Frequently Asked Questions
Top 4 Questions Asked
1. How can I
find the Session Calendar and the Public Hearings Calendar?
A.
The "Calendars" link at the top of the Senate home page (and this page,
too) will show a listing of NY Senate calendars, including the Live
Video calendar, Session calendar, Committee Meetings calendar, Public
Hearings calendar, and the Floor calendar.
2. How do I determine
which Senators are on a particular committee?
A.
Clicking the "Committees" link at the top of the Senate home page (and
this page, too) will open a listing of NY Senate committees, task
forces, and other entities. Each name is linked to its respective home
page, on which lists its members.
3. How do I determine who
is my Senator?
A.
Near the top of the Senate home page (and this page, too), there's a
"Find My Senator" section. Enter your street address & zip code
in the appropriate boxes, and then click Submit.
4. How can I
obtain a copy of a Senate bill?
A.
At the top of the Senate home page (and this page, too), there's a
"Legislation" link, which will take you to a page where you can browse,
search, and share legislative information from the New York State
Senate. If your having trouble finding a bill be sure to
check out the advanced
search.
Who's Who
1. How many
members are there in the New York State Senate and Assembly?
The State Senate has 62 members. The State Assembly has 150 members.
2. Who are the
"Legislative Leaders?"
The Legislative Leaders are the Temporary President of the Senate (the
Senate Majority Leader), Assembly Speaker, Assembly Majority Leader,
Senate and Assembly Minority Leaders, Senate Finance Committee
Chairperson, and Assembly Ways and Means Committee Chairperson.
3. Who are the presiding
officers in the Senate and Assembly?
The Lieutenant Governor is the President of the Senate and its
presiding officer and has a casting vote only. The Speaker is the
presiding officer in the Assembly and the leader of that house.
4. Who is the Temporary
President and Majority Leader of the Senate?
Dean G. Skelos, Republican representing the 9th District (Parts of
Nassau County), in November 2010 Senator Skelos was re-elected to serve
his fourteenth term in the New York State Senate, and was elected
Majority Leader in 2011.
5. What are the major
duties of the Temporary President of the Senate?
In addition to being Majority Leader, the Temporary President is first
in line after the Lieutenant Governor to succeed to the governorship.
The Temporary President is also chairperson of the Rules Committee,
appoints Senate committee chairpersons and members and is an ex-officio
member of all committees and temporary state commissions.
6. Who is the Minority
Leader of the Senate?
John L. Sampson, Democrat representing the 19th District
, which encompasses Canarsie, East Flatbush, Parts of
Brownsville, Crown Heights, East New York, portions of Old Mill Basin,
Spring Creek Towers, and parts of Midwood and Kensington in Brooklyn..
7. Who is the Speaker of
the Assembly?
Sheldon Silver, Democrat representing the 62nd District (Part of New
York County), was elected to the Assembly in 1976 and was elected
Speaker in 1994.
8. What are the major
duties of the Speaker of the Assembly?
In addition to presiding, the Speaker of the Assembly appoints Assembly
committee chairpersons and members and is chairperson of the Rules
Committee. The Speaker is an ex-officio member of all legislative
committees and temporary state commissions. The Speaker is third in
line to the governorship.
9. How are the principal
leaders of the two houses chosen?
The Majority Leader in the Senate is elected by the members in the
Senate. The Speaker of the Assembly is elected by the members of that
house. Normally, their elections are by "party votes."
10. Who is the Majority
Leader of the Assembly?
Ron Canestrari, Democrat representing the 106th District (Parts of
Albany, Rensselaer, and Saratoga Counties), was first elected to the
Assembly in 1988 and appointed Majority Leader in 2007 by the Speaker
of the Assembly. The Majority Leader's principal duties include being
the floor leader, overseeing debates and setting the daily agenda.
11. Who is the Minority
Leader of the Assembly?
Brian Kolb, Republican representing the 129th District (Cayuga,
Onondaga, Ontario and Seneca counties), was first elected to the
Assembly in 2000. He succeeded James Tedisco and became Minority Leader
in April 2009.
12. How are the Minority
Leaders chosen?
The Minority Leaders are chosen by the members of their respective
parties in each house.
13. What are the major
duties of the Minority Leaders?
The Minority Leaders are ex-officio members of all legislative
committees and temporary state commissions. They have the right to make
the last speech for their parties in debate. They recommend minority
appointments to all standing committees and joint legislative
committees.
