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The Temporary President and the Minority Leader shall be ex-officio members of the Committees on Finance, Judiciary, Affairs of Cities, Public Service, Internal Affairs and Public Education. A report may be made by a majority of any committee, or by six members of any committee with the chairman voting therefor and less than six members opposed.

8. The committee on printed and engrossed bills shall examine all bills referred to it to see that they are correctly printed and engrossed before they are read the third time.

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 Governor shall have certified to the necessity of its immediate passage, under his hand and the seal of the State, nor unless such bill is correctly printed and 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 concurrence, 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 correct bills referred to it, for the purpose of avoiding repetitions and ensuring accuracy in the text and references. 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 made otherwise than by a majority of the committee present at the time the report is made, shall give the names of the members of the committee favoring such report. 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 entered upon the Journal.

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 President 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 business in which it was considered; and when a special order is under consideration, it shall

take precedence of any special order for a subsequent 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 applicable, 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 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. But whenever the committee is engaged in the investigation of any charges against any of its members the rules of the Senate shall apply.

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 amendment before the question to agree with the report of the Committee of the Whole is submitted to the Senate; but such amendments only shall be in order as were offered 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.

OF BILLS

16. Every bill shall be introduced by a Senator or on the report of a committee, or by message from the Assembly, and after its first and second reading, 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 the 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 substitution shall be in order under the order of business of messages from the Assembly, motions and resolutions, 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.

Bills introduced by Senators shall be deposited at any time in a box to be known as the bill box, which shall be under the immediate charge of the Clerk, and which shall be kept securely locked until all bills so deposited are removed by him, or by the deputy clerk authorized by him. Bills so deposited shall be given to the President of the Senate at his convenience before or at the opening of the session. They shall have their first and second [SENATE JOURNAL]

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reading in the order of business immediately after the presentation of petitions and be referred by the President of the Senate to the appropriate committees with the consent of the Senate. The box shall be opened at any time during the session and the bills therein given to the President of the Senate on request of the Temporary President, when they shall have their first and second reading at any time prior to adjournment and be so referred. Bills may by unanimous consent be introduced from the floor of the Senate.

Every bill introduced by a Senator shall be in triplicate 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 Law, or Revised Statutes, or law to be amended with some brief reference to the subject-matter of the proposed amendment, 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.

A bill providing for an appropriation or creating or increasing a charge upon the State Treasury shall, when reported by any committee other than the finance committee, be referred to the finance committee to consider and report thereon and the committee reporting such bill shall, at the time of making such report, recommend the further reference thereof to the finance committee.

At the request of the Temporary President or of the Chairman. of Finance, a bill creating or increasing a charge upon the State Treasury reported by any committee other than the Finance Committee, shall, at any time before final reading, be referred to the Committee on Finance which may consider and report upon any features in the bill creating or increasing such a charge.

17. When a bill shall be reported by the committee of the whole, and not otherwise disposed of, the question shall be, "Shall the report be agreed to?" 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 the table, or to postpone to a future day, shall be in order. And when the 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. Should the report be not agreed to, the bill shall then lie upon the table and be subject to any further action of the Senate and may be called up at any time in the order of Reports of Committees or Motions and Resolutions.

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 and shall only be read by sections in the Committee of the Whole, except when the bill shall not have been

printed and upon the desks of members for three days, when it may be so read. 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.

All resolutions which propose any amendment of the Constitution, or ratify any proposed amendment to the Constitution of the United States, shall be treated in the form of proceedings on them, in a similar manner with bills.

No bills shall be ordered to a third reading without having been acted upon in, and reported from the Committee of the Whole and the Committee of the Whole shall not be discharged except after suspension of this rule.

The Calendar of bills on the order of third reading shall consist of all bills which have been ordered to a third reading by vote of the Senate, and, as well, all Assembly bills which, having passed the Senate, have been subsequently reconsidered upon recall from the Governor and thereupon amended by the Assembly.

19. After a bill or resolution to amend the Constitution 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 committed prior to the final reading thereof.

20. When any bill requiring the concurrence of two-thirds of the Senators is under consideration, such concurrence 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.

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, and all bills amended in the Senate, shall be immediately reprinted, except that any bill which is amended by restoring it to an earlier form, shall not be required to be reprinted, and thereafter the printed number of the bill in the form to which it has been so restored, shall constitute the final form of such bill unless further amended.

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 appear 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 appropriating 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 Senators elected, but all other bills, when the same shall have been lost, may be reconsidered by a vote of a majority 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 to a certain day.

5. To commit to a standing committee.

6. To commit to a select committee.

7. To commit to the committee of the whole.

8. To amend.

9. To postpone indefinitely.

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 46.

The motion to discharge a standing committee from consideration of a bill, resolution or question, and the motion to suspend the rules shall only be made in the order of business of Motions and Resolutions, after two days' previous notice thereof in writing.

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

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