New York State Legislature

Last updated
New York State Legislature
Seal of New York.svg
Type
Type
Houses Senate
Assembly
Leadership
Kathy Hochul (D)
since January 1, 2015
Andrea Stewart-Cousins (D)
since January 2, 2019
Carl Heastie (D)
since February 3, 2015
Structure
Seats213
New York State Assembly.svg
Political groups
Majority caucus (107)

Minority caucus

New York State Senate.svg
Political groups
Majority caucus

Minority caucus

Vacant (1)
Salary$110,000
Elections
Last election
November 6, 2018
Next election
November 3, 2020
Meeting place
NYSCapitolPanorama.jpg
New York State Capitol, Albany
Website
public.leginfo.state.ny.us
www.assembly.state.ny.us

The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The New York Constitution does not designate an official term for the two houses together;[ citation needed ] it says only that the state's legislative power "shall be vested in the senate and assembly". [1] Session laws passed by the Legislature are published in the official Laws of New York . [2] [3] Permanent New York laws of a general nature are codified in the Consolidated Laws of New York . [2] [4]

State legislature (United States)

A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 25 states, the legislature is simply called the Legislature, or the State Legislature, while in 19 states, the legislature is called the General Assembly. In Massachusetts and New Hampshire, the legislature is called the General Court, while North Dakota and Oregon designate the legislature the Legislative Assembly.

U.S. state constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names. The term does not describe or provide for any specific political status or legal relationship when used by a state.

New York (state) State of the United States of America

New York is a state in the Northeastern United States. New York was one of the original thirteen colonies that formed the United States. With an estimated 19.54 million residents in 2018, it is the fourth most populous state. In order to distinguish the state from the city with the same name, it is sometimes referred to as New York State.

Contents

Legislative houses

Legislative elections are held in November of every even-numbered year. [5] Both Assemblymembers and Senators serve two-year terms. [6]

In order to be a member of either house, one must be a citizen of the United States, 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. [7]

The Assembly consists of 150 members; they are each chosen from a single-member district. The New York Constitution allows the number of Senate seats to vary; as of 2014, the Senate had 63 seats. [8] As of 2009, the New York State Legislature had 2,700 employees, more than any other state legislature except for the Pennsylvania General Assembly. [9]

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 constitution's provisions tend to be more detailed, and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions.

Pennsylvania General Assembly state legislature of the US state of Pennsylvania

The Pennsylvania General Assembly is the legislature of the U.S. commonwealth of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times (1682–1776), the legislature was known as the Pennsylvania Provincial Assembly and was unicameral. Since the Constitution of 1776, the legislature has been known as the General Assembly. The General Assembly became a bicameral legislature in 1791.

Leaders

The Assembly is headed by the Speaker, while the Senate is headed by the President, a post held ex officio by the State Lieutenant Governor.[ citation needed ] The Lieutenant Governor, as President of the Senate, has only a tie-breaking "casting vote".[ citation needed ] More often, the Senate is presided over by the Temporary President[ clarification needed ] or by a senator of the Majority Leader's choosing.[ citation needed ]

Lieutenant Governor of New York

The Lieutenant Governor of New York is a constitutional office in the executive branch of the Government of the State of New York. It is the second highest-ranking official in state government. The lieutenant governor is elected on a ticket with the governor for a four-year term. Official duties dictated to the lieutenant governor under the present New York Constitution are to serve as president of the state senate, serve as acting governor in the absence of the governor from the state or the disability of the governor, or to become governor in the event of the governor's death, resignation or removal from office via impeachment. Additional statutory duties of the lieutenant governor are to serve on the New York Court for the Trial of Impeachments, the State Defense Council, and on the board of trustees of the College of Environmental Science and Forestry.

A casting vote is a vote that someone may exercise to resolve a deadlock. 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. Examples of officers who hold casting votes are the Speaker of the British House of Commons and the President of the United States Senate.

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 control most of the agenda of state business in New York.[ citation needed ]

Governor of New York head of state and of government of the U.S. state 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 and naval forces.

