Resolution R1-2013

Adopts the Rules of the Senate for the 2013 - 2014 Session

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  • Jan 9, 2013: ADOPTED

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SENATE  RESOLUTION  to  adopt  the  Rules  of  the  Senate for the years
2013-2014

RESOLVED, That the rules of the Senate for the years 2013-2014 are here-
by adopted to read as follows:

                           RULES OF THE SENATE

                        OF THE STATE OF NEW YORK

                                2013-2014

                                 RULE I

THE PRESIDENT

  Section 1. The Lieutenant Governor of the State shall be President  of
the Senate, but shall have only a casting vote therein.

                                 RULE II

SENATE COMPOSITION

  Section  1.  The  Senate  shall  be composed of three conferences; the
Republican Conference, the Democratic  Conference  and  the  Independent
Democratic  Conference.  Designation  of the leaders and members of each
conference shall be filed in the Senate Journal upon the approval of the
Majority Coalition Leaders. The leaders of such conferences, referred to
in these rules as Conference Leaders, shall not serve in  their  respec-
tive  capacities  for longer than eight years. The Republican Conference
and the Independent Democratic Conference shall  together  comprise  the
Majority Coalition. The Republican Conference Leader and the Independent
Democratic  Conference  Leader  shall together be the Majority Coalition
Leaders.

                                RULE III

THE TEMPORARY PRESIDENT

  Section 1. The Senate shall be the judge of the elections, returns and
qualifications of its own members and the Senate shall choose  a  Tempo-
rary President, by resolution adopted upon the vote of a majority of the
members  of the Senate elected, and who shall preside, or designate some
other member to preside, in case of the  absence  from  the  Chamber  or
impeachment  of  the Lieutenant Governor, or when he or she shall refuse
to act as President, or shall act as Governor.  The Temporary  President
shall  exercise  such  powers  and duties as given by law or these rules
during those periods as designated in the resolution and such resolution
shall be effective for the 2013-2014 session.   The Temporary  President
may not serve in such capacity longer than eight years.
  º 2. He or she shall appoint and designate the Officers of the Senate,
the  chair, vice-chair and members of all committees and sub-committees,
except when the Senate shall otherwise order.

  º 3. The Chair of the Committee on Rules shall be the Majority  Coali-
tion Conference Leader with the greater number of Conference members.
  º  4.  He or she shall appoint, in conjunction with the Speaker of the
Assembly and the Legislative Librarian, an Assistant Legislative Librar-
ian, to have charge and custody of all legislative documents, as defined
in this section, who shall be  responsible  for  collecting,  numbering,
indexing  and  retaining  the same in the Legislative Library in an area
designated for such use by  the  Legislative  Librarian.  At  least  two
copies  of all such documents shall be kept in such library at all times
and made available to Members of the Legislature and legislative employ-
ees for public inspection and duplication during library hours.
  The function of the Legislative Library is to  serve  the  information
and  research  needs of Members of the Legislature and legislative staff
as defined by the Legislative Law. The services provided  shall  include
professional  reference,  access to standard commercial online databases
and the availability of records of the Library's holding on the Legisla-
tive Retrieval System (LRS). The Library is charged with the  collection
and  custody  of  all Legislative and State documents as defined by this
section. Access to the collection shall be provided by  the  Legislative
Library  State  Documents  (LLSD)  database  on  LRS.  Documents  may be
retained in paper, microform, laser disk or any  other  medium  approved
for archiving documents.
  To  effectuate the purposes of this section, the Assistant Legislative
Librarian in charge  of  legislative  documents  may  request  from  any
committee,  commission, task force or office of the Legislature, and the
same are authorized to provide, such assistance, services  and  data  as
will  enable such librarian to carry out his or her duties as prescribed
in this section.
  For purposes of this section, the term legislative document shall mean
and include the Rules of the Senate, the Rules of the Assembly,  reports
of  the  Legislature and reports of every legislative committee, subcom-
mittee, task force or other adjunct of the Legislature and  all  reports
and  documents  required  by  law  or  regulation to be submitted to the
Legislature by any department, board, bureau, commission or other agency
of the State.
  The provisions of this section and paragraph ten of subdivision  c  of
section  one  of  Rule  I  of the Assembly are intended to result in the
appointment of a single Assistant Legislative Librarian  to  serve  both
Houses of the Legislature.
  º  5.  He or she shall represent the Senate, or engage legal represen-
tation on behalf of the  Senate,  in  any  legal  action  or  proceeding
involving  the interpretation or effect of any law of the federal, state
or local government or the constitutionality thereof or with  regard  to
the enforcement or defense of any right, privilege or prerogative of the
Senate.

                                 RULE IV

PRESIDING OFFICER
  Section  1.  The  Presiding Officer of the Senate shall preserve order
and decorum in the Senate Chamber; ensure that debate is germane to  the
question  under discussion; in case of disturbance or disorderly conduct
in the lobby or galleries, he or she may cause the same to  be  cleared;
he  or she shall decide all questions of order, subject to appeal to the
Senate. On every appeal he or she shall have the right, in  his  or  her
place, to assign his or her reasons for his or her decision.

  º  2. Immediately upon the final passage by the Senate of any bill, or
concurrent resolution proposing amendments to the  Constitution  of  the
State,  and  concurrent resolutions proposing or ratifying amendments to
the Constitution of the United States he or she shall certify  that  the
same has been duly passed, with the date thereof, together with the fact
whether  passed  as a majority or two-thirds bill or resolution, or with
three-fifths of the members present, as the case may be, as required  by
the  Constitution and laws of the State, and deliver said bill or resol-
ution to the Secretary.
  º 3. When the Presiding Officer is other than  the  President  of  the
Senate,  such  Presiding  Officer shall be vested with all of the powers
and duties conferred by these rules and by any other rule  or  law  upon
the President.

                                 RULE V

THE SENATE AND ITS OFFICERS AND EMPLOYEES
  Section  1.  The Senate shall not discriminate because of race, creed,
color, age, sex, marital status, sexual orientation,  or  disability  in
judging the elections, returns and qualifications of its own members, or
in the appointment of any member to committee or other office, or in the
appointment of any of its officers or employees.
  º  2.  The  administration  and  operations  of  the  Senate  shall be
conducted in a fair and nonpartisan manner, including access to services
necessary to all members  and  their  offices,  without  regard  to  the
members conference.
  º  3.  The  Conference leaders shall not serve in such capacity longer
than eight years.
  º 4. The Senate may choose a Secretary, a  Sergeant  at  Arms  and  an
Official  Stenographer  who shall be elected for the term of the Senate.
Such employees may be appointed as shall be provided  for  by  appropri-
ation,  in  the manner provided by law. Each officer and employee of the
Senate shall perform such duties as may be  prescribed  by  law,  or  by
these  rules, or as may be incumbent upon them in their respective posi-
tions.
  º 5. a.  It shall be the duty of the Secretary to have  the  journals,
bills,  calendars,  messages and other documents printed and distributed
in the manner provided by law. He or she shall present to the  Governor,
and  enter upon the journals, such bills as shall have originated in the
Senate and shall have been passed by  both  houses.  He  or  she  shall,
subject  to  the Rules of the Senate, transmit to the Assembly all bills
or concurrent resolutions which have passed the Senate.
  b. The Secretary of the Senate shall designate the persons entitled to
admission to the floor as reporters for the news media.

  c. The Secretary of the Senate shall have general control,  except  as
otherwise  provided  by law or in these rules, of the Senate Chamber and
the lobbies and galleries thereof,  and  of  the  rooms,  corridors  and
passages  in  that  part  of the Capitol and Legislative Office Building
assigned to the use of the Senate, and  any  other  property  leased  or
utilized by the Senate.

  d.  The  Secretary of the Senate shall, to the extent practicable, use
the Internet and other electronic media to provide access to the  public
policy  debates,  decision-making process and legislative records of the
Senate.

  º 6. The Sergeant at Arms, under the jurisdiction  of  the  Secretary,
shall  be the security officer of the Senate, and, except when absent in
the discharge of his or her duties, shall be in constant attendance upon
the sessions of the Senate and shall assign Assistant Sergeants at  Arms
to act as doorkeepers and, under the direction of the Presiding Officer,
aid  in  enforcing order on the floor of the Senate, in the lobbies, and
in the rooms adjoining the Senate Chamber, and also see that  no  person
remains  on  the floor unless entitled to the privileges of the same. He
or she shall also assist in maintaining order at hearings of the  Senate
and in that part of the Capitol and Legislative Office Building assigned
to  the  use  of the Senate and on sites in New York State where members
are conducting the business of the Senate and security is deemed  neces-
sary by the Secretary.
  º  7. The Official Stenographer or designee shall attend every session
of the Senate and take stenographic notes of the debates of the  Senate.
He  or  she shall make a stenographic record of the proceedings and make
copies available to the Secretary of the Senate. In addition, the  Offi-
cial  Stenographer  shall  be  responsible,  under  the direction of the
Secretary, for making a stenographic record of public  hearings  at  the
request  of  the  Standing Committee Chair or appointed officer and make
copies available to the Committee Chair and the Secretary.

