or informally; and on such
vote to recede the same number shall be required to
constitute a quorum to act thereon, and to assent to
such receding, as was required on the original question
out of which the difference arose. — Joint rule 3.

In case of a failure of the conferees to agree, a report
of such disagreement may be made and a further con-
ference may be had, either by the same or new com-
mittees appointed for such purpose. After each house
shall have refused conference and shall have adhered to
their disagreement, the bill which is the subject of
difference shall be deemed lost, and shall not be again
revived during the same session in either house. —
Joint rule 4.

All joint committees of the two houses, and all com-
mittees of conference, shall consist of three Senators and
five members of the Assembly, unless otherwise specially
ordered by concurrent resolution, and m voting, all
questions shall be determined by tue vote of the com-
mittee of each house taken separately. — Joint rule 5.

Whenever a bill which originated in one House has
been amended by the other House and the House in
which said bill originated, does not concur in such
amendment, the amendments are non-concurred in and
a request is made for a committee of conference. For
illustration:

Suppose that an Assembly bill has passed the Assem-
bly and amendments are made in the Senate to which
the Assembly will not accede. When the bill is re-
turned to the Assembly from the Senate the introducer
moves that the Assembly non-concur in the amendments
and requests the appointment of a committee of confer-
ence. The Senate accedes to this request and the presi-
dent of the Senate names three senators members of
said committee. The bill then returns to the Assembly

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Clebk's Manual. 519

and the Speaker names five members of said committee.
The committee then meets and considers the matters
in difference. The clerk of the committee to which the
bill was originally referred usually acts as the clerk
of the committee of conference. It is his duty to notify
the members of the committee of the time and place of
meeting, to attend the same and prepare the report.
Three copies of the report must be prepared and the
copy of the bill as agreed to by the committee with all
amendments inserted must be returned with the report
as well as the jacketed bill. The original report must
be signed personally by a majority of the committee, the
other two copies need not be personally signed, but the
committee clerk must copy the signatures thereon. The
original report is placed in the jacket and goes to the
Governor, if the bill finally passes. One of the dupli-
cates of the report is for the Assembly Journal and
the other for the Senate Journal. The form of the
report must conform to the action taken by the confer-
ence committee, and the expressions usually used therein
are as follows:

"That the Senate (or Assembly) recedes from its
amendments."

"That the Senate (or Assembly) amendments be con-
curred in."

"That the Senate (or Assembly) recedes from the fol-
lowing amendments, viz. (writing out amendments in
full), and that the Assembly (or Senate) concur in the
balance of said amendments."

"Tliat the Senate (or Assembly) recedes
amendments and that said bill be amended as f^
(H^re write out amendments in full.)



»



520 CLEBK'a Manual.

Any new amendments made by a committee of con-
ference, must relate solely to the matters in controversy.

The report of a committee of conference is made to
the House in which the bill originated, and the following
form should be used, and made to conform to the action
of the committee as hereinbefore suggested:

Form No. — .

Mr , from the Committee of Conference,

r resented the following report:
To the Legislature:

The undersigned, appointed by the Senate and Assembly
EH a Committee of Conference relative to tlie matters of
difference arising between the two Houses, upon the

bill (No ) (Rec. or Int. No. ),

entitled,

(Here Insert title.)



report that they have duly conferred upon said matters
and agree to recommend as follows:



Committee on the part of the Senate.



Committee on the Part of the Assembly,

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Clebk's Manual. 521

Committees on Revision, Engrossed Bills and Rules.

The clerks in charge of these committees are neces-
sarily experienced in the work required and no special
directions for their guidance need be given. A full set
of blanks for the reports of these committees are pro-
vided.

Duties at Close of Session.
It is the duty of every committee clerk, at the close
of the session of the Legislature, to complete and post
up his record book, making a full report of the work of
his committee for the session upon a form provided for
such purpose and deliver such report, together with all
original bills not reported from the committee and re-
maining in his possession, to the Index Clerk. He should
have in his possession the original of every bill not re-
ported from the committee, and his record book and re-
port must account for every bill and resolution which
has been referred to his committee. This work should
not be neglected, as it is necessary in order to enable
the Index Clerk to check up his records at the close of
the session. The final report must be submitted prior
to the day of final adjournment.

Legislative Procedure.
As every new member will have the responsibility of
legislation for his locality, a brief statement of the
manner of introducing, progressing and passing a bill
will be found convenient.

