E84-2011 Actions

• Jan 31, 2011: lost

E84-2011 Text

 LY RESOLUTION amending Rule III of the Assembly rules, in relation
  introduction of bills and resolutions

 ED,  That  Rule  III  of  the Assembly rules is amended to read as
 s:

                           RULE III

                     BILLS AND RESOLUTIONS

 ion 1. Contents.
 itle.
 The title of every bill shall briefly state the subject thereof.
 The title of every bill amending or repealing any provision  of  a
 idated law shall refer to such law.
  The  title of every bill amending or repealing any unconsolidated
 all refer to such law by its short title, if it have  one;  if  it
 no  short  title,  the  title of such bill shall state the chapter
 , year of enactment and the complete title of the original bill or
 t summary of the provisions to which the law relates.
 If such bill is amending or repealing a proposed provision of  law
 ned  in a bill that has not been enacted into law, the title shall
 the number of the bill containing the proposed provision of law to
 nded or repealed, with suffix, if there be one, and the subject of
 ovisions to which the amendatory bill relates.
 ill sections.
 In any bill, each section proposing an amendment to or the  repeal
 i)  any  consolidated law, or any part thereof; or (ii) the Family
 Act, the Court of Claims Act, the Uniform District Court Act,  the
 m Justice Court Act, the Uniform City Court Act, the New York City
 r,  the  Administrative Code of the City of New York, the New York
 ivil Court Act, the New York City Criminal Court Act, or the Char-
  the City of Buffalo, or any part thereof shall refer to such law,
 harter or code.
 In any bill, each section proposing an amendment to or the  repeal
   unconsolidated  law  having  a short title, or any part thereof,
 refer to such law by its chapter number and year of enactment  and
 hort  title.   If an unconsolidated law shall have no short title,
 ection shall state the chapter number and  year  of  enactment  of
 law and a short summary of the provisions to which the law relates
  complete title of the original bill.
 If such section amends or repeals  a  proposed  provision  of  law
 ned  in  a  bill  that has not been enacted into law, each section
 state the number of the bill containing such  proposed  provisions
  to be amended or repealed, with suffix, if there be one.
  If  the portion of the law proposed to be amended has been added,
 ered or amended since  the  original  enactment  or  last  general
 on of the law of which it is a part, such section shall also state
 hapter  number  and  year  of  the last act adding, renumbering or
 ng the same, as the case may be.
 ody.
 Every bill amending, adding to or repealing existing law, upon its
 uction, and if reprinted, must, in the body of the bill have:

 All new matter to be added to or inserted in existing  law  under-
 ;
 All matter to be eliminated by amendment from existing law printed
  proper place in the bill enclosed in black-faced brackets;