                                 RULE VI

PROCEEDINGS
  Section 1. a. The Journal. The Senate shall  keep  a  journal  of  its
proceedings  and  publish  the  same,  except  such parts as may require
secrecy. The legislative and executive proceedings of the  Senate  shall
each be recorded in a separate journal.
  b.  Video  of  Senate  proceedings.  The Senate shall video record its
proceedings and make such video available through the Senate web site.
  º 2. Hours in session. No session shall be held between 12:00 A.M. and
8:00 A.M.; provided, however, that the Senate may remain in  session  to
complete  action  on  a  measure or measures upon which debate was begun
prior to 12:00 A.M. or to act on a  measure  or  measures  for  which  a
message  of  necessity  has  been  received  from the Governor or upon a
majority vote of all of the members elected to the Senate.
  º 3. Order of Business. a. The Presiding Officer shall take the  Chair
at  the  hour  to  which the Senate shall have adjourned and following a
recital of the pledge of allegiance to the flag, the first  business  of
the day shall be the reading of the journal of the preceding day, to the
end that any mistakes therein may be corrected.
  After  the reading and approving of the journal, the order of business
shall be as follows:
  (1) Presentation of petitions.
  (2) Messages from the Assembly.
  (3) Messages from the Governor.
  (4) Reports of standing committees.
  (5) Reports of select committees.
  (6) Communications and reports from State officers.
  b. A quorum being present the Senate shall proceed to:
  (1) Motions and resolutions.
  (2) The calendar.
  (3) Petition for chamber consideration.
  c. All questions relating to the priority of business shall be decided
without debate.

  º 4. Messages. Messages from the Governor and Assembly, communications
and reports from State officers, reports from a committee involving  the
right of a Senator to his or her seat, and reports from the Committee on
Rules shall be received at any time.
  º  5.  Special  orders.  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.  When  a special order is under consideration, it shall take
precedence over any special order for a subsequent hour of the same day;
but such subsequent order may be taken up immediately after disposal  of
the previous special order.
  º  6.  Calendar.  a.  The  matters  upon  the Senate Calendar shall be
arranged and acted upon in the following order:
  (1) Resolutions.
  (2) Bills on order of first report.
  (3) Bills on order of second report.
  (4) Bills on order of special report.
  (5) Bills starred after report.
  (6) Bills on third reading calendar from special report.
  (7) Bills on third reading.
  (8) Bills starred on third reading.
  (9) Resolution to amend the Senate Rules.
  (10) Motions for chamber consideration.
  b. Bills laid aside by  the  Temporary  President  shall  continue  to
retain  their  place in their regular order of business until called for
debate by the Temporary President.
  c. Except for bills reported from a standing committee and  placed  on
that part of the calendar designated as "order of special report," bills
reported  from  a standing committee shall be placed on the first report
calendar and, unless starred, shall be  automatically  advanced  to  the
second  report  part of the calendar after one calendar legislative day.
Bills on second report shall, unless starred, be advanced to  the  order
of  third reading after one calendar legislative day. No debate shall be
allowed on the advancement of bills on the  order  of  first  or  second
report  or  special  report. The order of special report shall be marked
with an asterisk to indicate that such bills will be subject  to  debate
on  the  next calendar legislative day. In the event that such bills are
not debated on such day, they shall be removed from the order of special
report and placed on that part of  the  calendar  designated  "bills  on
order of first report".
  º  7.  Executive  Session.  The  Senate shall go into consideration of
executive business at such times as may be ordered  by  a  vote  of  the
majority  of  the  Senators present. On motion to close the doors of the
Senate, on the discussion of  business  which  in  the  opinion  of  any
Senator  may  require secrecy, and during the consideration of all busi-
ness in executive  session,  the  Presiding  Officer  shall  direct  all
persons, except the Senators, the Counsel to the respective conferences,
Secretary  of  the  Senate,  his or her messenger, the Journal Clerk and
Sergeant at Arms of the Senate 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.
  º  8.  Motions.  a.  When  a  question  is before the Senate, only the
following motions shall be made by a Senator,  and  such  motions  shall
have precedence in the order here stated, viz.:
  (1) For an adjournment.
  (2) For a call of the Senate.

  (3) For the previous question.
  (4) To lay on the table.
  (5) To postpone to a certain day.
  (6) To commit to a standing committee.
  (7) To commit to a select committee.
  (8) To change calendar arrangement.
  (9) To amend.
  b.  The  motion  to  adjourn,  or for a call of the Senate, or for the
previous question, or to lay on the  table,  shall  be  decided  without
debate,  and  shall  always be in order except as provided in Rules six,
eight and ten.
  c. Except for the motions enumerated  in  subdivision  a  hereof,  all
other  motions  shall be reduced to writing, if desired by the Presiding
Officer or any five Senators,  delivered  to  the  Secretary,  and  read
before the same shall be debated; and any motion may be withdrawn at any
time before decision or amendment.
  d.  A  motion  for the previous question, or a motion to postpone to a
certain day, or to commit, or refer to a standing or  select  committee,
until it is decided, shall preclude all debate of the main question.
  e. A motion for the previous question shall only be in order when made
by  the  leaders  of  the  respective conferences or their designee. The
"previous question" shall be put as follows: "Shall  the  main  question
now  be  put  before the house?" and until it is decided, shall preclude
all amendments or debate. When, on taking  the  previous  question,  the
Senate  shall  decide  that the main question shall now be put, the main
question shall be put to an immediate vote. When, on taking the previous
question, the Senate shall decide that the main question shall  not  now
be  put,  the main question shall be considered as still remaining under
debate. The "main question" shall be the advancement or passage  of  the
bill,  resolution or other matter under consideration. Such motion shall
require the affirmative vote of a majority of the Senators elected.
  º 9. Reconsideration. a.  When  a  question  has  once  been  put  and
decided,  it shall be in order for any Senator to move for the reconsid-
eration thereof; but no motion for the reconsideration of any vote shall
be in order after the  bill,  resolution,  message,  report,  amendment,
nomination or motion, upon which the vote was taken, shall have gone out
of  the  possession  of the Senate; nor shall any motion for reconsider-
ation 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; but
when a bill or resolution shall have been recalled from the Assembly,  a
motion  for reconsideration may be made at any time thereafter while the
same is in the possession of the Senate, and all resolutions recalling a
bill or resolution from the Assembly shall be regarded as privileged. No
vote shall be reconsidered upon either of the following motions:
  To adjourn.
  To lay on the table.
  b. 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.

                                RULE VII

INTRODUCTION OF BILLS AND RESOLUTIONS

  Section  1. Introduction. Bills and resolutions shall be introduced by
a Senator, or on the report of a  committee,  or  by  message  from  the
Assembly,  or  by  order  of  the Senate, or by the Governor pursuant to
Article VII of the Constitution.  Every  bill  introduced  shall  be  in
duplicate  and  shall  have endorsed thereon a title and the name of the
bill's sponsor and shall be accompanied by the  introducer's  memorandum
in  quadruplicate.  Such  memorandum  shall  contain  a statement of the
purposes and intent of the bill and, if the member deems it appropriate,
may set forth such other statements  that  the  member  feels  necessary
including,  but  not limited to, statements relating to economic impact,
environmental impact or the impact on the judicial system of the bill. A
Committee, where it deems necessary, may require that  the  introducer's
memorandum be amended to include such appropriate statements.
  Bills  introduced  by  Senators  shall  be deposited with the Revision
Clerk for the purpose of having such clerk examine and correct bills  to
avoid  repetition  of  introduction  and ensure accuracy in the text and
references. Upon introduction, each bill shall be deemed to have had its
first and second reading, unless otherwise ordered and shall be given  a
number and immediately referred to the appropriate standing committee by
the  Majority Coalition Leaders or an officer designated by the Majority
Coalition Leaders in accordance with a set of guidelines to be published
annually by the Majority Coalition Leaders setting forth the  respective
statutes  over  which each of the standing committees shall have subject
matter jurisdiction for  purposes  of  referral.  Such  referrals  shall
reflect the subject matter having predominance in the bill as determined
by the Majority Coalition Leaders.
  º  2.  Multi-sponsorship.  Any Senator may join together in the multi-
sponsorship of a bill. If two or more Senators join together when a bill
is first introduced and before it is printed, the names  of  all  multi-
sponsors shall appear on the printed bill upon the following conditions:
  a.  Multi-sponsors shall file a written request in duplicate to act as
such, on forms provided, with the Revision  Clerk  of  the  Senate.  The
first  name appearing on the bill shall be deemed the introducer and all
others deemed multi-sponsors.
  b. The introducer shall at all times retain exclusive control  of  the
bill until formally acted upon by the Senate and any motion to discharge
a  bill  out  of  committee by a member who is not the introducer of the
bill shall be out of order.
  c. After a multi-sponsored bill has been  printed,  any  multi-sponsor
desiring  to  withdraw  from such multi-sponsorship shall file a written
request on a form provided so that his or her name will be stricken as a
multi-sponsor from the records of the Revision Clerk. The printed  bill,
however, shall not be reprinted.
  d.  Senators and Senators-elect may multi-sponsor bills that have been
pre-filed and bills introduced after the  opening  of  each  legislative
session upon the following conditions:
  (1)  After  a  bill  has been introduced and printed and before it has
been reported favorably out of the Committee to which it  was  referred,
any  Senator or Senators may file with the Revision Clerk a request on a
form provided to become a multi-sponsor of such bill. Such forms must be
signed by the multi-sponsor.
  (2) Such bill shall not be reprinted solely for the purpose of  adding
or deleting names of multi-sponsors.
  (3) Any Senator, having become a multi-sponsor of a bill, may withdraw
from  such  by filing a request on a form provided to the Revision Clerk
requesting that his or her name be stricken as a multi-sponsor from  the
record.

