New York (State). Legislature

The 332nd Infantry Regiment was part of the 83rd Division, which was deployed overseas in June 1918. After training in France the regiment was detached for service as army and corps troops, and on July 25 it moved, with the 331st Field Hospital, to Villafranca, Custoza, and Sommacompagna, Italy. In October the regiment participated in the Vittorio-Veneto Operation (Italy). The regiment assisted in establishing bridgeheads at the Piave River, and as part of the Italian 31st Division (Tenth Italian Army) particpated in the pursuit of the Austrians from the Piave to the Tagliamento River. The Second Battalion crossed the Tagliamento under fire and reached Villaorba on November 4, when the Austrian armistice became effective. Thereafter the Second Battalion arrived at Cattaro and sent troops into Montenegro; Headquarters and the First Battalion moved into Treviso; and the Third Battalion moved to Fiume. The regiment assembled at Genoa in March 1919 and the first contingent sailed for the U.S. on March 29. The second contingent sailed from Marseille on March 29 and April 4, 1919.

New York Hospital was chartered in 1771 by King George III. Public funding of the charitable institution began in 1772 when the treasurer of the Colony of New York was ordered to pay 800 pounds annually to the hospital. The funds were to become "chargeable upon the Duty of Excise laid or to be laid on Strong Liquors retailed in the City of New York" (Laws of the Colony of New York, Chapter 1550). In 1806, the legislature called the hospital "an institution of great public utility and humanity" and found it in the general interests of the state that adequate provision be made "for the support of such an infirmary for sick and insane persons" (Chapter 54). Funding for the maintenance and improvement of the institution, in the annual amount of $12,500, was extended to 1857. As part of this act, the legislature directed the governors of the hospital to report annually on the state of the institution.

CURRENT FUNCTIONS. The primary function of the New York State Legislature is to make laws. Article III of the State constitution vests the legislative power of the State in the senate and assembly. The legislature has nearly total control of the legislative process and is completely responsible for its own proceedings.

There are, however, constitutional limits that prohibit the legislature from enacting certain types of laws. It may not pass laws that hinder the right of people to peaceably assemble or petition the government or that curtail freedoms of speech or press. The legislature also may not, for instance, pass certain types of private or local laws (such as those changing a person's name or moving a county seat), nor may it grant divorces, annul court decisions, or audit claims made against the State.

Article IX of the State constitution requires the legislature to provide for the government of counties, cities, and incorporated villages. The legislature enacts general laws relating to localities, but legislation relating to a single locality generally can be passed only with the authorization of the locality.

The legislature passes resolutions that serve as formal statements of opinion or determination concerning a wide variety of matters. Resolutions are used, for instance, to adopt internal rules, adjourn from annual sessions, adopt constitutional amendments, establish legislative commissions, and issue congratulations on accomplishments of others. Legislative resolutions do not have the effect of law.

The legislature has responsibility for reviewing administrative action to ensure that it conforms to legislative intent and authorization. In performing this function, the legislature audits agency programs, investigates fiscal aspects of agency programs, and monitors rule-making activities of agencies. Various legislative committees also review those agencies that fall under the committee's area of responsibility.

Another major function of the legislature is to review the governor's annual budget. This function has expanded in the 1970s and 1980s and has increased the authority of the legislature in the governmental process. In reviewing the executive budget, the legislature may reduce a specific amount of money requested but may not increase a request. Any additional funding sought by the legislature must be added as a separate line item subject to veto by the governor.

The legislature also has an electoral function. The senate and assembly are the sole judges of the elections, returns, and qualifications of their members. While it rarely occurs, either house may refuse to seat any person whom a majority of its members finds unqualified. The legislature is responsible for electing its own officers. The legislature also elects members of the Board of Regents of The University of the State of New York.

Legislators provide a variety of services to their constituents. In particular, they intervene on behalf of their constituents with a State agency or local government to ensure that some need is being met.

The legislature has broad powers in ratifying proposed federal constitutional amendments referred to it, proposing State constitutional amendments, and convening constitutional conventions.

The senate is responsible (State constitution, Article V, Section 4) for reviewing and approving the governor's appointments of heads of most State agencies, members of boards and commissions, and judges of the court of appeals and court of claims.

