Senate Resolution No. 4
BY: Senator FLANAGAN
to adopt the Rules of the Senate for the years
RULES OF THE SENATE
OF THE STATE OF NEW YORK
Section 1. The Lieutenant Governor of the State shall be President of
the Senate, but shall have only a casting vote therein.
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. The leaders of such
conferences, referred to in these rules as Conference Leaders, shall not
serve in their respective 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.
§ 2. The Independent Democratic Conference Leader. a. The Independent
Democratic Conference Leader shall, as a Majority Coalition Leader,
together with the Temporary President of the Senate, execute these
b. The Independent Democratic Conference Leader may request bills be
placed on an active list. Any such bill placed on an active list shall
be starred as appearing thereon pursuant to his or her request.
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
Temporary President, by resolution adopted upon the vote of a majority
of the members of the Senate elected, who shall be the majority leader
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 the 2017-2018 session. The
Temporary President may not serve in such capacity longer than eight
§ 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.
§ 3. He or she shall be Chair of the Committee on Rules.
§ 4. He or she shall appoint, in conjunction with the Speaker of the
Assembly and the Legislative Librarian, an Assistant Legislative
Librarian, 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
employees 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
Legislative 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
include the Rules of the Senate, the Rules of the Assembly, reports of
the Legislature and reports of every legislative committee,
subcommittee, 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.
§ 5. He or she shall represent the Senate, or engage legal
representation 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.
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.
§ 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 or adopted, 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 resolution to the Secretary.
§ 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 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.
§ 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 conference
§ 3. 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
appropriation, 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
§ 4. a. It shall be the duty of the Secretary of the Senate 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
within thirty calendar legislative days of such passage. 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
e. The Ethics and Internal Governance Committee shall annually review
and make recommendations regarding the provisions of this section.
§ 5. The Sergeant at Arms, under the jurisdiction of the Secretary of
the Senate, 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. He or she shall assign
Assistant Sergeants at Arms to act as doorkeepers and, under the
direction of the Presiding Officer, aid in enforcing order and
protecting the safety of all Senators, staff, guests and the public on
the floor of the Senate, in the lobbies, galleries, 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 necessary
by the Secretary of the Senate. The Ethics and Internal Governance
Committee shall annually review and make recommendations regarding the
provisions of this section.
§ 6. 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
Official Stenographer shall be responsible, under the direction of the
Secretary of the Senate, 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 of the Senate.
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.
§ 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.
§ 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
§ 4. Messages and reports. 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.
§ 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.
§ 6. Calendar. a. The matters upon the Senate Calendar shall be
arranged and acted upon in the following order:
(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 or the Independent
Democratic Conference Leader shall continue to retain their place in
their regular order of business until called for debate by the Temporary
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".
§ 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
business 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.
§ 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 of the Senate,
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.
§ 9. Reconsideration. a. When a question has once been put and
decided, it shall be in order for any Senator to move for the
reconsideration thereof; but no motion for the reconsideration of any
vote shall be in order after the bill, resolution, message, report,
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
reconsideration be in order unless made on the same day on which the
vote was taken, or within the next three days of the actual session of
the Senate thereafter. Nor shall any question be reconsidered more than
once; 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
(i) To adjourn.
(ii) 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.
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. 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. The Temporary President with the Independent Democratic
Conference Leader shall jointly refer bills or designate an officer to
refer bills to the appropriate standing committee. Bills shall be
referred in accordance with a set of guidelines to be jointly published
annually by the Temporary President with the Independent Democratic
Conference Leader 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 Temporary President
together with the leader of the Independent Democratic Conference.
§ 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 published, the names of all
multi-sponsors shall appear on the printed bill upon the following
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 published, 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 published
bill, however, shall not be republished.
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 published 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. Placement on desks. Every bill immediately upon its introduction
shall be 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 placed on each
Senator's desk, except that any bill which is amended by restoring it to
an earlier form, shall not be required to be placed on each Senator's
desk again, and thereafter the number of the bill in the form placed on
each Senator's desk to which it has been so restored shall constitute
the final form of such bill unless further amended. Whenever a bill is
amended, a letter of the alphabet starting with "A" shall be added to
§ 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
repealing 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
containing 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
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
Charter 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
explanatory 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
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 published 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
existing 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 bill is amended by eliminating new matter from
such bill, the same shall be omitted in the republication of the
original. When amendments are offered to a printed bill, the proposed
changes, indicating 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 of the Senate to direct the Revision Clerk to
cause any bill appearing on the calendar and not complying with this
section to be immediately amended so as to comply with the same.