  (4) Any Senator who has become a multi-sponsor of a bill in the manner
set forth herein shall have the right to distribute such bill bearing an
endorsement  by rubber stamp or otherwise the words "multi-sponsored by"
and insert his or her own name as multi-sponsor.
  º  3.  Printing. Every bill immediately upon its introduction shall be
printed and placed on the bill files on the desks of the Senators, where
it shall remain for at least three calendar legislative days. All  bills
reported  favorably  or  for consideration, if reported with amendments,
and all bills amended in  the  Senate,  shall  be  immediately  printed,
except  that  any  bill  which  is amended by restoring it to an earlier
form, shall not be required to be  printed  again,  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.
Whenever  a bill is amended and printed, a letter of the alphabet start-
ing with "A" shall be added to its number.
  º 4. Title and body of bill. The title of  every  bill  shall  briefly
state the subject thereof. The title of every bill amending or repealing
any  provision  of a consolidated law shall refer to such law. The title
of every bill amending or repealing any unconsolidated law  shall  refer
to such law by its short title, if it has one; if it has no short title,
the title of such bill shall state the chapter number, year of enactment
and  the  complete  title of the original bill or a short summary of the
provisions to which the law relates. If such bill is amending or repeal-
ing a proposed provision of law contained in a bill that  has  not  been
enacted  into law, the title shall state the number of the bill contain-
ing the proposed provision of  law  to  be  amended  or  repealed,  with
suffix,  if there be one, and the subject of the provisions to which the
amendatory bill relates. No private or local bill may  be  passed  which
shall  embrace  more  than  one  subject which shall be expressed in the
title.
  a. In any bill, each section proposing an amendment to or  the  repeal
of:  (i)  any  consolidated law, or any part thereof; or (ii) the Family
Court Act, the Court of Claims Act, the Uniform District Court Act,  the
Uniform Justice Court Act, the Uniform City Court Act, the New York City
Charter,  the  Administrative Code of the City of New York, the New York
City Civil Court Act, the New York City Criminal Court Act, or the Char-
ter of the City of Buffalo, or any part thereof shall refer to such law,
act, charter or code. In any bill, each section proposing  an  amendment
to  or  the repeal of an unconsolidated law having a short title, or any
part thereof, shall refer to such law by its chapter number and year  of
enactment  and  its  short title. If an unconsolidated law shall have no
short title, each section shall state the chapter  number  and  year  of
enactment  of  such  law, and a short summary of the provisions to which
the law relates or the complete title of  the  original  bill.  If  such
section  amends  or  repeals  a proposed provision of law contained in a
bill that has not been enacted into law, each section  shall  state  the
number  of  the  bill  containing  such proposed provisions of law to be
amended or repealed, with suffix, if there be one. If the portion of the
law proposed to be amended has been added, renumbered or  amended  since
the  original  enactment or last general revision of the law of which it
is a part, such section shall also state the chapter number and year  of
the  last  act adding, renumbering or amending the same, as the case may
be. There shall be appended at the end of every bill which proposes  the
repeal  or  extension  of  any  existing law, or part thereof, merely by
reference thereto, without setting forth the text thereof,  an  explana-
tory  note which shall briefly and concisely state the subject matter of
the law, or part thereof, proposed to be repealed  or  extended,  unless
such  subject  matter  is stated in the title of such bill. The Revision

Clerk of the Senate shall return any bill to the Senator introducing the
same when it is called to his or her attention that  the  provisions  of
this  section,  or  of  section one of this Rule, have not been complied
with, or when any copy of a bill is illegible or incomplete.
  b.  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 enclosed in brackets. In  the  printed  bill  such  new
matter  shall be underscored and all matter eliminated by amendment from
existing law shall be enclosed in black-faced brackets. When any  exist-
ing  law  or part thereof is proposed to be repealed by a bill, the word
"repealed" as it appears in such bill shall  be  printed  in  bold-faced
type. When a printed bill is amended by eliminating new matter from such
bill,  the  same  shall  be omitted in the reprint of the original. When
amendments are offered to a printed bill, the proposed changes, indicat-
ing page and line numbers, shall be listed on four detail sheets and the
same changes shall be incorporated and marked on two copies of the bill;
provided, however, that no amendment shall be allowed to any bill  which
is  not  germane to the original object or purpose thereof. Furthermore,
when a printed bill is amended the accompanying introducer's memorandum,
required pursuant to section one of this Rule, shall also be amended  to
reflect any changes. It shall be the duty of the Secretary to direct the
Revision  Clerk  to  cause  any  bill  appearing on the calendar and not
complying with this section to be immediately amended and printed so  as
to comply with the same.
  º  5.  Final  date.  a. The Majority Coalition Leaders may designate a
date in writing after which no bill  or  original  resolution  shall  be
introduced except by message from the Assembly, but no date prior to the
first  Tuesday  of March shall be so designated; provided, however, that
all bills recommended by a State department or agency must be  submitted
to the office of the Temporary President not later than the first day of
March.  Bills  proposed by the Governor, the Attorney General, the Comp-
troller, the Department of Education or the  Office  of  Court  Adminis-
tration  must  be  submitted to the office of the Temporary President no
later than the first Tuesday in April.
  b. All bills introduced in the Senate after the second Friday in  June
shall be introduced to the Committee on Rules.
  º  6. Budget bills. When a bill is submitted or proposed by the Gover-
nor by authority of Article VII of the Constitution,  it  shall  become,
for all legislative purposes, a legislative bill, and upon receipt ther-
eof  by  the  Senate  it  shall be endorsed "Budget Bill" and be given a
number by the Secretary and shall be referred to the  Finance  Committee
and be printed.  Budget bills may be reported from the Finance Committee
direct to the third reading calendar.
  º  7.  Program,  departmental and agency bills. Every bill proposed by
the Governor, the Attorney General, the Comptroller or by state  depart-
ments  and  agencies  shall  be submitted to the office of the Temporary
President and shall be forwarded by the Majority Coalition  Leaders  for
introduction  purposes  to the appropriate standing committee in accord-
ance with section one of Rule  VII.  Any  such  bill  which  is  not  so
forwarded  within  three weeks after receipt by the office of the Tempo-
rary President shall be offered to the Democratic Conference Leader  who
may  in  accordance  with section one of Rule VII, forward such bills to
any member for introduction purposes.
  º 8. Reintroduction. Any Senate bill introduced in the first  year  of
the term of the Senate which during that regular Legislative Session was
not  reported  from a Standing Committee or if reported and later recom-
mitted to a Standing Committee is deemed to  be  automatically  reintro-

