Question

How is a law introduced and passed by the NYS Legislature?

Answer 1

The process of making a law starts from an idea formation and then it is introduced and passed by the legislature. The whole process can be described in steps as:

1. Idea Formation

It is the starting point in this process where citizen can contributes in writing or modification of law. The Senator might be having an idea or his/her constituents may point out a need for the same. A State official also have the rights to propose a change. There is no monopoly on ideas for legislation

2. Drafting of Bill

The legislation basically is responsible for forming the basic draft of bill from this idea. The actual drafting of bill is generally done by the staff of the Legislative Bill Drafting Commission. However in special cases, an interest group may have its own attorneys draft a bill and the executive branch can submit their ideas for legislation in bill form.

3. Bill Introduction

For law to be enacted in New York State, it has to be adopted first by the Legislature in bill form. All bills are introduced only by legislators or by standing committees of the Senate and Assembly except the Executive Budget, which is submitted directly by the Governor.

After formal introduction of bill to Senate, it goes to the Introduction and Revision Office for modification and correction, given a number, sent to the appropriate standing committee, entered into the Senate computer, deemed to have had its first and second readings and printed.

4. The Standing Committee

It consists of persons specialized in their respective fields. They evaluate bills and decide whether to "report" them (send them) to the Senate floor for a final decision by the full membership. They can take a public opinion on the bill by gathering public meeting or some other ways.

5. The Calendar

Senate has a daily calendar which consist of agenda for Senate sessions. Before the voting starts, bill has to be on senator desk at least 3 days earlier. Now bill reaches the third reading and ready for final vote. At any point sponsor of the bill may amend it by given proper reason , if approved by senate committee.

5. Passing of Bill

After all the major debate and discussion, vote is taken and if majority of the Senators approve it, the bill is sent to the Assembly.

In the Assembly, one can still have a chance for influencing the bill as it moves through a process. It is referred to a committee for discussion, and if approved there, it goes to the full membership for a vote.

After the bill is approved in the Assembly without amendment, it is forwarded to the Governor. However, if it is changed, it is returned to the Senate for concurrence in the amendments.

5. Final stage: The Governor

When bill reached the governor, he/she can either pass it or return it o the assembly.

If the Legislature is in session, he has 10 working days to sign or veto bills passed by both houses. Signed bills become law but vetoed bills do not. If the Governor's failure to give his decision within the 10-day period, bill automatically becomes law. Vetoed bills are returned to the house along with a statement of reason for the disapproval. It can still become law if 2/3 members of each house vote to override the Governor's veto.

In case bill is sent to the Governor when the Legislature is out of session, Governor has 30 days time to make a decision.