14. What basic
qualifications for Legislators are required by the State Constitution?
The State Constitution requires that Legislators are citizens of the
United States, at least 18 years of age, residents of New York State
for five years, and residents for 12 months of the Assembly or Senate
district which they represent, except immediately after a
reapportionment.
15. What are the
occupational backgrounds of the State Legislators?
Occupations of Legislators include, but are not limited to: the
military, law, secretary, teacher, businessperson, attorney, union
representative, journalist, farmer, public agency administrator,
geoscientist, court reporter, mortician, youth counselor, photographer,
real estate developer, printer and city clerk.
16. How many State
Legislatures have convened up to the present time?
2009 is the 232nd session of the Legislature.
How It Works
1. How often
does the New York State Legislature meet?
The Legislature meets every year, typically for several days a week
from January through mid-June and at the call of the Legislative
leaders at other times during the year.
2. Does the Legislature
ever meet at any time other than in regular session?
The Governor may call the Legislature into extraordinary session for a
limited agenda which is identified by the Governor.
3. How long do State
Legislators serve?
Both Senators and Assembly members are elected on even numbered years
for two-year terms. In a 1964 federal court order, issued pursuant to a
reapportionment case, legislators elected in 1964 and 1965 were limited
to one-year terms, but two-year terms commenced again with the 1966
election.
4. What types of
committees exist in the State Legislature?
The types of committees used in New York include:
1) Joint Legislative Committees which operate year-round and have
members from both houses; and
2) Standing Committees organized in each house to operate during the
session. Some Senate and Assembly Standing Committees operate
year-round as well.
5. How many Standing
Committees are there in each house?
There are presently 32 Standing Committees in the Senate and 41 in the
Assembly. The size of a Standing Committee and the total number of
these committees are determined by the rules of each house. All bills
must be referred to a committee.
6. In what areas are
Standing Committees organized?
The Standing Committees in both houses are organized by topic. They
include, but are not limited to: Aging; Agriculture; Banks, Cities;
Codes; Education; Health; Insurance; Judiciary; Labor; and
Transportation.
7. How are assignments to
committees made?
Appointments to committees are made by the Temporary President in the
Senate and by the Speaker in the Assembly. An appointment of a
chairperson is usually based on seniority, experience and special
knowledge.
8. Can Standing
Committees hold public hearings on bills referred to them?
All Standing Committees may hold public hearings. Assembly rules
require that not less than two days notice of such hearings be given,
and the Senate rules require five days notice.
9. How are Joint
Legislative Committees created?
Joint Legislative Committees are set up by a concurrent resolution
approved by both houses. The resolution specifies the specific areas
for committee study.
Passing Laws
1. How does an
idea become a law?
Click this link to
learn how laws are made...
2. Is it necessary for a
bill to be introduced in both houses?
No, a bill does not have to be introduced in both houses before it can
become law. However, many bills are simultaneously introduced in both
houses using a special "uni-bill" process so that committees of each
house may begin work on them and provide informed support in each
house. Bills do have to be voted on by both houses and signed by the
Governor before becoming law.
3. How many votes are
needed to pass a bill in New York State?
According to the State Constitution, a bill cannot become law "except
by the assent of a majority of the members elected to each branch of
the Legislature."
4. Must the Governor act
on all bills passed by the Legislature?
Bills passed before the last 10 days of the legislative session
automatically become law if not signed or vetoed by the Governor within
10 days after receiving them. After that, bills become law only if
signed by the Governor within 30 days of adjournment.
5. How many votes are
necessary to repass a vetoed bill?
A bill vetoed by the Governor cannot become law unless it is repassed
by two-thirds of the members elected to each house.
6. Does the Legislature
prepare the State Budget?
No. The Governor must present it to the Legislature annually in the
middle of January.
Did You Know
1. How many
State Legislators have served as Governor of New York?
31 New York State Legislators became governors, including David
Paterson, George E. Pataki, George Clinton and John Jay.
2. How many State
Legislators have served as United States Senator from New York?
Since 1900, five U.S. Senators from New York have previously served in
the State Legislature. James Wadsworth, Jr., James Mead, Irving Ives
and Charles E. Schumer served in the Assembly; Robert Wagner, Sr. was
elected to both the State Senate and Assembly.
3. How many New York
State Legislators have become President of the United States?
