Page images
PDF
EPUB

Rule 30. 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 31. 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 34th rule.

Rule 32. All bills shall be printed in the order in which they are reported by the committee, unless otherwise ordered by the Senate. Rule 33. 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 34. 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 35. 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.:

[merged small][ocr errors]

The motion to adjourn and to lay on the table shall be decided without debate, and the motion to adjourn shall always be in order.

Rule 36. 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in at the table, and read by the president or clerk, before the same shall be debated; but any such motion may be withdrawn at any time before decision or amendment is made.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 37. 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 38. A motion to postpone, commit or refer, until it is decided, shall preclude all debate of the main question.

Rule 39. 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 40. When a question has been once 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, amendment 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 41. All concurrent resolutions shall lie on the table at least one day.

OF QUESTIONS OF ORDER.

Rule 42. All questions relating to the priority of business shall be decided without debate.

Rule 43. 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 44. 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 entertained 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 45. 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, shall declare, openly and without debate, his assent or dissent to the question.

OF EXECUTIVE SESSION.

Rule 46: 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 and his messenger, 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 47. The proceedings of the Senate upon executive business shall be kept in a journal separate from its proceedings upon legisla

tive business.

Rule 48. The Senate shall go into consideration of executive business on the third Wednesday of every month that it is in session, at twelve o'clock at noon thereof. Any nomination sent by the Goverror for the appointment of any officer, except notaries public, shall be referred to that standing committee of the Senate to which is usually referred the subject to which the duties of such officer appertain, and no nomination shall be further considered by the Senate until after the report thereon of a majority of the standing committee to which it was referred. 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 senator from that county. [Senate No. 3.]

2

MISCELLANEOUS PROVISIONS.

Rule 49. 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 50. None but the president, senators and clerks shall be 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 51. It shall be the duty of the sergeant-at-arms, 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 52. 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 53. 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 54. In case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the sergeant-atarms, or any other person, for any or all absent members, as the majority of such members shall agree.

« PreviousContinue »