  The  word  "repealed,"  when  any existing law or part thereof is
 ed to be repealed, printed in boldface type; and
 Whenever it is proposed to amend only a part of a word in existing
 the  whole  of  such  word  shall  be  printed in its proper place
 ed in black-faced brackets and the whole word as proposed shall be
 cored.
 Whenever a bill is amended by  eliminating  proposed  new  matter,
 ew matter shall be omitted in the reprint of the bill.
 xplanatory note.
 e  shall  be  appended  at the end of every bill introduced in the
 ly, which proposes the repeal or extension of any existing law, or
 hereof, merely by reference thereto,  without  setting  forth  the
 thereof,  an  explanatory  note  which shall briefly and concisely
 the subject matter of the law, or part  thereof,  proposed  to  be
 ed  or extended, unless such subject matter is stated in the title
 h bill.
 onconforming bills.
 ever it shall be called to the attention of the Speaker  that  any
 introduced  is  not  drawn  or  printed  in  accordance  with  the
 ions of this Rule, the Speaker may,  in  his  or  her  discretion,
   the Index Clerk to cause such bill to be immediately amended and
 ted so as to comply therewith, and when reprinted said bill  shall
 tored to the place it held when such direction was given.
 ntroducer's memorandum.
 e  shall  be appended to every bill introduced in the Assembly, an
 ucer's memorandum setting forth the purpose of the bill, a summary
  provisions, a statement of its fiscal  impact  on  the  state,  a
 ent  of its impact on the regulation of businesses and individuals
 statement as to whether the bill imposes or changes any fine, term
 risonment, forfeiture of rights or other penal sanction,  together
 the  nature of such imposition or change in a format and length to
 scribed by the Speaker. Whenever a bill is amended by its sponsor,
 ll be the duty of  the  sponsor  to  file  an  amended  memorandum
 g  forth the same material as required in the original memorandum.
 ition, whenever a bill is reported by a committee as  amended,  it
 be the duty of the committee to submit an amended memorandum.
  Introduction.
 very bill introduced in the House shall be in duplicate and accom-
   by the introducer's memorandum in quadruplicate. Such bill shall
 sented by the introducer  to  the  Index  Clerk  [and]  WHO  SHALL
 E  THE INTRODUCER WITH A DATE AND TIME STAMPED RECEIPT AND THEN BE
 red by the Index Clerk to the Office of Assembly Revision for  the
 es set forth in subdivision a of section eight of this Rule. Ther-
 ,  such bill shall be referred to a standing committee, other than
 mmittee on  Rules,  by  the  Speaker,  WITHIN  FORTY-EIGHT  HOURS,
 ed  a  number, printed and placed on the desks of the members. The
 Clerk shall, on the day of its introduction, cause such bill to be
 itted to the printer. A copy of each bill shall be  available  for
   inspection  in  the  Office  of Assembly Revision. The Office of
 ly Revision shall maintain a photocopy  machine  for  use  by  the
   to  copy  any such bill at a per page price to be established by
 eaker pursuant to the "Freedom of Information Law".
 On or after November fifteenth of a calendar year,  a  member  and
 -elect may submit a bill, in accordance with subdivision a of this
 n,  for introduction at the commencement of the following legisla-
 ession. Such prefiled bill shall be assigned a number and referred
 ommittee, but shall not be deemed introduced until  the  commence-
 f such legislative session.

  Each time a bill is amended and reprinted, a letter of the alpha-
 tarting with "A", shall be added to its number.
   All  bills,  whether  introduced in the House or communicated by
 e from the Senate, or by the Governor pursuant to Article  VII  of
 nstitution, shall be deemed to have had their first reading unless
 ise  ordered  by  the  House  and  shall be referred to a standing
 tee, to consider and report thereon.  At any time the Speaker may,
 he consent of the House, change the reference of any  bill.  Every
 e  from  the Senate communicating an amendment to an Assembly bill
  except with unanimous consent for immediate passage, be  referred
 e  committee  which  reported the bill with power to report at any

 o bill shall be introduced in the  House  except  in  one  of  the
 ing modes:

 by a member;
 by a report of a standing committee;
 by order of the House;
 by message from the Senate; and
 by the Governor under Article VII of the Constitution.
 1) Any Assembly bill introduced in the regular legislative session
 e  first  year  of  the term of the Assembly shall be deemed to be
 oduced for the second year of such term, provided such bill was:

 not reported from a standing committee;
 reported and referred;
 recommitted to a standing committee; or
 referred back to a standing committee by the  Committee  on  Rules
 ately prior to adjournment sine die.
  Any  Assembly  bill  which  in  the first year of the term of the
 ly was passed by the Assembly and did  not  become  law,  was  not
 ,  or was substituted by a Senate bill which did not become law or
 was not vetoed, shall be deemed to be reintroduced for the  second
 of  such  term and shall be ordered to the order of third reading,
  that:

 any such bill which in  such  first  year  required  a  home  rule
 e  for  passage  shall  be referred to the committee to which such
 as originally referred;
 upon request of the introducer or the chairperson of the committee
 ch such bill was originally referred, such bill shall be committed
  committee to which it was originally referred provided,  however,
 request  may not be made later than the second Wednesday following
 mmencement of the second year of the term of the Assembly;
 any such bill making an  appropriation  of  money  which  was  not
 ed  to  a  committee pursuant to the provisions of this paragraph,
 be referred to the Committee on Ways and Means; and
 upon the request of the chairperson of the Committee on  Ways  and
  any bill not referred to a committee pursuant to subparagraph (a)
 )  of  this  paragraph,  which in such first year was reported and
 ed to the Committee on Ways and Means pursuant to section  six  of
 IV shall be committed to the Committee on Ways and Means provided,
 r, such request may not be made later than  the  second  Wednesday
 ing  the commencement of the second year of the term of the Assem-