§ 5. Final date. a. The Temporary President with the leader of the
Independent Democratic Conference may jointly 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 April shall be so designated; provided, however, that all
bills recommended by a State department or agency must be submitted to
the Temporary President not later than the first day of March. Bills
proposed by the Governor, the Attorney General, the Comptroller, the
Department of Education or the Office of Court Administration must be
submitted to the Temporary President no later than the first Tuesday in
b. All bills introduced in the Senate after the first day of June
shall be introduced to the Committee on Rules.
§ 6. Budget bills. When a bill is submitted or proposed by the
Governor by authority of Article VII of the Constitution, it shall
become, for all legislative purposes, a legislative bill, and upon
receipt thereof 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. Budget bills may be reported from the Finance Committee
direct to the third reading calendar.
§ 7. Program, departmental and agency bills. Every bill proposed by
the Governor, the Attorney General, the Comptroller or by state
departments and agencies shall be submitted to the Temporary President
and shall be forwarded for introduction purposes to the appropriate
standing committee in accordance with section one of Rule VII. Any such
bill which is not so forwarded within three weeks after receipt by the
Temporary 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.
§ 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
recommitted to a Standing Committee is deemed to be automatically
reintroduced 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.
§ 9. Resolutions. a. All original resolutions shall be in
quadruplicate, 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 introducer. 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
recognize, 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
Constitution 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
committed 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
designated by the Majority Coalition Leaders shall be placed upon the
calendar 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.
Section 1. There shall be the following standing committees which
shall serve and shall continue throughout the year:
To consist of thirty-seven Senators:
To consist of twenty-five Senators:
To consist of twenty-three Senators:
To consist of nineteen Senators:
To consist of seventeen Senators:
To consist of sixteen Senators:
To consist of fifteen Senators:
To consist of thirteen Senators:
Crime Victims, Crime and Correction
Cultural Affairs, Tourism, Parks and Recreation
Veterans, Homeland Security and Military Affairs
To consist of eleven Senators:
Civil Service and Pensions
Commerce, Economic Development and Small Business
Energy and Telecommunications
Mental Health and Developmental Disabilities
Racing, Gaming and Wagering
To consist of nine Senators:
Housing, Construction and Community Development
Infrastructure and Capital Investment
Investigations and Government Operations
To consist of eight Senators:
Ethics and Internal Governance
To consist of seven Senators:
Children and Families
Corporations, Authorities and Commissions
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
c. Conference membership of committees. The membership of all
committees, except the Ethics and Internal Governance Committee, and
unless otherwise provided by the act or resolution creating them, shall
be composed, as nearly as may be, of Majority Coalition and Democratic
Conference members in the same proportion as the number of Majority
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
proportion 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 Independent
Democratic 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 Ethics and Internal Governance Committee shall consist of an
equal number of members from each of the two major political parties as
defined by the election law.
e. The provisions of this Rule may be amended by resolution adopted
by a majority of members elected.
§ 2. Open Meetings of Standing Committees. a. (1) Standing committees
shall hold regular meetings at such time and on such day as scheduled by
the Majority Coalition Leaders in joint 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 and website.
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 5 p.m. the
Thursday preceding the regular meeting, furnish to the Majority
Coalition Leaders, and publish the agenda together with 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
representatives 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.
(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
(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
prosecution of a criminal offense which would imperil effective law
enforcement if disclosed;
(d) discussions regarding proposed, pending or current litigation;
(e) collective negotiations pursuant to article fourteen of the Civil
(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
b. (1) Minutes shall be taken at all open meetings of committees which
shall consist of a record or summary of all motions, proposals,
resolutions and any other matter formally voted upon and the vote
(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 Temporary President jointly with the leader
of the Independent Democratic Conference, provided, however, 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 paragraphs three and four of
subdivision a, and subdivision b shall not apply to the Committee on
Rules or the Ethics and Internal Governance Committee.
d. Committee presentations. The chair of a committee may invite
interested persons to offer a presentation for a given amount of time on
a bill on the meeting agenda with notice provided to the ranking
Democratic 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
consideration 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
§ 3. Ethics and Internal Governance Committee. The Ethics and Internal
Governance Committee may sit at any time and shall hold regular meetings
at such time and on such day as scheduled by the Temporary President of
the Senate in consultation with the Chair. The committee shall review
any matter deemed appropriate by the majority of members appointed to
such committee. The committee shall evaluate and, if necessary, make
recommendations regarding compliance with Rules XI, XIV, XV and XVI of
these Rules. The committee shall review, and if necessary, make
recommendations regarding policies of the Senate, including but not
limited to per diem and travel expenses, time and attendance, and
workplace ethics. The committee shall report annually as required in
sections four and five of Rule V. The committee shall have jurisdiction
over any matter referred to it by the Secretary of the Senate pertaining
to the ethical conduct of legislative members. The committee shall
comply with subdivision a, and paragraphs one and two of subdivision b
of section two of this Rule.
