New York State Senate Republican Campaign Committee

How is the Senate Involved in Creating Law?

The Senate is an important part of a three-way legislative process. The only branch of government that can introduce bills that become law is the New York State Legislature. The Senate has 62 members with the Republicans currently having 35 seats.

The New York State Senate was adopted under the State's first Constitution in 1777. It consisted of 24 members which were elected for four-year terms from four great districts.

The two-year Senatorial term was established in 1846 when the Constitution of that year divided the State into 32 Senatorial districts and provided for the election of one Senator from each district. In 1894 the constitution was amended to increase the Senatorial districts from 32 to 50.

Between 1943 and 2002, 12 more Senatorial districts were added creating the current 62 member Senate. Currently each Senate seat is up for re-election every 2 years.

In addition to passing legislative proposals and constitutional amendments, the Senate confirms or rejects nominations made by the Governor for the filling of certain State and judicial offices. At times the Senate can sit as a court of impeachment, and can be convened in extraordinary session to perform either of these latter functions. The Lieutenant Governor while not a member of the Senate, is its President and presiding officer but, by constitutional enactment, has only a casting vote therein. The Majority Leader is also the Temporary President, presides in the absence of the Lieutenant Governor and is next in line to the Lieutenant Governor in succession to the governorship.

What is the Assembly?

The Assembly is the lower house of the Legislative branch. The Assembly has 150 members, and dominated by the Democrats.

The State Constitution created the first Assembly, which was composed of seventy members from the existing fourteen counties of the State. In 1801, a Constitutional amendment was adopted making the membership fixed at 100 members. Between 1808 and 1894 the Constitution of that year increased the membership to 150, which continues to be the membership today. Similar to the Senate, Assembly members are elected in even years for two year terms. Vacancies are filled by special election.

In the Assembly, the presiding officer is the speaker. He or she is, elected by the members, upon the nomination of the majority party. The speaker directs the course of business, rules on procedure, and certifies the passage of bills. The speaker may leave the chair to debate on any measure, and may vote but is not required to do so except to break a tie.

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.