 hen a bill is submitted or proposed by the Governor  by  authority
 icle VII of the Constitution, it shall become, for all legislative
 es,  a  legislative bill, and upon receipt thereof by the Assembly
 ll be endorsed "Budget Bill" and be given a number  by  the  Index
   and  shall be referred to the Committee on Ways and Means and be
 d.  Bills submitted by the Governor, other  than  those  submitted

 nt to Article VII of the Constitution, shall carry the designation
 duced at the request of the Governor".
 Whenever a member requests the preparation of legislation from the
 ative Bill Drafting  Commission,  the  bill  drafter  assigned  to
 e  such  legislation shall determine if a similar bill has already
 ntroduced, and, if a similar bill has been introduced, the  Legis-
   Bill Drafting Commission, on forms prescribed by the Commission,
 notify the member of such fact and inform him that  subdivision  b
 tion three of this Rule permits a member to become a multi-sponsor
  bill  already printed by filing a request therefor with the Index
  Notwithstanding that a similar bill has  previously  been  intro-
   a  member shall have the right to have the legislation requested
 ed by the Commission for introduction.
  Multi-sponsorship. a. Any number of members of the  Assembly  may
 in  the  multi-sponsorship of a bill.  When a bill is first intro-
 and before it is printed, the names of  all  multi-sponsors  shall
  on the printed bill upon the following conditions:

  Multi-sponsors  shall  file a written request to act as such with
 dex Clerk of the Assembly on forms provided. The request so  filed
 indicate that the first name appearing on the bill shall be deemed
 troducer and all others deemed multi-sponsors.
  The introducer shall at all times retain exclusive control of the

 After a multi-sponsored bill has been printed,  any  multi-sponsor
 ng  to  withdraw  from such multi-sponsorship shall file a written
 t on forms provided, so that such member's name will  be  stricken
  multi-sponsor  from  the  records of the Index Clerk. The printed
 however, shall not be reprinted.
 embers of the Assembly and members-elect may  multi-sponsor  bills
 have been pre-filed and bills introduced after the opening of each
 ative session upon the following conditions:

 After a bill has been introduced  and  printed  and  before  final
 e  any  member  or members may file with the Index Clerk, on forms
 ed, to become a multi-sponsor of such bill, which  forms  must  be
  by [the introducer and] the multi-sponsor.
  Such bill shall not be reprinted solely for the purpose of adding
 eting names of multi-sponsors.
 The introducer shall at all times retain exclusive control of such

 Any member, having become a multi-sponsor of a bill, may  withdraw
 such  by  filing  a written request with the Index Clerk, on forms
 ed, requesting such member's name be stricken as  a  multi-sponsor
 uch clerk's records.
  Any member who has become a multi-sponsor of a bill in the manner
 rth herein shall have the right to distribute  such  bill  bearing
 ndorsement  "multi-sponsored by" and insert his or her own name as
 sponsor.
  Final day. a. The final day for  the  unlimited  introduction  of
   including  those  recommended  by  the  state  government, local
 ments, public authorities and other public  corporations  and  all
 ments,  agencies  and other instrumentalities thereof shall be the
 uesday in May of the second year of  the  term  of  the  Assembly.
  the  last  Tuesday  in  May of such second year, no bill shall be
 uced except by the Committee on Rules, by message from the  Senate
 ith  the  consent  of the Speaker, by members elected at a special
 on who take office on or after the first Tuesday in May.