duced  for  the  second  year of the term of the Senate. All bills which
remain on the calendar at the end of the first year of the term  of  the
Senate shall be recommitted to committee.
  º  9.  Resolutions. a. All original resolutions shall be in quadrupli-
cate, and no original resolution may be introduced unless copies thereof
first shall have been furnished, to the extent practicable,  forty-eight
hours  prior  to  the  time  for acting on such resolution to respective
conference leaders.    All  resolutions,  upon  introduction,  shall  be
referred  to  a  standing  or select committee by the Majority Coalition
Leaders or an officer designated by the Majority Coalition  Leaders  and
shall  at all times remain within the exclusive control of the introduc-
er. Notwithstanding any of the foregoing  provisions  of  this  section,
resolutions  recalling bills from or returning bills to the Assembly, or
relating to adjournment, may be introduced at  any  time  for  immediate
consideration.
  b.  A  resolution  supporting  or condemning, or proposing or urging a
change in Federal law which is not  directly  germane  to  the  affairs,
business,  rights,  benefits  and obligations of New York State shall be
out of order and shall not be reported and any resolution  recommending,
urging,  supporting,  altering  or  condemning  a  position or change in
foreign policy of the  United  States  Government  or  the  domestic  or
foreign  affairs  of  any  other government of the World shall be out of
order and shall not be  reported.    Any  resolution  which  recommends,
urges,  supports  the  alteration of the laws of this state, resolutions
which honor current elected office holders or resolutions  which  recog-
nize,  honor  or support the positions of a political party shall be out
of order and shall not be reported.
  c. All resolutions which propose any amendment to the State  Constitu-
tion  shall  be  referred to the Attorney General as provided in Article
XIX of the Constitution, and shall  be  treated  in  the  same  form  of
proceedings as that provided for bills; and resolutions which ratify any
proposed  amendment  to  the  Constitution of the United States shall be
treated in the same form of proceedings as provided for bills.  After  a
resolution  to  amend  the State Constitution shall be advanced to third
reading, no motion to amend the same shall be in order without unanimous
consent; and if such resolution to amend the State Constitution shall be
amended after the opinion of  the  Attorney  General  thereon  has  been
received  as provided in Article XIX of the Constitution, it shall again
be referred to the Attorney General. Any such resolution may be  commit-
ted prior to the final reading thereof.
  d.  All  resolutions  calling  for  the  expenditure of moneys must be
decided by a majority vote of all of the members elected to the  Senate,
upon a call of the roll.
  e.  All  resolutions  deemed  proper by the Majority Coalition Leaders
other than those mentioned and treated in the preceding  subdivisions  c
and  d of this section and reported by the committee of reference desig-
nated by the Majority Coalition Leaders shall be placed upon the  calen-
dar  upon  the  approval of the Majority Coalition Leaders.  When in the
order of business the resolutions are reached, the Senate may adopt such
resolutions as a group, by one vote upon  the  question  of  the  entire
calendar  of  resolution, excepting that any member may request that any
one or more of the resolutions on such calendar shall be voted  upon  or
debated  separately.  This subdivision shall not apply to any resolution
recalling bills from or returning bills to the Assembly, or relating  to
adjournment  or  to resolutions pertaining to the rules of the Senate or
to those resolutions regarded as privileged.    A  resolution  shall  be
deemed  privileged only if it is so designated by the Majority Coalition
Leaders as such.

                                RULE VIII

STANDING COMMITTEES
  Section  1.  There  shall  be  the following standing committees which
shall serve and shall continue throughout the year:
  To consist of thirty-seven Senators:
  Finance
  To consist of twenty-five Senators:
  Rules
  To consist of twenty-three Senators:
  Judiciary
  To consist of nineteen Senators:
  Banks
  Transportation
  Education
  Higher Education
  Insurance
  To consist of seventeen Senators:
  Health
  To consist of sixteen Senators:
  Codes
  Labor
  To consist of thirteen Senators:
  Crime Victims, Crime and Correction
  Environmental Conservation
  Cultural Affairs, Tourism, Parks and Recreation
  Veterans, Homeland Security and Military Affairs
  To consist of eleven Senators:
  Aging
  Civil Service and Pensions
  Commerce, Economic Development and Small Business
  Energy and Telecommunications
  Agriculture
  Consumer Protection
  Mental Health and Developmental Disabilities
  Racing, Gaming and Wagering
  To consist of nine Senators:
  Elections
  Housing, Construction and Community Development
  Investigations and Government Operations
  Local Government
  To consist of six Senators:
  Children and Families
  Cities
  Corporations, Authorities and Commissions
  Ethics
  Social Services
  Alcoholism and Drug Abuse
  a.  The Republican Conference Leader, the Democratic Conference Leader
and the Independent Democratic  Conference  Leader  and  their  Deputies
shall  be nonvoting ex-officio members of all standing committees of the
Senate of which they are not actual  members.  As  far  as  practicable,
Senators shall be appointed to no more than seven standing committees.
  b.  Term  limits  for  chairs and ranking members. No chair or ranking
member of a committee shall serve in such  capacity  longer  than  eight
consecutive years.

  c.  Conference membership of committees. The membership of all commit-
tees, unless otherwise provided by the act or resolution creating  them,
shall  be composed, as nearly as may be, of Majority Coalition and Demo-
cratic Conference members in the same proportion as the number of Major-
ity  Coalition  and Democratic Conference members in the Senate bears to
the total membership of the Senate.
  For purposes of committee composition, in the event that  the  propor-
tion  of Majority Coalition members would result in a fractional amount,
the number of Majority Coalition members shall be rounded up to the next
whole number.  Furthermore, the total number of  Independent  Democratic
Conference  members  appointed  to  all  committees shall be in the same
proportion, as nearly as may be, as the number of Independence Democrat-
ic Conference members in the Senate bears to the total membership of the
Senate. Further, in the case of an  excused  absence  of  any  committee
member  on  either  the  Finance  or the Rules Committee, the Conference
Leaders may designate an alternate member of the conference for meetings
of standing committees provided written notice is provided and  accepted
by  the  Majority  Coalition  Leaders  at  least  one  hour prior to the
commencement of such committee meeting.
  d. The provisions of the opening paragraph of this section  and  para-
graph  c  of  this  section  relative  to the proportional membership on
committees as well as the specific number of members  to  comprise  each
committee  may be amended by resolution adopted by a majority of members
elected.
  º 2. Committee on Rules. The Committee on Rules may sit  at  any  time
and  shall  report  bills  out of committee only if they shall have been
duly reported to the Committee on Rules from  a  standing  committee  of
origin,  or  from a committee of secondary reference, or if the chair of
such standing committee consents, or if the bill  was  referred  to  the
Committee  on  Rules  upon  introduction. Other than a motion to hold, a
motion to discharge, or a motion to report, no other motion shall be  in
order  in  the  Committee  on Rules without the consent of the Committee
Chair. The reception and consideration of its report shall always be  in
order;  debate  on its adoption shall not exceed one and one half hours,
one-half hour for each conference, such  time  to  be  allotted  by  the
Conference  Leaders;  and no other motion, except a motion by the Tempo-
rary President for a call of the Senate, to adjourn or to recess,  shall
be  in order until the vote of the Senate is had thereon.  If the report
be adopted, all inconsistent rules of the Senate shall automatically  be
suspended until the subject of such report has been disposed of, includ-
ing final action thereon.
  º  3. Open Meetings of Standing Committees. a. (1) Standing committees
shall hold regular meetings at such time and on such day as the Majority
Coalition Leaders in consultation with the chair and such schedule shall
be published one week in advance of the date of such meeting  and  shall
be  posted  on the Senate committee board. The attendance of the members
of the committee shall be recorded at each meeting, and a copy  of  such
report  shall  be  filed  with  the Journal Clerk of the Senate and made
available to the public. Each chair of a standing committee shall to the
extent practicable, no later than 3  p.m.  the  Thursday  preceding  the
regular  meeting,  furnish to the Conference Leaders, and make available
to each member of such committee, a copy of the agenda of  such  regular
meeting  together  with  a  copy of the introducer's memorandum for each
bill listed on such agenda for such regular meeting. In addition, copies
of such agenda for such regular  meeting  shall  be  made  available  to
representatives of the news media and to the general public. However, in
case  of  necessity,  the  chair  with consent of the ranking Democratic
Conference member may add no more than  four  items  on  the  agenda  or