The assembly has the authority (State constitution, Article VI, Section 24) to vote articles of impeachment against certain judicial and State officials. Upon an impeachment vote by a majority of the assembly, a court of impeachment is formed consisting of the president of the senate, members of the senate, and judges of the court of appeals. This court can vote to convict and remove these officials from office.

Other specific functions performed by the legislature include channeling federal grants to State agencies and loaning funds to public corporations.

Through standing and select committees and joint legislative commissions, the legislature gathers information from individuals and constituent groups to make more informed decisions concerning appropriate legislation.

Legislators also perform many fiscal, personnel, and administrative functions to ensure the proper operation of the growing bureaucratic structure of the legislature.

ORGANIZATIONAL HISTORY. The legislature can trace its origins to several representative councils that met during the 1640s and 1650s, the period of Dutch rule in New Netherland. The director general of the colony, assisted by an appointed council, held exclusive executive, legislative, and judicial authority. In 1641, representatives chosen by the people met and called for this authority to be limited. Over the next several years, similar meetings were called to represent popular interests before the colony's director general. In 1664, an Assembly was called by Peter Stuyvesant to consider the current state of affairs in the colony. However, England took control of New York before this assembly was able to develop into a source of authority distinct from the appointed leaders.

Under the English governor Thomas Dongan, a representative assembly was convened in 1683. The first session of this assembly enacted a Charter of Liberties and Privileges, which called for certain basic rights, such as trial by jury and protection of property. The charter was approved by the royal governor by was vetoed in England. In 1686, King James II dissolved the assembly. In 1690, during a period of unrest, Jacob Leisler and his supporters organized an assembly, but this attempt was disallowed a year later.

A 1691 law (Chapter 10) finally established a permanent colonial assembly, which continued in existence throughout the period until it was dissolved by Governor Tryon in 1776. The importance of this assembly grew as it gradually gained control over the province's taxation and expenditures. During this period, the Governor's Council continued in existence, exercising both legislative and judicial functions.

In the Revolutionary era, the assembly gave way in authority to the Provincial Congress. When the assembly refused to send delegates to the Second Continental Congress in 1775, the Provincial Congress convened and appointed delegates to the Continental Congress. This Provincial Congress also approved the Declaration of Independence on behalf of New York and proclaimed itself to be the Convention of the Representatives of the State of New York. In 1777, this convention approved a State constitution.

This constitution vested supreme legislative power in a two-house legislature. The lower house, the assembly, was roughly modeled on the colonial assembly. It consisted of seventy members representing fourteen districts who were to be elected annually by adult males meeting stipulated property requirements. The upper house, the senate, included twenty-four members representing four districts. The senate had power equal to that of the assembly although property-holding requirements for electors were higher and senators were to have four-year terms of office. The legislature was given broad governmental authority that has continued essentially unchanged to the present day. The powers of the legislature, however, were limited by two councils. The Council of Revision, including the governor, four supreme court justices, the chancellor, and four senators, had the authority to review and approve all bills passed by the legislature. Vetoed bills could be overridden by the legislature. The Council of Appointment, which included the governor and four senators, made appointments to nonelective government positions.

Constitutional revision in 1822 eliminated the councils of revision and appointment. The new constitution gave the governor veto power over legislation, although the veto could be overridden by a two-thirds vote of each house. The chief officers of the State, including the secretary of state, attorney general and comptroller, were to be selected by the legislature. Property-holding qualifications for voting were retained for blacks, but virtual universal suffrage was established for white males. The number of assembly members increased to 128 while the number of senators was set at thirty-two.

A new State Constitution of 1846 determined that senators and assembly members were thereafter to represent single-member districts and that the term of office for senators was to be two years. The new constitution reduced the legislature's appointive powers by making the secretary of state, attorney general and comptroller elective offices. The constitution also increased the power of the legislature in other areas, especially in regard to the operations of the State's municipal and county governments.

The 1894 State Constitution mandated that there be 150 assembly members and at least fifty senators. The number of assembly members has remained at 150 while the number of senators has increased to sixty.