 otwithstanding the provisions of subdivision a  of  this  section,
 may be introduced at any time by unanimous consent of the House.
  Resolutions.
 riginal resolutions, concurrent or otherwise other than privileged
 tions  may  be  introduced  by  a member under the proper order of
 ss on or before the last Tuesday in May of the second year of  the
 f the Assembly.  After the last Tuesday in May of such second year
 ch resolution shall be introduced except by the Committee on Rules
 message from the Senate or, with the consent of  the  Speaker,  by
 s  elected  at  a special election who take office on or after the
 uesday in May.   Such resolutions shall be  in  quadruplicate  and
 the  name  of  the  introducer and shall be referred to a standing
 tee for  consideration  and  report.    THE  INTRODUCER  SHALL  BE
 ED WITH A DATE AND TIME STAMPED RECEIPT OF THE RESOLUTION. No such
 tion may be introduced unless copies thereof first shall have been
 hed  to  the Speaker, the Majority Leader and the Minority Leader.
  the House may vote on a resolution,  copies  of  such  resolution
 be placed on each member's desk THREE DAYS prior to such vote. THE
 R AND THE MINORITY LEADER MAY WAIVE THE THREE DAY REQUIREMENT.
 The  following  resolutions  and motions relating thereto shall be
 ered privileged and their presentation and consideration shall  be
 er under any order of business:

 ) resolutions recalling a bill from the Senate;
 ) resolutions returning a bill to the Senate;
 )  resolutions  relating to the disposition of matters immediately
  the House;
 ) resolutions relating  to  the  business  of  the  day  including
 nment or recess;
 )  resolutions  relating  to  the impeachment of State or judicial
 rs;
 ) resolutions relating to printing  bills,  documents  or  chapter

 ) resolutions relating to the reports of joint legislative commit-
 and
 ) resolutions in [memorium] MEMORIAM or honorific in nature.
 Messages  from  the  Senate  communicating a concurrent resolution
  if objection is made to immediate consideration, be  referred  to
 propriate committee with power to report at any time.
 Concurrent resolutions proposing amendments to the Constitution of
 ate and concurrent resolutions ratifying  proposed  amendments  to
 onstitution  of  the  United  States  shall,  for  all legislative
 es, be deemed to be and treated as bills.
 ll resolutions calling for  or  leading  to  expenditures,  except
 tions  for  printing  extra copies of bills, documents and chapter
  shall be referred to the Committee on  Ways  and  Means  and  all
  resolutions shall be referred to the appropriate standing commit-
  to an assembly calendar, as the Speaker may designate.
 ll resolutions shall be adopted by a majority vote of the  members
 t  and voting, provided, however, concurrent resolutions proposing
 ents to the Constitution of the State or ratifying  amendments  to
 onstitution  of  the  United States and resolutions calling for or
 g to the expenditure of money shall be adopted  by  a  vote  of  a
 ty of all the members elected to the Assembly.
  Amendments.
 No  amendment to a bill may be offered unless the member proposing
 endment delivers three copies of the bill with the proposed amend-
 orrectly marked thereon and six copies of the detailed description
 h amendment to the Clerk of the Assembly.

