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. |
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| 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.
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