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 so ...
of
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
: the
New York State Senate The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term l ...
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 Ass ...
. The
Constitution of New York 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 constituti ...
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 is an example of session la ...
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 hav ...
''. 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 calle ...
''. , the Democratic Party holds
supermajorities A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fund ...
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 Constit ...
, 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 A single-member district or constituency is an electoral district represented by a single officeholder. It contrasts with a multi-member district, which is represented by multiple officeholders. In some countries, such as Australia and India ...
. The New York Constitution allows the number of Senate seats to vary; , the Senate had 63 seats.


Leaders

The Assembly is headed by the speaker, while the Senate is headed by the president, a post held ''
ex officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by r ...
'' 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 ...
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 maintai ...
(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 hav ...
''. 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 is an American politician from the state of New York and a member of the New York City Council. A Democratic Party (United States), Democrat, Felder represented the New York City's 44th City Council district, 44th district in the ...
was re-accepted into the Conference.


Constitutional powers

The Legislature is empowered to make law, subject to the governor's power to
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...
a bill. However, the veto may be overridden by the Legislature if there is a
two-thirds vote A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fun ...
in favor of overriding in each House. Furthermore, it has the power to propose New York Constitution amendments by a
majority vote A majority is more than half of a total; however, the term is commonly used with other meanings, as explained in the "#Related terms, Related terms" section below. It is a subset of a Set (mathematics), set consisting of more than half of the se ...
, 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, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
.


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 Parliamentary sovereignty, supreme Legislature, legislative body of the Province of New York d ...
would not send delegates to the
Continental Congress The Continental Congress was a series of legislature, legislative bodies, with some executive function, for the Thirteen Colonies of British America, Great Britain in North America, and the newly declared United States before, during, and after ...
. The New York State Legislature has had several corruption scandals during its existence. These include the Black Horse Cavalry and Canal Ring. 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 regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
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 the enactment of similar codes in 26 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, a Republican, in 1917. The first women elected to the legislature were Republican Ida Sammis and Democrat Mary Lilly, 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 th ...
. In 2008, when the U.S. Supreme Court reluctantly affirmed the constitutionality of a statute enacted by the New York legislature, Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
wrote in a
concurring opinion In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the bas ...
: " I recall my esteemed former colleague,
Thurgood Marshall Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme C ...
, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws. 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. Since January 1, 2025, lawmakers are subject to a limit on outside income set to $35,000. Republican members of both chambers were expected to be majorly impacted by the rule and sued to block it, but
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
justice Alison Napolitano upheld the limit. It is unclear how the rule will be enforced, roughly 26 assemblymembers and 12 senators would likely have to resign or forfeit their outside income to remain in office.


Legislative leadership


New York State Senate

*President of the Senate: Antonio Delgado *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: Rob Ortt


New York State Assembly

*Speaker of the Assembly: Carl Heastie *Majority leader of the Assembly:
Crystal Peoples-Stokes Crystal Davis Peoples-Stokes (born December 22, 1951) is an American politician representing Assembly District 141, which includes the city of Buffalo within Erie County, New York. She is currently the Majority Leader of the New York State Assemb ...
*Minority leader of the Assembly: William A. Barclay


See also

* George G. Barnard * '' Gibbons v. Ogden'' * The Frawley committee * The Hepburn Committee * List of New York Legislature members expelled or censured * List of New York State legislatures *
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 Ass ...
*
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 nonprofi ...
*
New York State Senate The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term l ...


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 maintai ...

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