 A copy of each amendment offered by the sponsor of a bill shall be
 ed by Journal Operations to the chairperson and  ranking  minority
  of any standing committee that previously reported such bill.
 rior to the commencement of debate on a bill to which an amendment
 fered  by  a  member  other  than the introducer, the Clerk of the
 ly shall make copies thereof and cause one copy to  be  placed  on
 sk of each member of the House. When there is more than one amend-
 to  a bill and one of such amendments is adopted, any of the other
 ents so offered shall, if so  requested  by  the  member  offering
  be  debated  and  voted  upon  immediately  after  such adoption,
 ed, however, that such  other  amendments  are  offered  to  those
 ions  of  the  bill  not  changed by the adopted amendment and are
 tent with the provisions of the adopted amendment.
 f a motion to amend prevails, the  Clerk  of  the  Assembly  shall
 bute copies of the bill with the amendment correctly marked there-
 gether with copies of the detailed description of the amendment to
 propriate Assembly offices for purposes of renumbering and  print-
 e bill as amended.
 No  amendment shall be allowed to any bill which is not germane to
 iginal object or purpose thereof.
  ROLL CALL OF EACH FLOOR AMENDMENT OFFERED AND  CONSIDERED  BEFORE
 OUSE  SHALL BE AVAILABLE IN ELECTRONIC FORMAT THROUGH THE LEGISLA-
 ETRIEVAL SYSTEM WITHIN TWENTY-FOUR HOURS OF THE VOTE.
  Reading of bills. a. Every  bill  shall  receive  three  separate
 gs,  and  on three different days, previous to its passage, except
 rdered to a third reading pursuant to paragraph two of subdivision
 ection two of this Rule, by  unanimous  consent  or  when  made  a
 l order, or when accompanied by a message of necessity pursuant to
 n [14] FOURTEEN of Article III of the Constitution.  NO MESSAGE OF
 ITY   SHALL   BE  ACCEPTED  FROM  THE  GOVERNOR  UNLESS  AT  LEAST
 Y-SIX OF THE MEMBERS OF THE HOUSE HAVE APPROVED THE MESSAGE.
 ills placed on the order of second reading,  as  provided  for  in
 ision  g  of  section  six  of Rule IV, shall be subject to debate
  the motion to order them  to  a  third  reading  is  entertained.
 lf  hour  shall  be  allowed  for such debate, but no person shall
 more than fifteen minutes, except by consent  of  the  House.  The
 question,  however, if ordered, shall be on the advancement of the
 but when amendments are pending the question shall first be  taken
 uch amendments in their inverse order.
 All bills on the order of second reading shall be ordered to third
 g  unless  otherwise  ordered  pursuant  to  subdivision b of this
 n or pursuant to paragraph one of subdivision b of section ten  of
 V.
  No bill shall be considered for third reading until it shall have
 n the printed Calendar of the House on  two  legislative  days  on
 rder, except where made a special order by report of the Committee
 es, in which case it may be considered on second and third reading
  same day.
 In all cases where unanimous consent is asked for advancing a bill
 ertaining a motion or resolution out of its order, it shall be the
 f the Speaker to proclaim  such  request  and  determine  if  such
 t will be granted.
 A  bill  appearing  on  the Calendar may be "starred" by or at the
 t of the introducer, whereupon all further  action  on  such  bill
 be suspended, although it retains its place on the Calendar. Other
 for  the  purpose  of  amendment or recommittal, a star may not be
 d from a bill until one day after the request therefor.  A bill on
 der of third reading which has  been  laid  aside  by  or  at  the

 t  of the introducer on three separate days shall be automatically
 d.
 Substitution  of Bills. Where there is a Senate bill in a standing
 tee and the identical Assembly bill is on the order of  second  or
 rder  of third reading, the Senate bill may be substituted for the
 ly bill upon a motion by, or on behalf of, the  introducer  and  a
 of  a  majority  of the members present and voting.  The motion to
 tute may also be made on an identical Assembly bill which has been
 , recalled, vote reconsidered and restored to third reading.
  Revision and engrossing.
 he Office of Assembly  Revision  shall  examine  and  correct  all
  for the purpose of avoiding repetitions, insuring accuracy in the
 and  references, and consistency with the language of the existing
 es. Any recommendation of the Office of  Assembly  Revision  which
 es  further  amendment  of the bill shall be handled by the member
 ucing it or by the Majority or Minority Leader as a regular amend-
 o the bill.
 ll bills when ordered to a third reading except Senate bills which
 ot been amended in the House, or bills, which  have  been  made  a
 l  order  on  second and third reading, shall be sent to the Index
 to be jacketed with the proper jurat for  certification  of  final
 e.  Each  such  bill  shall,  after  passage  by  both  Houses, be
 sed, if so ordered by the Speaker, or stamped "Official  Copy"  in
 case it shall be deemed to have been engrossed.
 . Transmittal of bills to the Governor.  All Assembly bills passed
  Assembly and sent to the Senate for action  shall,  upon  passage
 eturn  by  the Senate to the Assembly, be transmitted by the Index
 to the Governor within ten legislative days after receipt from the
 , except that any bill returned for transmittal  to  the  Assembly
 the first of May and before the first of June shall be transmitted
 e  Governor  within  thirty  days  of  such  receipt, and any bill
 ed for transmittal to the Assembly on or after the first  of  June
  be  transmitted  to  the  Governor within forty-five days of such
 t.