delete  items  on  the agenda up to 24 hours in advance of the scheduled
meeting and members shall be notified of such  additions  or  deletions.
Each  standing  committee chair shall decide all procedural issues which
arise during meetings of standing committees.
  (2) Standing committees may hold special meetings in case of necessity
upon  the call of the chair when the announcement is made from the floor
during session, or the  ranking  Democratic  Conference  member  of  the
committee  consents  thereto,  or upon the call of a majority of all the
members thereof, entry of which fact shall be made on the records of the
committee and announced by the Secretary of the Senate.
  (3) All meetings of committees shall be open to  authorized  represen-
tatives of the news media and the general public as observers.
  (4)  All  meetings of committees shall be recorded by video and to the
extent practicable webcast live. Video of all committee  meetings  shall
be made available on the Senate website and updated daily.
  (5)  Upon  the  personal  vote  of  a majority of all the members of a
committee, taken in an open meeting pursuant to a motion identifying the
general area or areas of the subject or subjects  to  be  considered,  a
committee may conduct an executive session of which only members of such
committee  are  present  for the following enunciated purposes provided,
however, that no action by formal vote shall  be  taken  to  appropriate
public monies:
  (a) matters which will imperil the public safety if disclosed;
  (b)  any  matter  which may disclose the identity of a law enforcement
agent or informer;
  (c) information relating to current or future investigation or  prose-
cution  of a criminal offense which would imperil effective law enforce-
ment if disclosed;
  (d) discussions regarding proposed, pending or current litigation;
  (e) collective negotiations pursuant to article fourteen of the  Civil
Service Law;
  (f) the medical, financial, credit, character or employment history of
any  person  or  corporation,  or  matters  leading  to the appointment,
employment, promotion, demotion, discipline,  suspension,  dismissal  or
removal of any person or corporation;
  (g) the preparation, grading or administration of examinations; and
  (h) the proposed acquisition, sale or lease of real property, but only
when publicity would substantially affect the value of the property.
  (6)  Attendance  at  an  executive  session  shall be permitted to any
member of the committee and any other persons authorized by the  commit-
tee.
  b. (1) Minutes shall be taken at all open meetings of committees which
shall  consist  of a record or summary of all motions, proposals, resol-
utions and any other matter formally voted upon and the vote thereon.
  (2) Minutes shall be taken at executive sessions of any action that is
taken by formal vote which shall consist of a record or summary  of  the
final  determination  of  such  action,  and  the date and vote thereon;
provided, however, that such summary shall not include any matter  which
is not required to be made public by "the freedom of information law" as
added by Article six of the Public Officers Law.
  (3)  Minutes  of  meetings of all committees shall be available to the
public in accordance with the provisions of Article six  of  the  Public
Officers  Law,  "the  freedom  of information law", and at such time and
place as prescribed by the Majority Coalition Leaders, provided,  howev-
er,  that  minutes  for executive session meetings shall be available to
the public within one week from the date of such executive session.
  c. The provisions of this section except paragraph three  of  subdivi-
sion a, and subdivision b shall not apply to the Committee on Rules.

  d. Committee presentations. The chair of a committee may invite inter-
ested  persons  to  offer a presentation for a given amount of time on a
bill on the meeting agenda with notice provided to the ranking Democrat-
ic Conference member no less than 72 hours in advance. Where a committee
chair  makes such an invitation, the ranking member shall be afforded an
equal number of speakers who may speak for an equal amount of  time.  In
addition,  the  ranker,  without  consent of the chair, shall be able to
schedule 3 committee presentations with notice provided to the chair  at
least  72  hours in advance. The chair shall be afforded an equal number
of speakers who may speak for an equal amount of time.
  e. Motion for committee consideration. No motion for committee consid-
eration shall be in order after the first Monday in May.  In the  course
of  a session year the sponsor of any bill may file, through the Journal
Clerk, no more than three  motions  for  committee  consideration.  Such
motions shall be in order forty-five days after a bill has been referred
to  such  committee. Once a motion for committee consideration is filed,
the chair of the committee shall place the bill on  a  committee  agenda
and  schedule  a  vote on the bill within forty-five days, if the forty-
five days shall expire while the senate is in recess, the bill shall  be
placed  on  the  next  regularly  scheduled  committee  meeting's agenda
following the end of the forty-five day period.  In the case of  a  bill
that is referred to a standing committee having secondary reference, the
bill shall be considered within the next two committee meetings.
  º  4.  Hearings.  a. Committee hearings. Chairs of standing committees
may call public hearings to permit interested persons, groups or  organ-
izations  the opportunity to testify orally or in writing on legislation
or issues pending before such standing committee. Chairs are  encouraged
to  hold  public  hearings  on legislation of important public interest,
where, outside of the budget, significant  public  money  is  allocated,
broad  conduct  is  regulated  or  where the proposal has a broad public
impact. Chairs may request that the Official Stenographer make a  steno-
graphic  record  of a public hearing. Official hearings may be conducted
in accordance with procedure established by law. No committee  may  take
testimony at a hearing unless at least two of its members are present at
such  hearing. Prior notice of all public hearings shall be filed by the
chair or his or her designee with The Legislative Bill Drafting  Commis-
sion  and  the  Secretary  of  the  Senate and such notice shall contain
information as to subject matter, date and place.
  b. Public forums. Notwithstanding the  public  hearings  conducted  by
standing  committees, any Senator may convene a public forum on proposed
or pending legislation within the jurisdiction of a committee upon which
he or she is a member, provided that any charge  incurred  attendant  to
such  forum  be  borne  by  said Senator or his or her party conference.
Prior notice of such forum shall be filed with the chair of the  commit-
tee.
  c.  Committee  oversight function. Each standing committee is required
to conduct oversight of the administration of laws and programs by agen-
cies within its jurisdiction.
  d. Each standing committee is required to file with the  secretary  of
the  senate  an  annual  report, detailing its legislative and oversight
activities. Such report shall be posted to the Senate web site.
  e. Petition for a public hearing on a bill. By a petition of one-third
of the members assigned to a committee rounded up to the  nearest  whole
number, a public hearing shall be scheduled on a specific bill or number
of  bills within the jurisdiction of a committee, unless the majority of
members of the committee reject such petition. Such petitions  shall  be
submitted on the proper form to the Senate Desk for Operations, who will
forward  it  to  the appropriate committee, for presentation at the next

committee meeting. Such public hearings shall be held if they  meet  the
guidelines  as  promulgated  by  the Majority Coalition Leaders.  Public
hearings scheduled by petition will be held at least 14  days  following
the committee meeting at which the petition was considered.
  f.  Hearings of standing committees shall be video recorded and to the
extent practicable webcast live. Video of such hearing shall  be  posted
to the Senate web site within 24 hours.
  º  5.  Reports.  a.  No committee shall vote to report a bill or other
matter unless a majority of all the members thereof  vote  in  favor  of
such  report. Each report of a committee upon a bill shall have the vote
of each Senator attached thereto and  such  report  and  vote  shall  be
available  for  public  inspection. A member's vote on any matter before
the committee shall be entered by the member on a signed official voting
sheet delivered to the Committee Chair.
  Any standing committee having secondary  subject  matter  jurisdiction
over  a  bill  may  request  the  chair  of the committee having primary
subject matter jurisdiction over said bill (which is  the  committee  to
which  the said bill has been referred by the Majority Coalition Leaders
pursuant to Rule VII) to commit the bill to the committee with secondary
subject matter jurisdiction either when the bill is still in the primary
committee or after it has been reported to the calendar. If the chair of
the primary committee refuses said request, then  the  committee  having
secondary  jurisdiction,  through  its  chair,  may request the Majority
Coalition Leaders to consider such secondary referencing. If a secondary
reference is so made, the secondary committee shall  consider  the  bill
forthwith and return said bill to the primary committee or the calendar,
as  the  case  may  be, along with the secondary committee's recommenda-
tions.
  All committee reports, after the second Friday in June, shall be  made
directly  to  the  Committee  on Rules. Notwithstanding any provision of
Rule VII, the Committee on Rules shall have the authority  to  introduce
and  refer bills to itself and shall also have the authority to refer to
itself any bill from any standing committee.
  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 calendar in the order of first report  with
the bill and be entered upon the journal.
  b.  Each bill reported by a standing committee shall be accompanied by
a report, and the Democratic Conference shall file a Democratic  Confer-
ence  committee  report within seven days of the bill being reported out
of committee and said reports shall be filed with the journal clerk. The
report of a committee upon any matter referred to it shall upon  request
include a brief statement of the opinion of any member or members of the
committee voting in either the majority or minority.
  c.  Where a "home rule" request is required as provided in any section
of Article IX of the Constitution, such request, certificate or  message
must  be filed with the Journal Clerk of the Senate before final passage
of such bill.
  d. Where a message of necessity is received from  the  Governor,  such
message  shall  be filed with the Journal Clerk of the Senate upon final
passage of the bill.
  º 6. Nominations. Unless the Senate orders otherwise, all  nominations
sent by the Governor for the appointment of any officer shall be submit-
ted  to  the  Temporary  President who shall then refer such nominations
simultaneously to the Finance Committee, and  the  appropriate  standing
committee,  for  consideration  and  recommendation  and  such  standing
committees, other than the Committee on Judiciary shall thereafter refer
such nominations to the Finance Committee of the Senate who  shall  take

