The Journey Of A Bill To Law In New York

The process of a bill becoming a law in New York involves several steps, and the duration can vary depending on various factors. The first step is for someone to propose a new policy idea, which can come from senators, their constituents, organisations, or state officials. Once an idea is finalised, it is drafted into a bill by specialised legal professionals. The bill then undergoes a committee process, where it is introduced, discussed, and either reported, amended, or rejected. If the bill passes this stage, it goes to the Senate and Assembly for a vote. If approved by both, the bill is sent to the Governor for signature. The Governor has 10 days to sign or veto the bill, and their failure to act within this period results in the bill automatically becoming a law. However, if vetoed, the bill can still become a law if two-thirds of the members of each house vote to override the Governor's decision.

The legislative process

The legislative term in New York consists of two legislative sessions. Bills that are introduced in the first session but do not pass are automatically reintroduced in the second session as "carryover bills". Bills that do not pass during a legislative term do not carry over to the next legislature. Bills can be introduced in either house ("one-house bills") or jointly by a sponsor from each house ("uni-bills"). Uni-bills are usually given serious consideration. The executive budget is submitted in bill form by the governor. Each bill sponsor is required to file an "introducer's memorandum", which sets forth the intent of the proposed legislation. Before being introduced, a bill is deposited with the Revision Clerk in each house, who works with the Legislative Bill Drafting Commission to proofread the bill and assign it a number and official introduction date. The text of the bill is usually available within 24 hours of introduction on the New York State Legislature website.

Once a bill has been proofread, assigned a number, and introduced, it is referred to the appropriate standing committee for study. The committee will usually hold public hearings to gather a range of opinions. After consideration, the committee may amend the bill, report it to the full house, or reject it. Unlike the U.S. Congress' standing committees, New York State legislative standing committees do not issue written reports when a bill advances out of committee. Each bill must be in printed form on the members' desks for three legislative days before it can be voted on, unless the Governor sends a "Message of Necessity" which is accepted by both houses. A bill can be amended either in committee or by the full house. When a bill is amended, a letter is added to the bill number to indicate the number of amendments. For example, Senate bill S205 becomes S205-A after one amendment, and S205-B after the second amendment.

After a bill passes both houses, the presiding officer of each house certifies the passage. The house of origin will engross the bill by affixing certifications of passage and enclosing it in a "bill jacket", which includes opinions from interested parties and the governor's approval or veto memorandum. The engrossed bill is then transmitted to the governor's office. The governor has ten days to act on a bill passed by the legislature before the last ten days of its session ("ten-day" bills). For bills passed during the last ten days of the session ("thirty-day" bills), the governor has thirty days to act. The governor may consult opinions from interested parties before deciding whether to sign, veto, or take no action on the bill. If the governor vetoes the bill, they are required to explain their rationale in a veto memorandum unless the bill is "pocket vetoed". A vetoed bill can become law if two-thirds of the members of each house vote to override the veto. "Ten-day" bills automatically become law if the governor takes no action within the ten-day period. "Thirty-day" bills are "pocket vetoed" and do not become law if not signed within the thirty-day limit. Bills that become law are assigned a chapter number and are called "chapter laws".

Bill drafting

The legislative process begins with a new policy idea. Senators often come up with these ideas, but they can also come from constituents, organisations, or state officials. 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. This requires specialised legal training and is usually carried out by the staff of New York State's Legislative Bill Drafting Commission. The Legislative Bill Drafting Commission works with other government agencies and advisory committees, such as the Law Revision Commission and the Advisory Committee on Civil Practice, to assist legislators with bill drafting.

Before being introduced, a bill is deposited with the Revision Clerk in each house, who works closely with the Legislative Bill Drafting Commission to proofread the bill and assign 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. Each bill's sponsor is required to file an "introducer's memorandum", which sets forth the intent of the proposed legislation.

Bills may be introduced in either house (called "one-house bills") or jointly by a sponsor from each house (called "uni-bills"). Uni-bills are usually given serious consideration. The executive budget is also submitted in bill form by the governor. Bills that are introduced in the first session of a legislature but do not pass during the first session are automatically reintroduced in the second session as the same bill with the same bill number. These are called "carryover bills". Bills that do not pass during a legislative term do not carry over to the next legislature.

