The  New York State
Assembly

The Assembly welcome page includes brief biographies of all 150 members. The history, rules, special reports, and other valuable information can be found here as well.

The New York  State Senate

The Senate home page contains brief biographies of all 61 senators. The history, rules, committies, legislative reports, and other pertinent information can be found here as well.

Legislative  Profile

This article provides a profile of one legislator, Senator Stephan Saland (R- Poughkeepsie). The dual roles of a legislator-making state policy and representing a district-are nicley illustrated here. 

Constituency service

A collection of video clips in which selected legislators'  discuss the many ways that they and their staff perform constient services.

The Great Incumbency Machine

This article looks at the many ways that lagislators' communicate with their constiuents. The methods by which legislators cultivate constituency support to win  election, according to the article, are examined.

Types of State Legislators

This table illustrates the differences among the three types of state legislators; professional, hybrid, and amateur. The New York legislature is perhaps the most professional among the 50 states.

How a  Bill Becomes 
a Law

A flow chart that delineates the standard path through which a bill becomes a law.

Assembly Standing Committees

Information pertaining to the membership, agendas, and commitees schedules can be found at the Assembly welcome page.

Senate Standing Committees

Information concerning the membership , agendas, schedules, and reports of  Senate committees can be found a the Senate home page.

Committees in the Legislature

A collection of video clips in which legislators'  discuss the purpose of committees, and explain their motivations for serving on particular committees.

The Legislature in Flux

This article covers the leadership changes that occurred in 1994, and discusses their ramifications for individual  members and the legislative process.

The Role of Parties in the Legislature

A series of video clips that explore the role of parties from the perspective of both leaders and rank & file memebrs are provided.

Members Chafe at their Bit Parts

This article looks at the tensions that arise in the strong party system.  A number of points are made which highlight the pros and cons of party leadership in the New York State legislature.

Environmental Votes

Environmental Advocates, an Albany based interst group , keeps track of the voting record of the members of the Assembly and Senate.

Rent Control Politics

The debate over rent control regulations during the 1997 legislative session presented difficult choices for some Senate republicans from the New York City metropolitan area.

Charter School Politics

Charter schools have been increasingly popular among some Assembly Democrats, even though this type of school reform is generally regarded as a Republican idea.

Seeds of Discontent

This article features the debate over establishing a pesticide registry which was subsequently passed by both Houses and signed by the Governor.  The issue illustrates the tensions between constituency and party pressures among some Senate  Republicans, and offers a look at the negotiation and compromises that are often  needed in the legislative process.

Negotiation & Compromise

A series of video clips which highlight the necessity of negotiation and compromise in  New York States  legislature.

 In The Open

Although many state legislatures and the U.S. Congress routinely use conference committees, they are just beginning to be used in New York.

 Specialized Caucuses & Regional Delegations

A collection of video clips which highlight the roles that specialized caucuses and regional delegations play in the legislature.

 Stumbling Blocks

This article highlights the difficult aspects of implementing a pesticide registry and reporting requirements.  The NYSDEC and several organized interests are involved in the process with oversight from the legislature.

Domestic Dispute

The Family Protection and Domestic Violence Act enacted in 1994 contained a  mandatory arrest section of the law, and some of the problems in implementing this provision are examined.  After four years the mandatory arrest section of the law will sunset allowing legislators to revisit the issue.

National Conference of State Legislators 

The NCLS offers a variety of services for legislators and staff that help state
 legislators do their work.  In addition, the many conferences and workshops provided by NCLS allow state legislators across the nation to discuss common concerns.  The NCLS web site offers loads of information for anyone interested in the fifty state legislatures and the issues that confront state lawmakers today.

 Only the Beginning

This article provides an argument that the New York State legislature needs to be  reformed.  These reforms are largely aimed at creating a more open and participatory
legislative process.

                             


The legislature is a central component of the New York State Government.  In our representative democracy, legislators provide a key linkage between the diverse constituencies across the state and the policy process.  The legislature plays an important role in making policy for the state, overseeing the state agencies, providing services to the citizens of the state, and establishing a forum for representation.  Individual legislators play two primary roles, they each represent a particular geographic constituency and make policy for the entire state. 
One of the difficult aspects of the job of a state legislator is balancing these two primary functions.  The two-house legislature, Assembly and Senate, plays three dominant roles: constituency service, lawmaking, and oversight.  Each role is necessary in our complex society today, and all three relate to the two primary aspects of a state legislator's job.  This chapter examines the functions of the state legislature (constituency service, lawmaking, and oversight), the legislative process (committees, parties, and bill passage), and an assessment of legislative performance.