whatever  further  actions  it  deems  necessary and thereafter make its
report on the nominations to the full Senate. Any Senator may  submit  a
request  to  the Chair of a Standing Committee considering a nomination,
to  speak  before  the  committee  for not more than five minutes on the
nomination. The granting of any  such  request  shall  be  at  the  sole
discretion  of  the Committee Chair. A nomination shall not be confirmed
without reference on the day on which it is received except by unanimous
consent. The names of those who voted for or against the nomination  may
be  entered  alphabetically on the journal, if any five Senators request
it.
  º 7. Finance Committee. A bill or resolution providing for  an  appro-
priation  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, and the committee reporting such
bill or resolution shall, at the time of making such  report,  recommend
the  further  reference thereof to the Finance Committee. At the request
of the Majority Coalition Leaders or the Chair of the Finance Committee,
any such bill or resolution shall, at any time before final  reading  or
adoption,  be  referred to the Finance Committee, which may consider and
report upon any features in the bill or resolution creating or  increas-
ing such charge.
  The  sponsor  of a bill providing for an increase or decrease in state
revenues or in the appropriation or expenditure of state moneys, without
stating the amount thereof, must, before such bill is reported from  the
Finance  Committee  or  other committee to which referred, file with the
Finance Committee and such other committee a  fiscal  note  which  shall
state,  so  far  as  possible,  the amount in dollars whereby such state
moneys, revenues or appropriations  would  be  affected  by  such  bill,
together  with  a  similar estimate, if the same is possible, for future
fiscal years. Such an estimate must be secured by the sponsor  from  the
Division  of  the Budget or the department or agency of state government
charged with the fiscal duties, functions or  powers  provided  in  such
bill  and  the  name of such department or agency must be stated in such
note.
  The Finance Committee shall keep and maintain a  file  containing  all
bills  requiring  fiscal notes and the notes appertaining thereto, which
shall be available to Senators and officers of  the  Senate,  accredited
representatives  of  the  press,  and other responsible persons having a
legitimate interest therein.
  º 8. New York City Education Subcommittee. The Committee on  education
shall  have  a permanent subcommittee, consisting of six members, on New
York City Education. The chairperson, ranking member and  membership  of
the  New  York  City  Education  subcommittee  shall be appointed by the
Majority Coalition  Leaders  with  the  ranking  member  and  Democratic
Conference  members to be appointed upon the recommendation of the Demo-
cratic Conference Leader.  Any bill referenced to the Education  Commit-
tee  whose  subject  matter shall solely impact education matters in New
York City shall be referenced by the committee  to  the  New  York  City
Education  subcommittee.  The New York City Education subcommittee shall
be subject to the same rules and procedures as standing committees  with
the  exception  that all bills reported from the New York City Education
subcommittee will be reported to the  Education  Committee  for  further
action.  In  no  instance  may  a bill reported out of the New York City
Education subcommittee bypass the full consideration  of  the  Education
Committee and be reported directly to the calendar.

                                 RULE IX

PASSAGE OF BILLS
  Section  1.  Bills  on  desks. 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, under his  or  her
hand  and  the  seal of the State, the facts which in his or her opinion
necessitate an immediate vote thereon, in which case it  must  neverthe-
less  be  upon  the desks of all Senators in final form, not necessarily
printed, before its final passage. No bill shall be passed pursuant to a
message of necessity unless a majority of the Senators vote  to  approve
the use of such message.
  º  2.  Reading  of  bills.  a. Every bill shall receive three readings
previous to its being passed.
  b. Upon the third reading of a  bill,  the  question  upon  its  final
passage  shall  be taken immediately thereafter; provided, however, that
any bill may be committed prior to the final reading thereof.
  º 3. Third reading calendar. a. The Calendar of bills on the order  of
third  reading  shall consist of all bills which have been advanced to a
third reading from the order of second report or the  order  of  special
report.
  b.  All  Senate  bills,  when  advanced  to  a  third reading shall be
referred automatically to the Jacketing Clerk, who shall cause each such
bill to be readied for final passage in the same form as the last print-
ed copy thereof. All such bills shall be jacketed with the proper  jurat
for certification of final passage attached.
  º 4. Amendments. a. A non-sponsor may move to amend a bill at any time
prior  to the completion of its third reading provided that at least two
hours before the time for the Senate to convene, a copy of the  proposed
amendment  or amendments to any bill on the list of bills compiled under
subdivision a of section six of this Rule has been served upon the spon-
sor of the bill, and filed with the Journal Clerk. If a sponsor does not
accept such amendment, the question shall be put to the house whether  a
majority  of  members elected vote in favor of the non-sponsor motion to
amend, and such motion shall pass only if a majority of members  elected
vote  aye. If the sponsor accepts the amendment, such amended bill shall
be ordered printed without a vote, debate or explanation, and such  bill
shall retain its place on the Third Reading Calendar.
  b.  If  a majority of members elected vote in favor of the non-sponsor
motion to amend, the sponsor of the bill may make a motion  to  withdraw
their  name  from  sponsorship  to be substituted by a co-sponsor or the
Senator who moved to amend the bill.
  c. The introducer of any calendar  bill  may  offer  an  amendment  or
amendments  to  such  bill  and  such  amendment  or amendments shall be
accepted and the bill ordered printed without a vote, debate or explana-
tion, provided, however, that in such case such bill may be  recommitted
by  the chair of the standing committee that reported such bill and such
recommittal shall also be without a vote, debate or explanation.
  º 5. Substitution. When a bill is  received  as  a  message  from  the
Assembly, or at any time thereafter, and a Senate bill, identical there-
with,  is  on  the  order  of third reading, or in the order of first or
second report, 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.
  º  6.  Final  passage.  a.  Prior  to the reading of the third reading
calendar of any given day, the Majority Coalition  Leaders  may  jointly
file with the Journal Clerk an active list of bills on the third reading

calendar  which  may  be  acted  upon on that date and he or she may lay
aside any bill upon which no final action may be taken, provided  howev-
er,  that  no  bill  shall  be so laid aside for a period exceeding five
calendar  legislative  days.  Such active list shall be published to the
extent practicable by 8 p.m. the previous evening or  within  two  hours
following the end of the previous days' session, whichever is later.
  b.  The  question  on  the  final passage of every bill shall be taken
immediately after the third reading and without  debate.  On  the  final
passage  of  every bill and concurrent resolution a fast roll call shall
be taken by the Secretary calling the names of five Senators,  three  of
whom  shall  be  the  Conference  Leaders  provided,  however, that each
Senator's name shall be called on a slow roll call if requested by  five
Senators.  Each  roll call, including the names of the Senators who were
absent shall be entered on the journal. Upon each roll  call  vote,  the
Secretary  shall  announce the names of the Senators voting in the nega-
tive and the names of the Senators who  were  absent.  Such  roll  calls
shall  be  available for public inspection upon request in the office of
the Journal Clerk. When a bill or concurrent resolution does not receive
the number of votes required by the Constitution to pass it, it shall be
declared lost, except in cases provided for by subdivision d of  section
two of Rule X hereof.
  º  7.  Starred  bills.  a.  A  bill  appearing  on the calendar may be
"starred" only by or on behalf of the introducer, whereupon all  further
action on such bill shall be suspended, although it retains its place on
the Calendar.
  b.  Other  than for the purpose of amendment or recommittal, no action
may be taken on a bill from which a star has been removed until one  day
after such removal.
  º 8. Recall and concurrence. 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  subject  to  the
provisions of section one of this Rule.
  º  9. Transmittal of bills to the Governor. All Senate bills passed by
the Senate and sent to the Assembly for action shall, upon  passage  and
return by the Assembly to the Senate, be transmitted by the Secretary to
the  Governor  within  forty-five  days after receipt from the Assembly;
except that upon the filing of a request to  hold  such  bill  with  the
Secretary  by the sponsor of the bill, the bill shall be held until such
time as the sponsor rescinds the request to hold the bill and upon  such
rescission  the Secretary shall transmit the bill to the Governor within
seven days.

                                 RULE X

SENATORS
  Section 1. Attendance and vote. a.  Every  Senator  shall  be  present
within the Senate Chamber during the sessions of the Senate, unless duly
excused  or  necessarily  prevented, and shall vote on each question for
which a vote is required stated from the Chair  unless  excused  by  the
Senate,  or unless he or she has a direct personal or pecuniary interest
in the event of such question. If any Senator refuses to vote, unless he
or she be excused by the Senate, or unless he or she be interested, such
refusal shall be deemed a contempt. In order to vote on a  bill  on  the
controversial  calendar,  a  Senator, other than the Conference Leaders,
must be present in the Senate chamber and vote from his or her regularly
assigned seat, except that a Senator acting as  the  Presiding  Officer,
Temporary  President  or  Conference  Leader  may  vote  from  the place

