How does NY State legislation and budgeting work?
To advocate for new laws, activists get to know the political process and leaders. In this post, we go into the New York state process to level up on how change occurs.
When we started MJN, we realized that shared power — democracy — is an essential characteristic of just systems. And alot of democracy is about mechanics. We needed to love procedures to see where people have more power than they should. But procedures are dry, so get ready for a slow read :)
Who: decision making groups
There are 3 main groups: the assembly (lower house), senate (upper house), and governor.
State Assembly (lower house): Legislators; Committees of the Assembly; Speaker
State Senate (upper house): Legislators; Committees of the Senate; Majority Leader
The 2 houses independently initiate legislation (bills) to change the law, while the governor initiates the budget for the state. The speaker / majority leader schedule when the bills are discussed during the legislative session.
If a bill is approved by a majority in both houses, it goes to the governor, who signs it into law. Meanwhile, the governor’s budget becomes law when it’s approved by a majority in both houses. The governor can veto the houses on legislation or the budget. But houses can override the governor if two thirds of both vote in favor.
When: timing matters
Bills are scheduled for debate in both houses during a short ~5-month session, while the budget is on a tighter time frame within it. Outside of the session, committee members often design bills and make sure they're ready to get on the calendar.
Regular Sessions: January through ~June:
Legislation: Members introduce, debate, and vote on bills. The speaker or majority leader puts it on the calendar. If a bill has not passed by the time of adjournment, it may be reintroduced in the next session.
Budget: New York state's fiscal year is April 1st - May 31st. The budget is introduced in January with the goal of passing by April 1st.
Special Sessions: The Governor can call special sessions outside the regular session calendar to address specific issues or emergencies. These topics are specified by the Governor.
Legislation Flow
New York State Assembly or the New York State Senate members introduce bills. Legislative staff and legal counsel ensure they meet legal standards. The member who introduces the bill is called the sponsor. Members who support the bill sign on as co-sponsors. Search for any given bill on the Senate or Assembly site to find out if your representative sponsors /co-sponsors a bill.
Bills go to a house committee for review, public hearings, and expert opinions. The committee may amend the bill before voting on whether to move it forward. Committee members develop expertise, identify issues for legislative review, recommend action, and more. (See "Committees and Senate Rules" in the Committee System).
If the bill is put forward for a vote, it’s placed on the legislative calendar. The leaders of each house — the Speaker of the Assembly or the Senate Majority Leader — decide when a bill will be brought to the floor for debate. If a bill that is likely to be debated ends up scheduled at the end, it probably won't have time to be amended for a new vote.
Debate: At the designated time, members of the house debate the bill. If amendments are proposed, they must be approved by a majority vote before being incorporated into the bill.
Respective house members vote.
If the bill passes by a majority vote, it moves to the other house and the process re-starts; the bill is referred to a relevant committee there, which reviews, holds hearings, and amends. Then it's debated and voted on.
If the second house amends the bill, it returns to the original house for agreement. A conference committee with members from both houses may form to reconcile versions.
If it’s approved by majorities, it goes to the Governor, who could do one of 3 things:
Sign it into law: State agencies then figure out how to implement and enforce it. New laws are published in the official state records.
Veto: Members can override the veto with a two-thirds majority vote in both houses.
Do nothing: What happens next depends on timing in the legislative session.
If the governor doesn’t sign or veto the bill in 10 days (excluding Sundays) while the legislature is in session, the bill automatically becomes law without their signature.
If the bill is delivered to the governor less than 10 days (excluding Sundays) before the end of the session and they don’t sign it, the bill does not automatically become law. This is called a "pocket veto."
Budget flow
The governor submits an executive budget to the Legislature in January. It outlines the state’s financial plan, including expected revenues / expenses for the upcoming fiscal year. This process is overseen by the New York State Division of the Budget.
The executive budget is reviewed by both houses. Joint budget hearings are held, typically by the Senate Finance Committee and the Assembly Ways and Means Committee, to receive testimony from state agencies, stakeholders, and the public.
The Legislature may propose amendments to the budget. If there are big differences between the Senate and Assembly budget proposals, conference committees with members from both houses may form.
The budget is voted on by the full Senate and Assembly. It must pass by a majority vote in both houses. This typically occurs by the start of the state’s fiscal year on April 1.
The Governor can approve the budget, or veto the entire budget, or veto specific line items (expenditures). The Legislature can override vetoes with a two-thirds majority in both houses.
If the New York State budget does not pass by the start of the fiscal year on April 1, the Governor submits "extender bills" to the Legislature. These are temporary spending bills to keep the government operational. If extender bills don’t pass, the state might have to suspend non-essential services. Delays can disrupt operations, vendor payments, and more.
Once signed into law, state agencies begin implementing the approved financial plan. Throughout the fiscal year, the Division of the Budget may make adjustments for fiscal stability.