Other officers

The Legislative Bill Drafting Commission (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 . [10] [11] 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. [12]

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 [13] and the Assembly Democratic Conference held 106 of the 150 seats in that chamber. [14]

Title page of volume 1 of the Consolidated Laws of New York Consolidatedlaw02stagoog wo front matter.pdf
Title page of volume 1 of the Consolidated Laws of New York

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 in favor of overriding in each House. Furthermore, it has the power to propose New York Constitution 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.[ citation needed ]

History

The Legislature originated in the revolutionary New York Provincial Congress, assembled by rebels when the Provincial Legislature would not send delegates to the Continental Congress.[ citation needed ]

The legislature's history of corruption includes the so-called Black Horse Cavalry and the Erie War.[ citation needed ]

In the 1840s, New York launched the first great wave of civil procedure reform in the United States by enacting the Field Code. 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.[ citation needed ]

The first African-American elected to the legislature was Edward A. Johnson, a Republican, in 1917. [15] The first women elected to the legislature were Republican Ida Sammis and Democrat Mary Lilly, both in 1919. [16] The first African-American woman elected to the legislature was Bessie A. Buchanan in 1955. [17]

Five assemblymen were expelled in 1920 for belonging to the Socialist Party. [18]

Legislative leadership

New York State Senate

New York State Assembly

See also

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<i>Laws of New York</i>

Laws of the State of New York is the annual periodical containing the session laws of the New York State Legislature, i.e., "chapter laws", bills that become law which have been assigned a chapter number in the office of the legislative secretary to the governor, and printed in chronological order. Laws are usually cited in the form of "Chapter X of the Laws of YYYY" or "L. YYYY, c. X", where X is the chapter number and YYYY is the year.

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 the documents of the Legislature. It is composed of two commissioners.

176th New York State Legislature

The 176th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to July 6, 1966, during the eighth year of Nelson Rockefeller's governorship, in Albany.

177th New York State Legislature

The 177th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4, 1967, to May 25, 1968, during the ninth and tenth years of Nelson Rockefeller's governorship, in Albany.

References

  1. https://www.dos.ny.gov/info/constitution.htm New York State Constitution
  2. 1 2 Gibson, Ellen M.; Manz, William H. (2004). Gibson's New York Legal Research Guide (PDF) (3rd ed.). Wm. S. Hein Publishing. p. 30. ISBN   1-57588-728-2. LCCN   2004042477. OCLC   54455036.
  3. Gibson & Manz 2004, pp. 47–48.
  4. Gibson & Manz 2004, pp. 56–57.
  5. Warren, Olivia A. "A House Divided in Washington Heights". Gotham Gazette.
  6. "Everything You Need to Know About New York's Primary Election on Thursday". Vogue.
  7. https://www.dos.ny.gov/info/constitution.htm New York State Constitution, Article III, Section VII
  8. McKinley, Jesse (24 February 2014). "What Is a Majority Vote in the State Senate? The Answer Goes Beyond Simple Math". The New York Times .
  9. Gershman, Jacob (25 November 2009). "NY's bloated Legislature". New York Post .
  10. Legislative Law § 25
  11. Kallos, Ben (9 June 2014). "Set the Law Free, Say Council Members Lander, Vacca, Kallos: Legislation to Put Law Online for Free Instead of Behind Paid Subscriptions" (Press release). Retrieved 12 June 2014.
  12. Legislative Law § 24
  13. "History made: Andrea Stewart-Cousins sworn in as NY Senate leader". lohud.com.
  14. Klepper, David; Carola, Chris (January 9, 2019). "Democrat-controlled NY state Legislature starts 2019 session". AP NEWS.
  15. "Edward A. Johnson (Edward Austin), 1860-1944". docsouth.unc.edu.
  16. "Early Women Elected to the NYS Legislature". Archived from the original on January 28, 2010.
  17. Jessie Carney Smith, ed. (1996). Notable Black American Women. 2. Detroit Michigan: Gale Research Inc. pp. 73–75. ISBN   0-8103-9177-5 . Retrieved 8 March 2010.
  18. Confessore, Nicholas (2009-10-21). "When the Assembly Expelled Socialists for Disloyalty". New York Times (blog).

Further reading