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622 Ci/EBK*s Manual.

Introduction of Bills in the Senate.
In the Senate, under the order of " introduction of
bills," the districts are called numerically, and each
senator desiring to introduce a bill, as the number of his
district is called, rises in his place and addressing the
President of the Senate, sends the bill to the clerk's
desk, where it receives its first reading and also its
second reading by its title, unless the same is objected
to, in which case the bill is read through and then re-
ferred to the proper committee. Each bill must be pre-
pared and sent to the clerk's desk in duplicate.

Preparation of Bills in the Assembly.

Much depends upon the care with which a bill is pre-
pared.

If it is not clear in language or is faulty in form or
construction it will necessarily have to be amended and
reprinted and its passage thus delayed. There are some
general rules, which if followed will obviate the most
common errors.

1. The bill should be typewritten and have endorsed
upon the outer sheet or cover the title of the bill with
the name of the introducer.

2. Each bill must be prepared in duplicate, one copy
is transmitted to the printer and the other filed with
the librarian of the Assembly for reference.

3. The title should be concise, and if the bill is a
private or local bill it must embrace but one subject, and
that must be expressed in the title. (Art. 3, § 16,
Const. )

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Clebk's Manual. 523

4. No act shall be passed which shall provide that any
existing law or any part thereof shall be made or
deemed a part of said act or which shall enact that any
existing law or part thereof shall be applicable except by
inserting it in such act. (Art. 3, § 17, Const.)

6. Every bill must have an enacting clause which fol-
lows the title and must be in the following form " The
People of the State of New York, represented in Senate
and Assembly, do enact as follows :'* (Art. 3, § 14,
Const.)

6. Every section should be numbered, commencing at
one. In the first section the word " section " should be
written out and in each succeeding section the character
should be used.

7. No figures should be used in a bill except for the
numbers of the sections. No abbreviations should be
used.

8. Private or local bills shall not be introduced ex-
cept upon a memorial or petition presented to the House
and verified by the party or parties praying for the pas-
sage of the same except by order of the House. (As-
sembly rule 8.)

9. The title and first section of every bill should be
drawn in strict compliance with the provisions of As-
sembly rule 9.

10. Every bill amending existing law must in the
body of the bill have all new matter printed undersea
and all matter to be eliminated by amendment froj
isting law must be printed in its proper place \n t
inplpsed i^ brs^-ckets, (As§^^lbly r^le 9.)

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524 Clebk's Manual.

11. The following is an illustration of the general form
to be followed in drafting bills to be modified according
to the character of the bill or subject matter, as indi-
cated in rule 9.

AN ACT to amend the legislative law relative to slips of
general laws to be forwarded to clerks.

The People of the State of New York, represented in
Senate and AssemMi/f do enact as follows :

Section 1. Section forty-nine of chapter two hundred
and eighty-two of the laws of eighteen hundred and
ninety-two as amended by chapter one hundred and
thirty-two of the laws of eighteen hundred and ninety-
three and chapter one hundred and thirty-eight of the
laws of eighteen hundred and ninety-four and chapter
two hundred and fifty-nine of the laws of eighteen hun-
dred and ninety-six is hereby further amended so as to
read as follows :

§ 49. (Here insert section forty-nine as it is desired
to amend the same, underscoring new matter and en-
closing matter to be eliminated in brackets.)

How to Introduce a Bill.

There are two methods of introducing a bill in the
Assembly by a member as follows:

1. The member rises in his seat and being recognized
by the Speaker, asks unanimous consent to introduce a
bill. If no objection is made, the bill is sent to the desk
and its title is read. If the member is desirous of pro-
gressing the bill he then asks imanimous consent " that

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Clebk's Manual. 525

the bill may now have its second reading." This re-
quires a roll-call to ascertain if unanimous consent be
given, and if the roll-call shows no objection the bill is
read by sections and ordered to a third reading. One
objection prevents the introduction of a bill in this
manner and likewise one objection will prevent its
advancement to a third reading.

2. The second and most ordinary method of introduc-
ing a bill by a member is by means of the bill-box. This
box is located on the right of the Clerk's desk and all
that is necessary to be done is to have duplicate copies
of a bill prepared and deposit them in the bill-box.
The bills so introduced are usually announced the fol-
lowing morning and have their first reading and refer-
ence to the proper committee.



Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 34 of 45)