Legislation desired by the executive branch is introduced by a legislator or by a standing committee, such as the Rules Committee, as "departmental bills". These bills usually carry the name of the department after the name of the sponsor(s) in the bill caption. "Governor's bills", or "program bills", are drafted and introduced to implement the legislative program set forth in the governor's annual message, also known as the State of the State message. "Private bills" are introduced for the benefit of an individual or a small group of individuals, as opposed to "public bills", which have general application. A "special bill" is a law that applies to one or more, but not all, counties, cities, towns, or villages.

Committee process

The first step in the committee process is to introduce a bill to a committee. Bills are generally only 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.

Once introduced, a bill is given a number and sent to the appropriate standing committee. Members of Standing Committees evaluate bills and decide whether to "report" them (send them) to the Senate floor for a final decision by the full membership. A committee agenda is issued each week, listing the bills and issues each Senate committee will handle the following week.

Committees often hold public hearings on bills to gather the widest possible range of opinions. Citizens can share their opinions on a proposed bill with their Senate representative for relay to the committee members. The committee system acts as a funnel through which a large number of bills must pass before they can be considered. The system also acts as a sieve to sift out undesirable or unworkable ideas.

After consideration, the committee may report the bill to the full Senate for consideration, it may amend the bill, or it may reject it. If the bill is reported to the full Senate, it is referred to a committee for discussion, and if approved, it goes to the full membership for a vote.

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. The reverse procedure is followed if the Assembly first passes a bill identical to a Senate measure or if the Senate amends an Assembly bill.

Senate and Assembly approval

The legislative power of the state of New York is vested in the Senate and Assembly, according to Article III, § 1 of the New York State Constitution. The Senate and Assembly work together with the Governor to enact, amend, or repeal statutes that make up the body of laws by which the state is governed. This involves drafting, discussing, and approving bills and resolutions.

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 staff with specialised legal training, usually from the 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 ideas for legislation in bill form.

Bills are introduced in either house (called "one-house bills"), or jointly by a sponsor from each house (called "uni-bills"). Uni-bills are usually given serious consideration. Each bill has a sponsor who is required to file an "introducer's memorandum", which sets out the intent of the proposed legislation.

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.

After introduction, a bill goes to the Introduction and Revision Office, is given a number, and is sent to the appropriate standing committee. Members of Standing Committees evaluate bills and decide whether to "report" them (send them) to the Senate floor for a final decision by the full membership. A committee agenda is issued each week, listing the bills and issues each Senate committee will handle the following week.

Committees often hold public hearings on bills to gather the widest possible range of opinions. Citizens can share their opinions on a proposed bill with their Senate representative for relay to the committee members. After consideration, the committee may report the bill to the full Senate for consideration, it may amend the bill, or it may reject it.

After explanation, discussion, or debate, a vote is taken. If a majority of the Senators approves, the bill is sent to the Assembly. It is referred to a committee for discussion, and if approved there, it goes to the full membership for a vote. 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.

The legislative process in New York is designed to ensure full citizen participation and allow for a wide range of input and ideas from various sources. This collaborative effort between the Senate, Assembly, and the Governor is a critical step in turning a bill into a law that governs the state.

Governor's signature

The Governor plays a crucial role in the legislative process in New York. Once a bill has been approved by both the Senate and the Assembly, it is delivered to the Governor for their signature. This is the final step in the process of a bill becoming a law.

Timeframe

The Governor has a limited timeframe in which to act on a bill. While the Legislature is in session, the Governor has 10 days (not counting Sundays) to sign or veto the bill. If the Legislature is out of session, the Governor has 30 days to make a decision.

Signing a Bill

If the Governor signs the bill, it becomes law. The Governor can also allow the bill to become law without their signature.

Vetoing a Bill

The Governor may choose to veto (or reject) a bill. In this case, the bill is returned to the house that first passed it, along with a statement outlining the reasons for the veto. However, a veto can be overridden if at least two-thirds of the members of each house vote in favour of the bill.

Pocket Veto

If the Governor takes no action on a bill within the given timeframe, this is known as a "pocket veto". The effect of a pocket veto is the same as a regular veto. If the Legislature is in session, a pocket veto has the same effect as the Governor signing the bill—it becomes law. If the Legislature is out of session, a pocket veto has the same effect as a regular veto, and the bill does not become law.

Frequently asked questions