Four New York Legislators subsequently became President: Martin Van
Buren, Millard Fillmore, Theodore Roosevelt and Franklin D. Roosevelt.
Text Source:
Mary Ann Ryan-Germani, The
New York Red Book, (New York: New York Legal Publishing
Corp., 2001); New York State Legislature, 100 Questions and Answers About
the New York State Legislature, (Albany, New York State
Legislature, 1976).
Branches of Government in New York State
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Legislative Branch
The Legislature is the lawmaking branch of state government.
It is a bicameral, or two-house, body composed of the Senate and the
Assembly. The Constitution authorizes a Senate of varying number,
currently 62 members, and an Assembly of 150 members, who are elected
from districts throughout the State for two-year terms. Each member of
the Legislature must be a United States citizen, a resident of the
State for five years and, in most cases, of the Senate or Assembly
district for one year preceding the election.
The Lieutenant Governor is the Senate's President. In this largely
ceremonial capacity,the Lieutenant Governor presides over the Senate
during the legislative session and has a rarely used casting vote to
break ties in measures before the house.
After each election, the Senate elects from among its members a
Temporary President who serves a two-year term. Traditionally, the
Temporary President is the ranking Senator of the majority political
party in the house -- the Majority Leader. It is the duty of the
Temporary President to direct and guide the business of the Senate,
appoint Senate committees, name Senate employees and perform or
delegate to another Senator the duties of the President during the
Lieutenant Governor's absence from the Senate Chamber.
The Assembly is presided over by the Speaker, who is elected from and
by the Assembly membership for a two-year term. In addition to his/her
duties as presiding officer, the Speaker possesses general powers
similar to those of the Temporary President of the Senate.
The Temporary President and then the Speaker are next in line to the
Lieutenant Governor in succession to the governorship.
The powers that the Constitution reserves for the Legislature are
varied and extensive. The most important is that which permits the
Senate and Assembly to propose laws, within the limits of the Federal
Constitution and certain Federal statutes and treaties. These laws
first take the form of bills, which may be introduced in either house.
A bill passed by one house must be passed in the same form by the other
before it can be sent to the Governor for his signature or veto.
The lawmaking powers of the Legislature include: the appropriation of
funds for the operation of state government and its agencies and for
aid to local governments; the definition of acts or omissions that
constitute crimes and the setting of penalties; the promotion of the
public welfare, including that of the State's indigent, mentally ill
and unemployed; and the correction, clarification, amendment or repeal
of laws that are outdated or confusing.
The Senate and Assembly have several additional powers that are
reserved solely for them in the Constitution. An important weapon in
legislative battle is the override of a Governor's veto. The
Legislature can approve a law despite a veto by the Governor with the
support of two-thirds of the membership in each house. However, the
most common lawmaking procedure is the result of compromise among the
Senate, the Assembly and the Governor.
The Senate alone has the power to confirm the Governor's appointment on
non-elected state officials and court judges. The Constitution provides
that such appointments are subject to the advice and consent of the
Senate, which approves or disapproves them, after hearings on the
candidate's qualifications.
The Legislature, through its varied functions, serves as a check upon
the executive authority of the Governor and helps ensure that the best
interests of the State's citizens are legislatively represented.
Executive Branch
The Executive Branch is headed by the Governor, who is elected for a
term of four years. The Governor, who must be at least 30 years old, a
citizen of the United States and a resident of New York for five years,
serves as the State's chief executive and Commander-in-Chief of its
military and naval forces. He is required by the Constitution to submit
a yearly State Budget to the Legislature, in which he makes
recommendations for legislation and proposes funding appropriations for
departments and programs. The Governor also is empowered to: veto
legislative bills with which he disagrees; convene the Legislature for
special sessions; appoint and, under certain conditions, remove
non-elected state officers; and grant reprieves, commutations and
pardons.
The Lieutenant Governor is elected for the same term and must possess
the same qualifications for office as the Governor. The Lieutenant
Governor's main function is to serve as President of the State Senate,
but he/she assumes the governorship in case of impeachment,
resignation, absence or death of the Governor. The Lieutenant
Governor's executive duties are designated by the Governor and may
include the chairing of state councils.
The State Comptroller and the Attorney General are the other two
elected officials who serve in the Executive Branch. The Comptroller is
the chief fiscal officer of the State and serves as the administrative
head of the Department of Audit and Control. The Attorney General, as
the State's chief legal officer, is responsible for the prosecution of
all actions for or against the State, has control of the legal affairs
of state officers and departments and serves as the head of the
Department of Law.
