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New York State Legislature | |
|---|---|
.svg) | |
| Type | |
| Type | |
| Houses | Senate Assembly |
| History | |
| Preceded by | General Assembly of New York |
| Leadership | |
| Structure | |
| Seats | 213 |
 | |
Political groups | Majority caucus
Minority caucus
|
 | |
Political groups | Majority caucus
Minority caucus
|
| Salary | $142,000/year + per diem |
| Elections | |
Last election | November 8, 2022 |
Next election | November 3, 2026 |
| Meeting place | |
 | |
| New York State Capitol Albany | |
| Website | |
| public | |
TheNew York State Legislature consists of thetwo houses that act as thestate legislature of theU.S. state ofNew York: theNew York State Senate and theNew York State Assembly. TheConstitution of New York 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".[1]Session laws passed by the Legislature are published in the officialLaws of New York.[2][3] Permanent New York laws of a general nature arecodified in theConsolidated Laws of New York.[2][4] As of 2025[update], theDemocratic Party holdsmajorities 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.[5] Both Assembly members and Senators serve two-year terms.[6]
In order to be a member of either house, one must be acitizen 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 asingle-member district. The New York Constitution allows the number of Senate seats to vary; as of 2014[update], the Senate had 63 seats.[8]
The Assembly is headed by thespeaker, while the Senate is headed by the president, a post heldex officio by thestate lieutenant governor. the lieutenant governor, as president of the Senate, has only a tie-breaking "casting vote". More often, the Senate is presided over by the temporary president,[9] or by a senator of the majority leader's choosing.[citation needed]
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 thegovernor of New York control most of the agenda of state business in New York.[citation needed]
TheLegislative 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 theLaws of New York.[10][11] The LBDC consists of two commissioners, the commissioner for administration and the commissioner for operations, each appointed jointly by thetemporary president of the Senate and the speaker of the Assembly.[12]
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] The Senate Democratic Conference increased to 40 seats after Democratic senatorSimcha Felder was re-accepted into the Conference.[15]
The Legislature is empowered to make law, subject to thegovernor's power toveto a bill. However, the veto may be overridden by the Legislature if there is atwo-thirds vote in favor of overriding in each House. Furthermore, it has the power to proposeNew York Constitution amendments by amajority vote, and then another majority vote following an election. If so proposed, the amendment becomes valid if agreed to by the voters at areferendum.[citation needed]
The legislature originated in the revolutionaryNew York Provincial Congress, assembled by rebels when theNew York General Assembly would not send delegates to theContinental Congress.[citation needed]
The New York State Legislature has had several corruption scandals during its existence. These include theBlack Horse Cavalry andCanal Ring.[16][17]
In the 1840s, New York launched the first great wave ofcivil procedure reform in the United States by enacting theField Code. 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.[18]
The first African-American elected to the legislature wasEdward A. Johnson, a Republican, in 1917.[19] The first women elected to the legislature were RepublicanIda Sammis and DemocratMary Lilly, both in 1919.[20] The first African-American woman elected to the legislature wasBessie A. Buchanan in 1955.[21]
Five assemblymen were expelled in 1920 for belonging to theSocialist Party.[22]
In 2008, when the U.S. Supreme Court reluctantly affirmed the constitutionality of a statute enacted by the New York legislature, JusticeJohn Paul Stevens wrote in aconcurring opinion: "[A]s I recall my esteemed former colleague,Thurgood Marshall, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws.'"[23]
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.[24]
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, butNew York Supreme Court justice Alison Napolitano upheld the limit.[25] 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.[26]
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