New York State Legislature
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The New York State Legislature consists of the two houses that act as the state legislature of the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of New York: The
New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...
and the
New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...
. The Constitution of New York does not designate an official term for the two houses together; it says only that the state's legislative power "shall be vested in the senate and assembly".
Session laws Session laws are the collection of statutes enacted by a legislature during a single session of that legislature, often published following the end of the session as a bound volume. The United States Statutes at Large are an example of session l ...
passed by the Legislature are published in the official ''
Laws of New York ''Laws of the State of New York'' are the session laws of the New York State Legislature published as an annual periodical, i.e., "chapter laws", bills that become law (bearing the governor's signature or just certifications of passage) which have ...
''. Permanent New York laws of a general nature are codified in the ''
Consolidated Laws of New York The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called " ...
''. As of January 2021, the
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
holds supermajorities in both houses of the New York State Legislature, which is the highest paid state legislature in the country. Legislative elections are held in November of every even-numbered year. Both Assembly members and Senators serve two-year terms. In order to be a member of either house, one must be a
citizen of the United States Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
, a resident of the state of New York for at least five years, and a resident of the district for at least one year prior to election. The Assembly consists of 150 members; they are each chosen from a single-member district. The
New York Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitut ...
allows the number of Senate seats to vary; as of 2014, the Senate had 63 seats.


Leaders

The Assembly is headed by the
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...
, while the Senate is headed by the President, a post held ''ex officio'' by the State Lieutenant Governor. The Lieutenant Governor, as President of the Senate, has only a tie-breaking "
casting vote A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock ...
". More often, the Senate is presided over by the Temporary President, or by a senator of the Majority Leader's choosing. The Assembly Speaker and Senate Majority Leader control the assignment of committees and leadership positions, along with control of the agenda in their chambers. The two are considered powerful statewide leaders and along with the
Governor of New York The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor has ...
control most of the agenda of state business in New York.


Drafting and research

The
Legislative Bill Drafting Commission The New York Legislative Bill Drafting Commission (LBDC) aids the New York State Legislature in drafting legislation; advises as to the constitutionality, consistency or effect of proposed legislation; conducts research; and publishes and maintains ...
(LBDC) aids in drafting legislation; advises as to the constitutionality, consistency or effect of proposed legislation; conducts research; and publishes and maintains the documents of the Legislature, such as the ''
Laws of New York ''Laws of the State of New York'' are the session laws of the New York State Legislature published as an annual periodical, i.e., "chapter laws", bills that become law (bearing the governor's signature or just certifications of passage) which have ...
''. The LBDC consists of two commissioners, the Commissioner for Administration and the Commissioner for Operations, each appointed jointly by the Temporary President of the Senate and the Speaker of the Assembly.


Party control

In the 2018 elections, Democrats won control of the State Senate and increased their majority in the State Assembly. At the beginning of the 2019-2020 legislative session, the Senate Democratic Conference held 39 of the chamber's 63 seats and the Assembly Democratic Conference held 106 of the 150 seats in that chamber. The Senate Democratic Conference increased to 40 seats after Democratic senator
Simcha Felder Simcha Felder (born December 30, 1958) is an American politician from Borough Park, Brooklyn. He represents the 17th district of the New York State Senate. Felder has been elected to multiple offices as a Democrat, but is known for having cauc ...
was re-accepted into the Conference.


Constitutional powers

The Legislature is empowered to make law, subject to the governor's power to veto a bill. However, the veto may be overridden by the Legislature if there is a
two-thirds majority 2/3 may refer to: * A fraction with decimal value 0.6666... * A way to write the expression "2 ÷ 3" ("two divided by three") * 2nd Battalion, 3rd Marines of the United States Marine Corps * February 3 * March 2 Events Pre-1600 * 537 – ...
in favor of overriding in each House. Furthermore, it has the power to propose
New York Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitut ...
amendments by a majority vote, and then another majority vote following an election. If so proposed, the amendment becomes valid if agreed to by the voters at a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.