assigned to such officer. No Senator absent from a roll call vote  shall
be  allowed  to  vote  thereon;  however, within the same day, a Senator
required to attend a public hearing or other meeting of  a  standing  or
conference  committee, or any other meeting which the Majority Coalition
Leaders designate as appropriate, may cast his or her vote at  any  time
prior  to 5:00 P.M. or the adjournment of the Senate, whichever shall be
later.
  b. A Senator desiring to be excused from voting for a direct  personal
or  pecuniary interest in the issue then before the Senate may, when his
or her name is called, state such desire and if there  be  an  objection
make  a  brief statement, not occupying over two minutes, of the reasons
for making such request, and the question on excusing him or  her  shall
then  be  taken  without  debate  and shall be granted by the consent of
two-thirds of the Senators present; and any Senator desiring to  explain
his  or  her  vote  upon a bill, may, when his or her name is called, be
allowed a like opportunity.
  º 2. Quorum. a. A majority of all the Senators elected  shall  consti-
tute a quorum to do business. In case a less number than a quorum of the
Senate  shall convene, those present are authorized to send the Sergeant
at Arms, or any other person, for the absent Senators.
  b. The assent of two-thirds of the Senators elected shall be requisite
to every bill appropriating the public moneys or property for  local  or
private  purposes,  and to the passage of bills returned by the Governor
without his or her approval.
  c. On the final passage  of  any  bill  which  imposes,  continues  or
revives  a  tax,  or  creates  a  debt or charge, or makes, continues or
revives any appropriation of public  or  trust  money  or  property,  or
releases,  discharges  or  commutes  any  claim  or demand of the State,
three-fifths of all the members elected to the Senate shall be necessary
to constitute a quorum therein.
  d. 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.
  e. When any bill  requiring  the  concurrence  of  two-thirds  of  the
Senators,  or  a quorum of three-fifths thereof, is under consideration,
such concurrence or quorum, as the case may be, shall not  be  requisite
except on the question of its final passage.
  f. If at any time during the session of the Senate a question shall be
raised  by  any  Senator  as  to the presence of a quorum, the Presiding
Officer shall forthwith direct the Secretary to call the roll, and shall
announce the result, and such proceeding shall be without debate; but no
Senator while speaking shall be interrupted by any other Senator raising
the question of a lack of a quorum, and the question as to the  presence
of  a  quorum  shall  not  be  raised more often than once in every hour
unless the lack of a quorum shall be disclosed upon a roll call  of  the
ayes and nays.
  g.  Whenever upon a roll call any Senator who is upon the floor of the
Senate Chamber refuses to make response when his or her name is  called,
it  shall  be  the duty of the Presiding Officer, either upon his or her
own motion or upon the suggestion of any Senator, to request the Senator
so remaining silent to respond to his or her name, and if  such  Senator
fails to do so, the fact of such request and refusal shall be entered in
the  journal,  and  such  Senator  shall  be  counted as present for the
purpose of constituting a quorum.
  º 3. Debate. a. Debate shall only be in order when it  is  germane  to
the question under discussion.

  b.  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.
  c.  When  any bill, resolution or motion is under consideration and it
appears that no Senator desires to be heard further, the Presiding Offi-
cer shall put the  question:  "Does  any  Senator  desire  to  be  heard
further?"  If  no  Senator  shall  rise to debate, the Presiding Officer
shall declare the debate closed; except that thereafter  the  Conference
Leaders  may  speak  once, or may yield the floor to any Senator who may
speak once, and may be followed by the Temporary President who may  also
speak  once,  or  may yield the floor to any Senator who may speak once.
The main question shall then be put immediately.
  d. Debate on motions or resolutions other than concurrent  resolutions
shall  be limited to one and one-half hours with one-half hour allocated
to each conference. Debate upon any bill or concurrent resolution  shall
be  limited  to  four hours, which shall include sufficient time for all
Senators to explain their votes. No single Senator shall debate any bill
or concurrent resolution for more than thirty minutes. When any bill  or
concurrent resolution shall have been under consideration for two hours,
including  all  amendments thereto, it shall be in order for any Senator
to move to close debate, and the Presiding Officer shall  recognize  the
Senator  who  wishes  to  make  such motion. Such motion to close debate
shall not be amendable or debatable and shall be immediately put, and if
it shall receive the affirmative vote of  a  majority  of  the  Senators
present,  the pending measure shall take precedence over all other busi-
ness.
  e. The vote shall thereupon be taken upon  such  bill,  resolution  or
motion  with  such  amendments  as  may  be  pending at the time of such
motion, according to the  Rules  of  the  Senate,  but  without  further
debate,  except that upon the roll call the sponsor of a bill before the
house may speak, not to exceed five minutes, in explanation  of  his  or
her  vote, and any Senator, including co-sponsors of the bill before the
house, may speak not to exceed two minutes in explanation of his or  her
vote. After such motion to close debate has been made by any Senator, no
other  motion shall be in order until such motion has been voted upon by
the Senate.
  f. After the Senate shall have adopted the motion to close debate,  as
hereinbefore  provided,  no  motion  shall be in order but one motion to
adjourn or for a call of the Senate by the Temporary  President,  and  a
motion  to commit. Should said motion to adjourn be carried, the measure
under consideration shall be the pending question when the Senate  shall
again  convene,  and  shall be taken up at the point where it was at the
time of such adjournment. The motion to close debate may be ordered upon
a single motion, a series of motions allowable under the  rules,  or  an
amendment  or  amendments,  or  may  be  made  to embrace all authorized
motions or amendments, and include the bill, resolution or motion to its
passage or rejection. All incidental  questions  of  order,  or  motions
pending  at  the  time  such motion is made to close debate, whether the
same be on appeal or otherwise, shall be decided without debate.
  º 4. Order and decorum. a. Prior to the order of business, the presid-
ing officer shall ask those in the chamber to rise and pledge allegiance
to the flag. Those in attendance shall remain standing during the  daily
invocation and until asked to take their seats by the presiding officer.
Senators  shall  not  interrupt  the business of the Senate, or read any
newspaper while the journals or public papers are being  read;  or  walk
out  of  or  across  the Chamber when the Presiding Officer is putting a
question; or when a Senator is speaking, pass between him or her and the
Chair. Cellular telephones and audible pagers shall not be used  in  the

Chamber  or  in  the Senate Galleries. No sign, placard or prop shall be
displayed, posted or carried in the Chamber.  Cellular telephones  shall
not  be  used  in  the lobby by members of the general public. No person
shall  be  introduced  by  a  Senator during the regular business of the
Senate, except that it shall be permissible to introduce  a  person  who
has served as a member of the New York State Legislature or a person who
is  present in the Chamber for the purpose of nomination to an office to
be confirmed by the Senate. On the nomination of any person to an office
which is subject to the  confirmation  of  the  Senate,  nominating  and
seconding speeches shall be limited to fifteen minutes per conference.
  b. Members are expected to uphold the highest standards of civility in
dealing  with  other  members. Debate should be dignified and lacking in
personal invective. A Senator rising to debate or present  a  paper,  to
give  a  notice, to make a motion or report, shall address the Presiding
Officer and shall not proceed further until recognized by the Chair;  he
or  she  shall  speak on the same subject but twice the same day without
leave of the Senate; and when two or more Senators  address  the  Chair,
the  Presiding  Officer  shall name the Senator who is first to speak. A
Senator, while speaking  after  recognition  by  the  Chair,  may,  upon
request  of  a  Senator, yield to him or her temporarily without thereby
relinquishing his or her prior right to the floor and,  thereafter,  may
terminate  such  interruption and resume speaking at any time; provided,
however, that it shall not be in order for a Senator to rise and request
that a Senator, other than the one with the right to the floor, yield to
a question. Furthermore, it shall not be in order for  a  Senator,  with
the  right  to the floor, to ask another Senator to yield to a question,
unless such Senator has previously  spoken  during  the  debate  on  the
matter. All questions and responses shall be directed through the chair,
and  the presiding officer shall not be interrupted when speaking. After
completion of the order of business for the day, and with the  unanimous
consent  of  the  Senate,  a Senator may make a statement, not exceeding
fifteen minutes in length, concerning a subject or  matter  not  pending
before the Senate for consideration.
  c.  When  a Senator shall be called to order, he or she shall take his
or her seat until the Presiding Officer shall have determined whether he
or she is in order or not; and if decided to be out of order, he or  she
shall  not proceed without the permission of the Senate; and every ques-
tion of order shall be decided by the Presiding Officer, subject  to  an
appeal  to  the  Senate  by any Senator. It shall require an affirmative
vote of a majority of all members elected to overrule a  ruling  of  the
Chair.  No  second  appeal shall be determined until the original appeal
shall be decided; and if a Senator shall be called to  order  for  words
spoken,  the  words excepted to shall be immediately taken down in writ-
ing.
  º 5. Presentation of papers. a. A Senator  presenting  a  paper  shall
endorse  the  same with his or her name and a brief written statement of
the subject of its contents.
  b. When the reading of a paper is called for,  except  petitions,  and
the same is objected to by any Senator, it shall be determined by a vote
of the Senate, without debate.
  º 6. Call of the Senate. For the purpose of securing the attendance of
Senators, a call of the Senate may be ordered at any time, but such call
shall  not  be  in order after the voting on any question has begun, nor
after the third reading of a bill has  been  completed,  nor  after  the
motion  to  close  debate  has been ordered pursuant to section three of
this Rule, unless it shall appear upon an actual count by the  Presiding
Officer that a quorum is not present.