Since each member of the legislature represents a specific district, they are especially concerned with addressing the need of their constituencies.  The 150 Assembly members each represent approximately 120,000 people, while the 61 senators have districts containing roughly 290,000 people.  In both cases, legislators provide a variety of constituent services that are an essential part of theirjob.  Legislators maintain an Albany office, and usually have one or two offices in the district as well.  District office staff provide the bulk of the day to day constituency service for most members.  Legislators hold office hours in their districts, and respond to questions and problems that constituents may need to resolve.  College students inquire about financial aid programs, senior citizens may need help with state tax or health programs, and small business owners may need assistance with state loans or in dealing with regulations.  This type of individual assistance is called casework, and occupies a large percentage of the staff work in any legislative office.

While casework normally entails constituents individually contacting their legislator, each representative spends ample time out in the community.  It is not uncommon for a legislator to attend several community events in one day.  A typical day could include a Rotary Club breakfast meeting, speaking at local schools, addressing various civic clubs or groups, and carrying out ceremonial functions, such as groundbreaking for a new college library or senior citizen's housing complex.  Remaining accessible to the constituents in a district is a primary aspect of the representative function that state legislators play.  Legislators also send out periodic mailings to constituents that highlight legislative accomplishments, provide hot line numbers, and offer information about government services that are available.  Especially in a full-time, professional legislature, such as New York, Assembly members and senators are continually responding to, and anticipating, the many needs of their constituents.


 

At the heart of the legislative process is the making of laws.  Each bill needs to be passed by both the Assembly and Senate, and then signed by the governor in order to become law.  This process involves the interplay of legislators, staff, committees, and the political parties.  In addition, interest groups, constituencies, and the media, all contribute to the process.

Most citizens normally identify lawmaking as an important part of the legislature.  In New York, as in all states, for ideas to become law the legislature needs to approve them first.  In order to undertake this part of the job legislators and their staffs study problems,draft legislation, work with other legislators and interest groups to promote their bills, and ultimately vote for the bills that come before them on the floor of the legislature.  Legislators may work on bills that will affect many citizens across the state, such as criminal 'ustice reform or transportation funding, or only a few people in their district, usually called local bills.  In addition, the budget process occupies a large part of the legislative session that non-nally runs from early JanuaTy until late June.  The legislative process, described further below, is complex and time consuming, and demands considerable attention ftom legislators and staff.


 

The legislative committees provide important functions for both the institutions of the legislature and individual members.  The New York State Senate has 35 standing committees, while the Assembly has 36 standing committees.  Each committee covers a specific subject matter Jurisdiction.  A chairperson, who is always a member of the majority party, leads each committee, and several other le 'stators from both parties serve on each committee.  In almost all cases for a bill to be voted on by the whole legislature, a committee must vote on it first.  Committees allow the legislature to distribute the workload in an organized fashion.  Since the vast majority of bills are never reported out of committee, the committee system provides a gate keeping function for each chamber of the legislature as well.  Moreover, committee service allows a small number of legislators to become highly knowledgeable on particular issues, and this specialization serves the institutions and its members well.

While the committee system helps the institution of the legislature it also plays important roles for individual members.  Legislators are known to have three goals: meeting constituency needs, making good policy, and earning the respect of their peers.  In selecting committee assignments on which to serve legislators tend to think about their goals.  For instance, a legislator may have a particular policy interest, and committee system allows them to act on this interest.  Senator Stephen Saland (R-Poughkeepsie) pursued service on the Children and Families committee, of which he is chair, given his background as an attorney dealing with family court issues.  Senator Velmanette Montgomery (D-Brooklyn), a former child care advocate, was able to continue her interest in that issue by serving on the Child Care committee. Members are also very aware of their constituency needs when they select committee assignments.  Senator John Kuhl, who represents a rural, agricultural district in western New York, is, not surprisingly, a long standing member of the Senate Agriculture Committee.  The last few chairs of the Senate Envirom-nental Conservation Committee have been from Long Island given the many environmental issues of concern there.  In reality, constituency concerns and personal interests often intertwine.  An example here is that Senator Carl Marcellino, Environmental 

Conservation Chair, is a former biology teacher and represents a portion of Long Island.  Since senators serve on several committees and Assembly members serve on approximately three committees, there are ample opportunities for legislators to address their goals through committee assignments.  The fiscal committees, Assembly Ways and Means and Senate Finance, are especially coveted since they deal principally with budget matters, and allow members to serve all three goals simultaneously.


