RULE 18. The committee on engrossed bills shall examine all bills, amendments and resolutions which are required to be engrossed, before they go out of possession of the senate, and make report when they find them correctly engrossed, before they are read the third time; they shall also compare 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 re-engrossed in the senate, for the purpose of seeing if they are correctly engrossed; and no bill shall have its third reading unless it shall have been printed, nor until it has been engrossed, and report thereon made by the committee on engrossed bills, that it is correctly engrossed. RULE 19. 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 entered on the journal. OF GENERAL ORDERS AND SPECIAL ORDERS. RULE 20. 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.: 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 member without the putting of any question therefor; but if not so moved, it shall lose its preference for the day. And whenever three bills have been moved consecutively, the senate shall go into committee of the whole upon them without further orders; and whenever a motion shall prevail in committee of the whole that the committee now rise, report progress and ask leave to sit again, the motion shall include the bills remaining unacted upon in the committee of the whole which shall be considered in the first committee of the whole thereafter; and no bill shall be considered in committee of the whole, unless the same shall have been printed. RULE 21. Whenever any bill or other matter is made the special order for a particular day, and it shall not be completed on that day, it shall retain its place in the general orders, unless it shall be made the special order for another day; 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. RULE 22. The rules of the senate shall be observed in the committee of the whole, so far as 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. RULE 23. Bills committed to a committee of the whole senate shall in committee of the whole be read through by sections. The reports 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 aniendment before the question to engross is put; but such amendments only shall be in order as were offered and decided in the committee of the whole senate, except by unanimous consent. [SENATE JOURNAL] 17 RULE 24. 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. RULE 25. Every bill shall be introduced by a senator in his place, or on the report of a committee, or by message from the assembly. RULE 26. When a bill shall be reported by committee of the whole, and not otherwise disposed of, the question shall be, "Shall the report be agreed to?" 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 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 23d rule, or lay on the table, or to postpone to a future day, shall be in order. If such question be decided in the negative, such bill shall be deemed lost. RULE 27. 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 twice read, and no bill shall be read a third time out of its regular order, nor on the same day on which it is ordered to a third reading, unless on a vote of two-thirds of all the senators present and 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, except that it shall not be necessary to commit such resolution to a committee of the whole; and no bill shall be ordered to a third reading without having been acted upon in committee of the whole. RULE 28. 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 completion of the final reading thereof. RULE 29. 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. RULE 30. 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 receive the number of votes required by the constitution to pass it, it shall be declared lost, except in cases provided for by the 33d rule, and such question shall be taken immediately after the third reading and without debate. RULE 31. All bills shall be printed in the order in which they are reported by the committees, unless otherwise ordered by the senate. RULE 32. The vote on the final passage of any bill appropriating the public moneys or property, or creating, continuing, altering or renewing 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; nor shall any bill be referred to a select committee with power to report complete, unless such bill has previously been considered in committee of the whole, and read through by sections. RULE 33. If, on taking the final question on a bill, it shall appear that a constitutional quorum is not present, or if the bill require a vote of two-thirds of all the members elected to pass it, and it appears that such number is not present, the bill shall be laid on the table, and the final question taken thereon at such time as the senate shall order. OF MOTIONS AND THEIR PRECEDENCE. RULE 34. When a question is before the senate, no motion shall be received, except as herein specified; which motions shall have precedence in the order stated, viz.: 1. For an adjournment. 2. To lay on the table. 3. To postpone indefinitely. 4. To postpone to a certain day. 5. To commit to a standing committee. 8. To amend. The motion to adjourn and to lay on the table shall be decided without debate, and shall always be in order. RULE 35. All motions shall be reduced to writing, if desired by the president or any member, delivered in at the table, and read by the president or clerk, before the same shall be debated; but any such motion may be withdrawn at any time before decision or amendment is made. RULE 36. If the question in debate contains several points, any member may have the same divided, provided the division called for embodies a distinct principle or statement of fact. RULE 37. A motion to postpone, commit or refer, until it is decided, shall preclude all debate of the main question. RULE 38. 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. RULE 39. 