History

The legislature originated in the revolutionary
New York Provincial Congress The New York Provincial Congress (1775–1777) was a revolutionary provisional government formed by colonists in 1775, during the American Revolution, as a pro-American alternative to the more conservative New York General Assembly, and as a repla ...
, assembled by rebels when the
New York General Assembly The General Assembly of New York, commonly known internationally as the New York General Assembly, and domestically simply as General Assembly, was the supreme legislative body of the Province of New York during its period of proprietal coloni ...
would not send delegates to the
Continental Congress The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
. The New York State Legislature has had several corruption scandals during its existence. These include the
Black Horse Cavalry The Black Horse Cavalry was a corrupt bipartisan group in the New York New York Legislature, state legislature. During the last quarter of the 19th century, it preyed particularly on corporations and usually blackmailed by introducing bill (propose ...
and
Canal Ring A canal ring is the name given to a series of canals that make a complete loop. Etymology There have been canals which formed a ring for more than 200 years, but the term was unknown before the 1960s, when the Inland Waterways Association coine ...
. In the 1840s, New York launched the first great wave of
civil procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kin ...
reform in the United States by enacting the
Field Code David Dudley Field II (February 13, 1805April 13, 1894) was an American lawyer and law reformer who made major contributions to the development of American civil procedure. His greatest accomplishment was engineering the move away from common ...
. The Code inspired similar reforms in 23 other states, and gave birth to the term " code pleading" for the system of civil procedure it created. The first African-American elected to the legislature was
Edward A. Johnson Edward Austin Johnson (November 23, 1860 – July 24, 1944) was an attorney who became the first African-American member of the New York state legislature when he was elected to the New York State Assembly in 1917. Biography Johnson was born ...
, a Republican, in 1917. The first women elected to the legislature were Republican Ida Sammis and Democrat
Mary Lilly Mary Madden Lilly (July 18, 1859 in Roxbury, Boston, Roxbury, Massachusetts – October 11, 1930 in Brooklyn, New York (state), New York) was a Progressive era activist who had a prominent role in New York City's social movement, social refo ...
, both in 1919. The first African-American woman elected to the legislature was Bessie A. Buchanan in 1955. Five assemblymen were expelled in 1920 for belonging to the
Socialist Party Socialist Party is the name of many different political parties around the world. All of these parties claim to uphold some form of socialism, though they may have very different interpretations of what "socialism" means. Statistically, most of t ...
. There is said to be a compact to which members of the New York Legislature unofficially adhere a code of silence regarding behavior such as illicit extramarital affairs or other embarrassing behavior.


Legislative leadership


New York State Senate

*Temporary President of the Senate:
Andrea Stewart-Cousins Andrea Alice Stewart-Cousins (née Stewart; born September 2, 1950) is an American politician and educator from Yonkers, New York. A member of the Democratic Party, Stewart-Cousins has represented District 35 in the New York State Senate since ...
*Majority Leader:
Andrea Stewart-Cousins Andrea Alice Stewart-Cousins (née Stewart; born September 2, 1950) is an American politician and educator from Yonkers, New York. A member of the Democratic Party, Stewart-Cousins has represented District 35 in the New York State Senate since ...
*Minority Leader:
Robert Ortt Robert Gary Ortt II (born May 23, 1979) is an American politician who is a member of the New York State Senate. Ortt represents the 62nd district, which covers Niagara and Orleans counties. First elected in 2014, Ortt is a Republican. Prior ...


New York State Assembly

*Speaker of the Assembly:
Carl Heastie Carl Edward Heastie (; born September 25, 1967) is an American politician from New York. Heastie has served in the New York State Assembly since January 2001, and was elected Speaker of the New York State Assembly on February 3, 2015. Early li ...
*Majority Leader of the Assembly:
Crystal Peoples-Stokes Crystal Davis Peoples-Stokes (born December 22, 1951) is an American politician serving as Majority Leader of the New York State Assembly representing Assembly District 141, which includes the city of Buffalo within Erie County, New York. Educat ...
*Minority Leader of the Assembly:
Will Barclay William Anson Barclay (born January 5, 1969) is an American politician and attorney from the State of New York. A Republican, he has served in the New York State Assembly since 2003. In January 2020, Barclay was elected to the position of Assembly ...


See also

*
George G. Barnard George Gardner Barnard (c. 1829 Poughkeepsie, Dutchess County, New York – April 27, 1879 New York City) was an American lawyer and politician from New York. He was one of only four people ever tried by the New York Court for the Trial of Impe ...
* ''
Gibbons v. Ogden ''Gibbons v. Ogden'', 22 U.S. (9 Wheat.) 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, which was granted to Congress by the Commerce Clause of the United Sta ...
'' * The Frawley committee and
William Sulzer William Sulzer (March 18, 1863 – November 6, 1941) was an American lawyer and politician, nicknamed Plain Bill Sulzer. He was the 39th Governor of New York and a long-serving congressman from the same state. Sulzer was the first, and to date ...
*
The Hepburn Committee The Hepburn Committee was created in 1879 by an act of the New York State Legislature. A. Barton Hepburn was directed by the State Legislature to investigate the railroads' practice of giving freight rate rebates (as much as 25%) to certain of the ...
*
List of New York Legislature members expelled or censured This page lists members of the New York State Legislature who have: (a) forfeited their seats due to felony convictions or pleas of guilty to felony charges; (b) been expelled from office by votes of their peers; or (c) been censured. Legal auth ...
*
New York Provincial Congress The New York Provincial Congress (1775–1777) was a revolutionary provisional government formed by colonists in 1775, during the American Revolution, as a pro-American alternative to the more conservative New York General Assembly, and as a repla ...
*
New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...
*
New York State public benefit corporations New York state public-benefit corporations and authorities operate like quasi-private corporations, with boards of directors appointed by elected officials, overseeing both publicly operated and privately operated systems. Public-benefit nonprofit ...
*
New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...


References


Further reading

*


External links


Official site of the New York SenateOfficial site of the New York AssemblyLegislative information
from the
Legislative Bill Drafting Commission The New York Legislative Bill Drafting Commission (LBDC) aids the New York State Legislature in drafting legislation; advises as to the constitutionality, consistency or effect of proposed legislation; conducts research; and publishes and maintains ...

Legislative Retrieval System
from the Legislative Bill Drafting Commission
The New York State Legislature Portrait Prints Collection at the New York Historical Society
{{Authority control Government of New York (state) Bicameral legislatures