The legislative process in New York State is unique in that it allows for full citizen participation in the law-making process. Anyone can come up with an idea for a new law, and all citizens can make their views known to their state senators at any step of the process. Once an idea for a new law has been settled on, it must be drafted as a bill before it can be considered by the Senate. Bills are drafted by the staff of New York State's Legislative Bill Drafting Commission, or by an interest group's attorneys. They are then introduced and assigned a number, before being sent to a committee for discussion and review. If a majority of members on the committee support it, the bill is reported to the floor, and if not, it dies in committee. The bill then goes through a process of explanation, discussion, and debate, before a vote is taken. If a majority of senators approve, the bill is sent to the Assembly, where it goes through a similar process. If the bill is approved in the Assembly without amendment, it goes to the Governor, who has the power to sign the bill into law, veto it, or take no action.
Characteristics | Values |
---|---|
Step 1 | Someone has a new policy idea |
Step 2 | Idea is drafted into a Bill |
Step 3 | Bill undergoes committee process |
Step 4 | Senate and Assembly pass bill |
Step 5 | Bill is signed by Governor |
What You'll Learn
Anyone can propose a new law
Your proposed law starts as a "bill". A bill is a set of instructions for changing the language of the laws of New York. It must be drafted by someone with specialised legal training, usually the staff of New York State's Legislative Bill Drafting Commission. Sometimes, an interest group may have its own attorneys draft a bill, and lawyers working in state agencies and the executive branch often submit their ideas for legislation in bill form. Your bill can have many sponsors or just one, but it must pass both houses of the Legislature – the Assembly and the Senate. A bill will usually have separate Assembly and Senate sponsors.
Before a bill is passed by the Legislature, it will be examined and analysed by various committees (smaller groups of legislators). Once it is approved by the committees, it is put on a calendar so it can be voted on by the full membership of the Assembly or the Senate. In most cases, a simple majority is enough for a bill to pass. However, sometimes more than half of the members must vote "yes". A bill must pass both the Assembly and the Senate before the Governor can consider it.
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The idea is drafted into a bill
Once an idea for a new law has been settled on, it must be drafted as a bill before it can be considered by the New York State Senate. This process requires specialised legal training and is usually carried out by the staff of New York State's Legislative Bill Drafting Commission. The drafting process involves translating the idea into formal language. The bill is then introduced and assigned a number.
The bill is then printed and sent to the Introduction and Revision Office, where it is given a number and sent to the appropriate standing committee. Before being introduced, a bill is deposited with the Revision Clerk in each house, who works closely with the Legislative Bill Drafting Commission (LBDC) in proofreading the bill and assigning it a bill number and an official date of introduction. The text of the bill is usually available within 24 hours of introduction on the New York State Legislature website.
The bill is then introduced at a stated meeting and assigned to the appropriate committee for discussion and review. If a majority of members on the committee support it, the bill is "reported to the floor". If not, it is said to have ""died in committee". All bills requiring an expenditure of state funds must first be sent to the Ways and Means Committee to ensure the state can afford the cost of the bill. These bills won't reach the floor for a vote unless the expenditure is approved.
The final version of the bill is printed and must be on the Member's desk for at least three days before being voted on. The bill then reaches the floor for debate and a vote. If the bill passes the committee by a majority vote, it is then sent to the full council, where it will be considered and voted on at a stated meeting. The bill must again pass by a majority vote.
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The bill undergoes a committee process
Once a bill has been drafted, it is introduced to a committee for discussion and review. This is the first step in the committee process. Bills are generally introduced by legislators or by standing committees of the Senate and Assembly. The only exception is the Executive Budget, which is submitted directly by the Governor.
On introduction in the Senate, a bill goes to the Introduction and Revision Office, where it is assigned a number and sent to the appropriate standing committee. These committees are made up of smaller groups of legislators who examine and analyze the bill.
Committees often hold public hearings on bills to gather a wide range of opinions and feedback from citizens and other government entities who may be affected by the bill. Citizens can share their opinions on a proposed bill with their Senate representative, who will relay this to the committee members. The committee may then make amendments to the bill as a result of these hearings.
The committee system acts as a funnel and a sieve, allowing desirable and workable ideas to pass through to the next stage of the legislative process. After consideration, the committee may report the bill to the full Senate for further consideration, it may amend the bill, or it may reject it. If the committee supports the bill, it is "reported to the floor". If not, it is said to have "died in committee".
All bills requiring an expenditure of state funds must first be sent to the Ways and Means Committee, who will ensure that the state can afford the cost of the bill. These bills will not reach the floor for a vote unless the expenditure is approved by the Ways and Means Committee.
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The Senate and Assembly pass the bill
The legislative power of the state is vested in the Senate and Assembly, according to Article III, § 1 of the New York State Constitution. The bill must pass in both the Senate and the Assembly before it is sent to the Governor for consideration. A bill usually has a separate Assembly and Senate sponsor.
Before being passed by the Legislature, various committees (smaller groups of legislators) will examine and analyse the bill. Once it is approved by the committees, it is put on a calendar so it can be voted on by the full membership of the Assembly or the Senate. In most cases, a simple majority of members of the Senate and Assembly must approve the bill for it to pass. However, there are times when a bill needs more than half the members to vote "yes" for it to pass.
If the bill originates in and passes through the New York State Assembly, it is then sent on to the New York State Senate, where it goes through a similar process. Conversely, if a bill originates in and passes through the New York State Senate, it is then sent on to the New York State Assembly. If the bill is approved in the Assembly without amendment, it goes on to the Governor. However, if it is changed, it is returned to the Senate for concurrence in the amendments.
If both houses agree to pass a bill, it is then sent to the Governor for their signature. The Governor can either sign a bill or veto it. If the Governor vetoes a bill, it can still become a law when a two-thirds majority in both houses vote in favour of the bill. This is known as an "override".
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The Governor signs the bill
The Governor's signature is the final step in the process of a bill becoming a law in New York State. The Governor can sign the bill into law, or without taking any affirmative action, allow the bill to become law without their signature. However, the Governor also has the power to veto (or reject) the bill.
If the Governor chooses to veto a bill, this does not mean that it is dead in the water. A veto can be overridden if at least two-thirds of the legislators in the Assembly and the Senate agree with the bill. In this case, the bill can still become a law.
When the Governor receives a bill, they have a set time frame in which to make a decision. While the Legislature is in session, the Governor has 10 days (not counting Sundays) to sign or veto bills passed by both houses. If a bill is sent to the Governor when the Legislature is out of session, the Governor has 30 days to make a decision. If the Governor fails to act (a "pocket veto") within the time limit, the bill will automatically become law.
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Frequently asked questions
The process starts with a new policy idea. Senators often come up with these ideas, but they can also come from constituents, an organisation or a state official.
Once an idea for a new law has been agreed upon, it must be drafted as a bill before it can be considered by the Senate. This requires specialised legal training and is usually carried out by the staff of New York State's Legislative Bill Drafting Commission.
The bill undergoes a committee process. It is introduced to a committee, where members evaluate and discuss the bill. Committees often hold public hearings on bills to gather a wide range of opinions. After consideration, the committee may report the bill to the full Senate for further discussion and a vote.
If a majority of Senators approve the bill, it is sent to the Assembly, where it goes through a similar process of discussion and voting. If the bill is approved in the Assembly without amendment, it goes to the Governor. If it is changed, it is returned to the Senate for concurrence.