  º 7. Absences. In all cases of absence of Senators during the sessions
of  the  Senate,  the  Temporary President or a majority of the Senators
elected may take such measures as they  deem  necessary  to  secure  the
presence  of  the  absentees,  and in addition to suspension for a given
period,  may  inflict  such  censure or penalty as they may deem just on
those who shall not render sufficient excuse for their absence.
  º 8. Staffing. All Senators shall receive the same base allocation  of
funds  for  staffing  their offices. Additional funding for responsibil-
ities associated with committees and leadership positions shall be allo-
cated within amounts available for committee and leadership staff;  such
amounts  shall  include,  at a minimum, a budget sufficient to appoint a
staff member with expertise in the  committee's  subject  matter.    The
funding  for  the  Democratic conference central staff shall not be less
than thirty percent of the funds allocated for all central  staff  on  a
per member basis.
  º  9.  Resources.  All  Senators  shall  have  equitable access to the
resources of the Senate, including, but not limited to, office supplies,
communications and audio visual resources, mail  privileges  subject  to
published  guidelines, technology, including both hardware and software,
and equal access to the Legislative Bill Drafting Commission's  Legisla-
tive Retrieval System.
  º  10. District Offices. All Senators will receive funds to maintain a
district office. Rents of district offices shall  be  based  on  a  cost
formula  of  office  rental costs of an equal class of commercial office
space based on the prevailing rent in the community  where  the  Senator
chooses to have his or her district office. A Senator whose district has
geographic  disparities  such that traversing the district is a hardship
for his or her constituents, as determined  by  the  Majority  Coalition
Leaders,  shall  receive  supplemental  funding  to maintain a satellite
office.
  º 11. Allocation for Community Projects. Each conference shall receive
an allocation from any amounts to be awarded by the Senate for community
projects, capital spending, local  assistance  or  other  similar  allo-
cations  for  member  driven  initiatives.  The Majority Coalition shall
receive seventy-one percent of such funds and the Democratic  Conference
shall  receive  twenty-nine percent of such funds; provided however that
such percentages shall increase or decrease to reflect  any  changes  in
the  membership  of  either  the  Majority  Coalition  or the Democratic
Conference.

                                 RULE XI

SENATE CHAMBERS
  Section 1. Open doors. The doors of the Senate  shall  be  kept  open,
except when the public welfare shall require secrecy.
  º  2.  Admission to floor. Persons not members of the Senate, or offi-
cers or employees thereof, shall be admitted to the floor of the  Senate
only as follows:
  a. The Governor, his or her secretary and messenger.
  b. The members and Clerk of the Assembly, and clerks and messengers of
the Assembly in the exercise of an official duty directly connected with
the business of the Senate.
  c.  The  elected  State officers, heads of departments and their depu-
ties.
  d. Reporters of the Senate and of the Assembly  designated  under  the
rules, unless a designation theretofore given them has been revoked.

  e. Members of a Senator's family, or of the family of the President of
the Senate.
  f. Former members of the Senate.
  g.  Any  person not hereinbefore named may be admitted to the floor of
the Senate, with the permission of the Secretary of the Senate.
  h. Notwithstanding the provisions of subdivisions a through g of  this
section,  no  person shall be admitted to the floor of the Senate who is
interested in pending or contemplated legislation, or who is employed by
or receives compensation from any public or private source for influenc-
ing legislation.
  i. During the sessions of the Senate, no person other than  a  Senator
shall occupy the chair of a Senator, or stand in or otherwise occupy any
part  of  the  area between the last row of Senators' chairs on the east
and west sides of the Chamber, and the  east  and  west  walls  thereof,
respectively.  All  persons  in  the Senate Chamber shall observe proper
rules of order and decorum.
  j. It shall be the duty of the Sergeant at Arms  strictly  to  enforce
the provisions of this section, and it shall be in order for any Senator
to call a breach thereof to the attention of the Presiding Officer.

                                RULE XII

SUSPENSION OF THE RULES
  Section  1.  Resolution to amend the Senate Rules. No amendment to the
Senate Rules shall be considered by the Senate unless a  resolution  for
such amendment, together with a memorandum specifying the purpose of the
proposed  amendment,  suspension,  or rescission, shall be introduced to
the Committee on Rules and  reported  therefrom  to  the  Senate  floor.
Passing  of  any  such rules change shall require an affirmative vote of
three-fifths of all Senators elected.
  º 2. Motion for Chamber Consideration. a. It shall be in order for any
Senator, who is the sponsor of a bill that  is  on  the  Senate's  Third
Reading  Calendar,  to move for chamber consideration of such bill. Such
motion shall require an affirmative  vote  of  three-fifths  of  members
elected. Where a motion for chamber consideration is approved, such bill
shall be considered by the full Senate on the first calendar legislative
day  after  four  days  shall  have passed. Provided however, where such
motion is approved within the last five scheduled days  of  the  regular
legislative  session,  such  bill  shall  be considered by the Senate no
later than the next calendar legislative day.
  b. On any calendar legislative day, no more than two motions for cham-
ber consideration shall be in order before the Senate.  The  sponsor  of
such motion shall serve written notice of intent to bring such motion at
least  one  calendar  legislative  day before such motion shall be made,
specifying the date the motion is to be made.
  º 3. Petition for Consideration. a. The sponsor of any bill  may  file
with  the  Journal  Clerk, no less than forty-five days after a bill has
been referred to a committee, a petition requesting that  such  bill  be
moved  to  the  calendar for consideration. Such petition shall be filed
with the Journal Clerk. Once the petition is signed by at  least  three-
fifths  of  the  members  elected, the petition shall be read during the
order of presentation of petitions and the bill reported  to  the  third
reading calendar.
  b.  No  petition  for  consideration shall be in order on or after the
first Monday in June.

                                RULE XIII

ADJOURNMENT
  Section 1. The Senate shall not adjourn for more than two days without
the consent of the Assembly.

                                RULE XIV

GUIDELINES FOR A SYSTEM OF INTERNAL CONTROLS
  Section  1. Pursuant to Article 6 of the Legislative Law as enacted by
the New York  state  governmental  accountability,  audit  and  internal
control  act  of 1987, the following guidelines for a System of Internal
Control are hereby established:
  a. all financial transactions shall be executed in accordance with the
general or specific authorization of the Temporary President or  his  or
her designated representative;
  b.  all  financial  transactions  shall be recorded in conformity with
generally accepted accounting principles or  other  applicable  criteria
and to maintain accountability for assets;
  c.  access  to  assets  shall be permitted only in accordance with the
authorization of the Temporary President or his or her designated repre-
sentative;
  d. the recorded accountability for assets shall be compared  with  the
existing  assets at reasonable intervals and appropriate action shall be
taken with respect to any differences; and
  e. the system of internal controls shall provide reasonable  assurance
that the foregoing are accomplished.
  º  2. Expenditure reporting. The Temporary President shall establish a
system of expenditure reporting whereby expenditures of the Senate shall
be reported by such categories as he or she shall determine. Reports  of
expenditures  by  such  system  shall  be  published  in  a  form  to be
prescribed by the Temporary President.

                                 RULE XV

FREEDOM OF INFORMATION
  Section 1. a. Publication of records relating  to  Senate  legislative
and  administrative records. Recognizing that legislative records avail-
able by request under the "freedom of information law" are of  important
public  interest,  the  Senate shall make available through a searchable
and sortable database on the  Senate  website:  records  of  committees,
agendas,  votes, minutes, reports, attendance, fiscal notes, and records
of the chamber including, active lists, votes,  transcripts,  calendars,
the Senate payroll report and expenditure reports.
  b.  Furthermore  all  such  records  listed  in subdivision a shall be
available for public inspection  and  copying  in  accordance  with  the
provisions  of  Article  6  of  the Public Officers Law, "the freedom of
information law."
  c.  The Secretary of the Senate shall be the repository for all  rules
and  regulations  regarding  public  inspection  and  copying  of Senate
records. Such rules and regulations shall pertain to the times and plac-
es such records are available, the persons from whom such records may be
obtained, the fees for copies of such records and the procedures  to  be
followed.
  d. Nothing in this section shall be construed to increase the legisla-
tive  requirements  set forth in subdivision 2 or 3 of section 88 of the
public officers law.

                                RULE XVI

TELEVISING SENATE SESSION
  Section  1.  Any televised proceedings of sessions of the Senate shall
be made available for statewide television broadcast,  pursuant  to  the
following:
  a.  All televised proceedings of the Senate session shall be unedited,
except that  only  accredited  news  organizations,  educational  insti-
tutions, and public affairs documentary programs may utilize any portion
of the Senate television feed.
  b.  No  portion  of  the  televised proceedings (either live or taped)
authorized pursuant to this section may be utilized for:
  (1) campaign or political purposes or to promote or  oppose  a  ballot
issue or the candidacy of any person for any elective office; or
  (2) any paid commercial advertisements.
  º  2.  The televised proceedings of sessions of the Senate as provided
for in section one of this Rule, in any form, shall be deemed the  prop-
erty of the New York State Senate.

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