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 reconsideration of any vote shall be in order after the bill, resolution, message, report, mendment or motion, upon which the vote was taken, shall have gone out of the possession of the senate, and no bill or resolution shall, before the first day of April, 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. Nor shall any question be reconsidered more than once. RULE 40. All concurrent resolutions shall lie on the table at least one day. OF QUESTIONS OF ORDER. RULE 41. All questions relating to the priority of business shall be decided without debate. RULE 42. When the reading of a paper is called for, except petitions, and the same is objected to by any member, it shall be determined by a vote of the senate, without debate. RULE 43. When a senator shall be called to order, he shall take his seat until the president shall have determined whether he was 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 decided by the president, subject to an appeal to the senate by any member; and no second appeal shall be determined until the original appeal shall be decided; and if a senator be called to order for words spoken, the words excepted to shall be immediately taken down in writing, that the president or senate may be better enabled to judge of the matter. RULE 44. Upon a division in the senate, the names of those who voted for or against a question shall be entered alphabetically on the minutes, if any senator requires it, except upon motions to excuse a senator from voting, which shall be decided by count; and each senator called upon, unless, for special reasons, he be excused by the senate, shail declare, openly and without debate, his assent or dissent to the question. OF EXECUTIVE SESSION. RULE 45. On motion made and seconded to close the doors of the senate, on the discussion of any business which may, in the opinion of any senator, require secrecy, and during the consideration of all business in executive session, the president shall direct all persons, except the senators and clerk of the senate, his messenger and the executive clerk thereof, to withdraw; and during 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. RULE 46. The proceedings of the senate upon executive business shall be kept in a journal separate from its proceedings upon legislative business. RULE 47. The senate shall go into consideration of executive business only on the first and third Wednesdays of every month that it is in session; at twelve o'clock, at noon thereof, unless otherwise ordered by a majority of all the senators elected. All nominations sent by the governor for the appointment of any officer (except notaries public), shall be referred to that standing committee of the senate to which the duties of such officer appertain, unless the senate shall order the same referred to some other standing committee; and no nomination shall be further considered by the senate until after the report thereon of a majority of the committee to which it was referred, unless the said committee shall fail to report thereon at the next regular executive session, and the consent of the senate to the appointment of any officer nominated by the governor, given on any day of the transaction of executive business, shall not be transmitted to the governor, until the next day thereafter for the transaction of such business. 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 from that city and county; and when the nominee resides in the county of Kings the reference shall be to the senators from that county. The confirmation of the nomination for any office, except that of notary public and that of loan commissioner, shall require a vote of a majority of all the senators elected. Any provision of this rule may be waived by unanimous consent. MISCELLANEOUS PROVISIONS. RULE 48. No person other than officers of the State, members and officers of the senate and assembly, unless on invitation of the president, or by vote of the senate, shall be admitted within the bar. RULE 49. None but the president, senators and clerks shall b allowed to take books belonging to the senate chamber; 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 he shall 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. RULE 50. It shall be the duty of the superintendent of documents and his assistant, to have the documents and bills promptly placed upon the files of the president and senators, in the order of their numbers, and it shall be the duty of the assistant sergeant-at-arms to see that the mails are punctually delivered. RULE 51. No rule of the senate shall be altered, suspended or rescinded without a vote of a majority of all the senators elected; and no motion to suspend, alter or rescind any such rule, or any joint rule of the two houses, shall be in order without the unanimous consent of the senate, unless one day's previous notice thereof shall be given; and no motion to suspend shall embrace more than one rule, or relate to any other subject than the one specified in said motion. RULE 52. Whenever a claim is presented to the senate and referred to a committee, and the committee report that the claim ought not to be allowed, and the report be 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 at 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 has been discovered since the report, and setting forth the new evidence in the memorial. RULE 53. In case a less number than a quorum of the senate shall convene, they are hereby authorized to send the sergeant-at-arms, or any other person, for any or all absent members, as the majority of such members shall agree. The President put the question whether the Senate would agree to said report, and it was decided in the affirmative. The President presented the report of the New York Commissioners appointed to settle the disputed boundary lines with the State of Con necticut. Ordered, That said report be laid on the table and printed. (See Doc. No. 27.) Mr. Robertson moved that 300 copies of the amended Rules of the Senate be printed for the use of the Senate. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows: The Assembly sent for concurrence the following resolution : |