 

Political parties play an enormous role in the New York State legislature, and virtually no aspect of life in the legislature is untouched by the parties. Currently, the Assembly has 98 Democrats and 52 Republicans in office, while the Senate contains 36 Republicans and 25 Democrats.  The majority party in each chamber has strong control over the legislative agenda and the apportiom-nent of member resources, such as staff, budget, etc.  In addition, the party leaders dole out committee seats and leadership positions.  Yet in making these decisions party leaders are always cognizant of their needs to maintain a majority and, to a large extent, they work with individual legislators to meet their mutual needs.  In each chamber, majority party members have more staff and budget resources to work with, and it is difficult for minority members to have a substantial impact on policy.  Yet the fact that each party has a majority in one house does provide avenues for the respective minority parties to gain a voice in the legislative process.

The four party components of the legislature--Assembly Democrats, Assembly Republicans, Senate Republicans, and Senate Democrats--each have a leadership structure. The Assembly Speaker, Sheldon Silver (D-Manhattan) leads the majority party in the Assembly, and the Assembly Republicans have a Minority -Leader, John Faso (RKinderhook).  In the Senate, Senator Joseph Bnmo is the Majority leader, and Martin Connor serves as the Minority Leader for the Democrats.  Moreover, the majority parties each have a floor leader who "directs traffic", Assembly Majority Leader Michael Bragman fulfills that role in the Assembly, while Senator Dean Skelos, the Deputy Majority Leader, is his counterpart in the Senate.  The Assembly Steering Committee and the Senate Rules Committee are anus of the majority parties that facilitate the legislative agenda and manage bill movement.  Finally, each of the four party units has a caucus or conference in which all members meet to discuss issues, develop strategies, and hash out disagreements among their ranks.  While the strong leadership structure in the New York Legislature is readily apparent, the party leaders know that they are constrained by the needs of their members and the diverse constituencies that exist within each party unit.


 

The most dramatic aspect of the legislative process is the debating of legislation on the "floor" of the Assembly or Senate.  Floor debate allows individual le 'stators to voice their opinion on a bill, and for the respective parties to engage in verbal combat on the issues facing New York State.  In particular, the most heated rhetoric often comes from members of the minority parties in each chamber since the openness of floor debates allows divergent views to be expressed.  In addition, floor speeches allow legislators to appeal to affected constituencies and key interest groups "le the floor speeches are often dramatic, in reality the powerful nature of the majority party leadership in each chamber means that the fate of most legislation on the floor is predetermined.  Each majority party has the ability to keep controversial legislation off the floor until enough favorable votes can be secured.  At times, a bill will not be voted on since the outcome may be unclear.  In each legislative session, approximately 10,000 bills are circulating throughout the legislative process, yet only 5% of those bills become law.  The vast majority of bills that are voted on receive substantial support and many are passed with near unanimous approval.  A small number of bills each session are hot button items either due to partisan differences, factional splits within one party, or the public nature of the debate.

Individual legislators usually base their vote on one of three factors; party, constituency, and personal beliefs. in reality, those three factors are often mutually districts that contain a majority of their party.reinforcing since most members represent districts that that contain a majority of their party.

Moreover, members usually are in sync with the opinions Of their dist ct on most issues. Legislators also depend on a small number of colleagues who they come to trust over time given the mutual constituencies, beliefs, and friendships that they share.  Interest groups can also play a role in a legislator's vote as well.  On most bills, if there is no conflict between the member's beliefs, party, and constituency, the vote decision is relatively easy.  Yet when conflict emerges between these primary voting cues, the vote choice becomes more difficult. The classic example is when the party position on a bill diverges from a constituency interest in the membees district.  In recent years, rent control, welfare reform, casino gambling, and charter schools have been key issues that provided tough votes for legislators.  Senate Republicans from New York City were in a difficult bind on rent control, yet upstate Democrats in the Assembly found welfare reform to be a troubling issue.  Especially when a key constituency group is aroused on an issue, legislators need to be careful in their voting behavior.