§ 4. 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
Temporary 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, including final action thereon.
§ 5. Hearings. a. Committee hearings. Chairs of standing committees
may call public hearings to permit interested persons, groups or
organizations 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
stenographic 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 Commission 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
c. Committee oversight function. Each standing committee is required
to conduct oversight of the administration of laws and programs by
agencies 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.
§ 6. 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
All committee reports, after the first 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
Conference 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.
§ 7. Nominations. Unless the Senate orders otherwise, all nominations
sent by the Governor for the appointment of any officer shall be
submitted to the Temporary President who shall jointly with the Leader
of the Independent Democratic Conference 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
§ 8. Finance Committee. A bill or resolution providing for an
appropriation or creating or increasing a charge upon the State Treasury
shall, when reported by any committee other than the Finance Committee,
be referred to the Finance Committee, 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 Temporary President or the leader of the Independent Democratic
Conference 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 increasing such
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
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.
PASSAGE OF BILLS
Section 1. Bills on desks. No bill shall be passed unless it shall
have been 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
nevertheless be upon the desks of all Senators in final form, 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
§ 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.
§ 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
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
printed copy thereof. All such bills shall be jacketed with the proper
jurat for certification of final passage attached.
§ 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
sponsor 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 amended without a vote, debate or
explanation, and such bill shall retain its place on the Third Reading
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 amended without a vote, debate or explanation,
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.
§ 5. Substitution. When a bill is received as a message from the
Assembly, or at any time thereafter, and a Senate bill, identical
therewith, 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.
§ 6. Final passage. a. Prior to the reading of the third reading
calendar of any given day, the Temporary President may jointly with the
leader of the Independent Democratic Conference publish 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 however, that no bill shall be so laid aside for a
period exceeding five calendar legislative days; and provided, however,
that the leader of the Independent Democratic Conference may lay aside
one bill on an active list. Bills laid aside by the Temporary President
or the leader of the Independent Democratic Conference shall retain
their place in the regular order of business until called for debate by
the Temporary President. 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
negative 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.
§ 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
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.
§ 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.
§ 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 of
the Senate to the Governor within thirty days after receipt from the
Assembly; except that upon the filing of a request to hold such bill
with the Temporary President 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 of the Senate shall transmit
the bill to the Governor within seven days.
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 Independent Democratic 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.
§ 2. Quorum. a. A majority of all the Senators elected shall
constitute 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.
§ 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
Officer 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 hour with one-half hour allocated to the
Majority Coalition and one-half hour allocated to the Democratic
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
elected, the pending measure shall take precedence over all other
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
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.
§ 4. Order and decorum. a. Prior to the order of business, the
Presiding 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 Lobbies, Chamber or Galleries. No sign, placard
or prop shall be displayed, posted or carried in the Chamber or in the
Senate Galleries. Cellular telephones shall not be used in the lobby by
members of the general public. Cellular telephones shall not be used to
take photographs, videos or perform any other recording function in the
Senate Chamber, Galleries or Lobbies, except those photographic and
recording functions performed by official Senate photographers and
videographers, without permission of the Secretary of the Senate. 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
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
question 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
§ 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.
§ 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.
§ 7. Absences. In all cases of absence of Senators during the sessions
of the Senate, the Temporary President, jointly with the Leader of the
Independent Democratic Conference, 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.
§ 8. Staffing. All Senators shall receive the same base allocation of
funds for staffing their offices. Additional funding for
responsibilities associated with committees and leadership positions
shall be allocated 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.
§ 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
Legislative Retrieval System.
§ 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
§ 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
allocations 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
Section 1. Open doors. The doors of the Senate shall be kept open,
except when the public welfare shall require secrecy.
§ 2. Admission to floor. Persons not members of the Senate, or
officers or employees thereof, shall be admitted to the floor of the
Senate only as follows:
a. The Governor, and his or her secretary.
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
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
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
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.
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.
§ 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
chamber 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.
§ 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.
Section 1. The Senate shall not adjourn for more than two days without
the consent of the Assembly.
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
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.
§ 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.
FREEDOM OF INFORMATION
Section 1. a. Publication of records relating to Senate legislative
and administrative records. Recognizing that legislative records
available 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
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
places 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
legislative requirements set forth in subdivision 2 or 3 of section 88
of the public officers law.
TELEVISING SENATE SESSION
Section 1. Any televised proceedings of sessions of the Senate shall
be made available for statewide television broadcast, pursuant to the
a. All televised proceedings of the Senate session shall be unedited,
except that only accredited news organizations, educational
institutions, 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.
§ 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
property of the New York State Senate.
04 / Jan / 2017
- REFERRED TO FINANCE
04 / Jan / 2017
- Law Section:
- Resolutions, Senate
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