New York State's governmental activities are run by several departments
of the Executive Branch. Three of the departments are supervised by
elected officials -- the Governor, the Comptroller and the Attorney
General. The heads of the remaining departments, who each coordinate
policy and activities for a specific concern, are generally appointed
by the Governor with the advice and consent of the Senate. The
principal exception is the Commissioner of Education, who is selected
by the Regents of the University of the State of New York.
The Executive Branch is characterized by a strong Governor, with
certain powers over appointments and the budget. However, executive
authority is restricted by the independently appointed and elected
officials.
Judicial Branch
The State Constitution defines the organization and jurisdiction of New
York State's unified court system, which has grown to become one of the
busiest and most complex in the world. The judicial system
approximately consists of full-time judges, part-time judges and
non-judicial employees.
The Chief Judge of the Court of Appeals is the chief judicial officer
of the State. The Chief Judge serves as the chairman of the
Administrative Board of the Courts, which consists of the Presiding
Justices of the four Appellate Divisions of the Supreme Court. The
Administrative Board, under the leadership of the Chief Judge,
establishes statewide administrative standards and policies for the
court system.
The structure of the State's court system is based upon the cases each
court is empowered to adjudicate. The three main classifications of
courts in the State are the Appellate Courts, Trial Courts of Superior
Jurisdiction and Trial Courts of Lesser Jurisdiction. The trial courts
are those with original jurisdiction. They are empowered to hear the
initial case in most court proceedings. The appellate courts hear
appeals of the decisions from other tribunals in the state.
The Court of Appeals is the State's highest court. It comprises the
Chief Judge and six associate judges who are appointed by the Governor
for 14-year terms from recommendations by the Commission on Judicial
Nomination and with the advice and consent of the Senate. The Court
hears cases on appeal from the other appellate courts and, in some
instances, from the courts of original jurisdiction. Its review is
generally limited to questions of law.
There are four Appellate Divisions of the Supreme Court, one in each of
the State's four judicial departments. These departments include all of
the eleven judicial districts that divide the State. There are seven
appellate justices in both the First and Second Departments, and five
in both the Third and Fourth, who are designated by the Governor from
among Supreme Court justices to serve five-year terms. In the first two
departments, appellate courts hear appeals in criminal and civil cases
originating in the Criminal and Civil Courts of the City of New York
and in county, district, city, town and village courts. In the Third
and Fourth Departments, appeals from city, town and village courts are
heard in the appropriate county court.
The Supreme Court, which functions in each of the eleven judicial
districts, is a court of unlimited jurisdiction. However, it usually
hears only cases outside the authority of other courts, such as civil
cases over $10,000. It generally limits its civil jurisdiction to
statewide cases while, in New York City and certain other parts of the
State, it also adjudicates felony cases.
The Court of Claims, whose judges are appointed by the Governor to
serve nine-year terms, is a statewide court whose main jurisdiction is
over claims for money damages involving the State and a claimant, or
two conflicting claimants. Certain judges serving the Court of Claims
also are empowered to adjudicate other civil and criminal matters that
would normally come before the Supreme Court.
There are four courts of lesser jurisdiction outside New York City --
District, City, Town and Village Courts -- that handle minor civil and
criminal matters.
The complex structure of the State's court system is a reflection of
the varied objectives that the Judiciary strives to realize. The
Judicial Branch is empowered to: provide a forum for the peaceful, fair
and prompt resolution of civil claims, family disputes, criminal
charges, juvenile delinquency charges, disputes between citizens and
their government and challenges to government actions; determine the
legality of wills, adoptions, divorces and other disputed matters;
provide legal protection for children, the mentally ill and others
entitled to the special protection of the court; regulate the admission
of lawyers to the bar and their legal conduct, and review
administrative determinations to admonish, censure or remove judges or
justices.
The Judicial Branch serves as the enforcement body for the bills that
are passed by the Legislature and signed into law by the Governor. It
is the duty of the court to determine the practical application and to
decide the constitutionality of laws that are already in effect. This
is often a complex and challenging task, but the court system is
organized to best meet the varied legal needs of all the State's
citizens.
Sources: New York State Senate, A
Guide to New York State's Government (Albany, New York
State Senate, 1988)
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