 

When legislation is complex or especially controversial, the leaders of each majority party usually need to negotiate on aspects of the legislation.  This negotiation often occurs simultaneously with discussion within the party conferences or caucuses on the proposal.  Before a bill is presented to the Governor, the Assembly and Senate both need to pass identical bills.  In the past, ironing out these differences was handled by the respective majority party leaders, yet recently conference committees have begun to be used.  Conference committees consist of members of both the Assembly and Senate, usually from the key committees withjurisdiction over the matter. Many commentators believe this change signals a positive trend toward greater member involvement in the process.


 

When a bill is passed into law, the policy is far from over. The state agencies, as well as county and local government bodies, need to implement or carry out the law. The implementation process, discussed more in chapter six, is essential in dealing with the complex issues that government addesses today. Legislators engage in oversight of the state agencies, and other implementation factors, in order to make sure that policies and programs are fulfilling legislative objectives and meeting consituent needs. One type of oversight is called fire alarm oversight, since in this case legislators are responding to a problem that has occurred. In this type of oversight legislators learn of a problem that has occurred. Int his type of oversight legislators learn of a problem through constiuents, community organizations or interest groups, ans the media. Once th alarm bell is sounded, legislators attempt tp resolve the issue by addressing particular case involved or drafting a bill that will more broadly handle the problem. Given the hectic schedules of legislators and their staffs, fire alarm oversight is the most common form practiced. Representatives depend on the outside individuals and groups to be their "eyes and ears" in these situations.

On the other hand, police patrol oversight, is more proactive in nature.  Many laws contain sunset provisions in which the law will expire at a specified time, such as 'f not reauthorized. These sunset provisions allow for a reassessment of a two years, I program or policy, and the law can be phased out, modified, or simply renewed based on the legislative assessment.  In other cases, laws have provisions in which the agency responsible for the program needs to submit a report to the le 'slature at a certain time. The New York State legislature established the Administrative Regulation Review Commission that oversees agency rule making to ensure that legislative intent is being carried out, and those affected constituencies are being well served.  These fon-ns of police patrol oversight allow legislators to oversee policy implementation on an ongoing basis rather than when a problem situation emerges.


 

Assessing the performance of the legislature is not a simple task given the many devergent roles that the legislature and its members play. Across the nation, state legislatures have clearly increased their capacity to engage in the policy process and grapple with the complex issues that face lawmakers today. New York is now execption to this trend, and the growth of staff and members resources since the 1970's enable legislators to gain expertise on policy issues and serve the needs of their constiuents. Moreover, the legislative branch had clearly become an effective counterbalance to the Governor in the policy process. Yet the outcomes of these changes are not entirely clear.

Individual legislators are given high grades by their constituents since an incumbent loss in New York is very rare.  Since over 98% of incumbents win reelection their constituents do seem to think that "their Senator or Assembly member" is doing a fine job.  This is not surprising since members are often evaluated by their constituents in terms of how the legislator represents the district in terms of state funded projects, casework, accessibility, and other "localized" concerns.  Moreover, legislators are almost always in tune with the dominant policy views of their district which adds to their high favorable ratings.  In short, the fact that legislators in New York work hard and are evaluated on district centered concerns means that the vast majority of legislators are grade well by the citizens of the state.

The two-house legislature as a whole, though, receives a very different response from the public.  State legislatures across the nation receive ample criticism and low public support, and the New York le 'slature is no exception.  In part, this view stems from the difficult of passing state policy that will please all the citizens of the state. While individual legislators are viewed largely through a local lens, the le 'slature is viewed from a broader policy angle.  The gridlock and partisan wrangling over the last several years among lawmakers, especially the party leaders, has led to a cymcal view of the legislature among many in the public.  These criticisms are especially acute in regards to the state budget process which has been late for the last fifteen years.  More than any other issue the late budgets have symbolized the "dysfunctional" nature of the legislature in the public's mind.  A second VyW of criticism is aimed at the closed process by which policy is often made in New York.  Although recent changes have opened up the process a bit, some legislators, 
commentators and citizens desire a more open and participatory legislative process.

Overall, the legislature gets a mixed response on its performance depending on the vantage point you view the institutions and its members from.  While many states have opted for big changes to "shake up" the le 'slative process, such as term limits and campaign finance reform, in New York these proposals have not garnered much support especially in Albany.  More realistically, the reforms offered in New York will center on incremental change in the openness of the process, and, perhaps, some modest campaign finance changes.  In reality, the conflictual and protracted nature of the legislative process in New York stems ftom the economic, social, and political diversity that exists in the state.  As a result, the legislature as a representative forum of this diversity does not always meet public expectations.