Leadership in the legislature is centered in the speaker of the assembly and the senate majority leader who control the organization and most of the important functions of the two houses. One of the functions of the speaker and majority leader is selecting the chairperson of the assembly and senate standing committees. A major part of the work of the legislature is accomplished through these committees. These committees are organized around a subject area or based on a functional responsibility. Subcommittees often exist to divide the work of larger committees. In addition to standing committees, select committees are often appointed to help the legislature on a temporary basis. The legislature also uses joint legislative commissions to support legislative work, particularly by allowing special long-term attention to certain areas of concern to legislators. In the 1970s, these commissions replaced joint legislative committees that previously had done similar work.

A border dispute between New York and Vermont resulted in citizens in the disputed area directing complaints and requests for help to the legislature. The legislature sought the aid of Congress to settle the dispute.

A law of 1779 (Chapter 24, Third Session) authorized the U.S. Congress to arbitrate land disputes in the "New Hampshire Grants" and appointed two agents to collect evidence supporting New York's claims. Laws of 1786 (Chapter 67) and 1788 (Chapter 89) provided for land grants to persons who lost land in the controversy. Legislation of 1790 (Chapter 18) appointed commissioners to agree upon territory to become the new state of Vermont and provided for compensation to those who lost land as a result of the settlement. New York settled its claims for $30,000, and in 1791 Vermont was admitted to the Union.

The legislature can trace its origins to several representative councils that met during the 1640s and 1650s, the period of Dutch rule in New Netherland. The director general of the colony, assisted by an appointed council, held exclusive executive, legislative, and judicial authority. In 1641, representatives chosen by the people met and called for this authority to be limited. Over the next several years, similar meetings were called to represent popular interests before the colony's director general. In 1664, an Assembly was called by Peter Stuyvesant to consider the current state of affairs in the colony. However, England took control of New York before this assembly was able to develop into a source of authority distinct from the appointed leaders.

Under the English governor Thomas Dongan, a representative assembly was convened in 1683. The first session of this assembly enacted a Charter of Liberties and Privileges, which called for certain basic rights, such as trial by jury and protection of property. The charter was approved by the royal governor by was vetoed in England. In 1686, King James II dissolved the assembly. In 1690, during a period of unrest, Jacob Leisler and his supporters organized an assembly, but this attempt was disallowed a year later.

A 1691 law (Chapter 10) finally established a permanent colonial assembly, which continued in existence throughout the period until it was dissolved by Governor Tryon in 1776. The importance of this assembly grew as it gradually gained control over the province's taxation and expenditures. During this period, the Governor's Council continued in existence, exercising both legislative and judicial functions.

In the Revolutionary era, the assembly gave way in authority to the Provincial Congress. When the assembly refused to send delegates to the Second Continental Congress in 1775, the Provincial Congress convened and appointed delegates to the Continental Congress. This Provincial Congress also approved the Declaration of Independence on behalf of New York and proclaimed itself to be the Convention of the Representatives of the State of New York. In 1777, this convention approved a State constitution.

This constitution vested supreme legislative power in a two-house legislature. The lower house, the assembly, was roughly modeled on the colonial assembly. It consisted of seventy members representing fourteen districts who were to be elected annually by adult males meeting stipulated property requirements. The upper house, the senate, included twenty-four members representing four districts. The senate had power equal to that of the assembly although property-holding requirements for electors were higher and senators were to have four-year terms of office. The legislature was given broad governmental authority that has continued essentially unchanged to the present day. The powers of the legislature, however, were limited by two councils. The Council of Revision, including the governor, four supreme court justices, the chancellor, and four senators, had the authority to review and approve all bills passed by the legislature. Vetoed bills could be overridden by the legislature. The Council of Appointment, which included the governor and four senators, made appointments to nonelective government positions.

Constitutional revision in 1822 eliminated the councils of revision and appointment. The new constitution gave the governor veto power over legislation, although the veto could be overridden by a two-thirds vote of each house. The chief officers of the State, including the secretary of state, attorney general and comptroller, were to be selected by the legislature. Property-holding qualifications for voting were retained for blacks, but virtual universal suffrage was established for white males. The number of assembly members increased to 128 while the number of senators was set at thirty-two.

A new State Constitution of 1846 determined that senators and assembly members were thereafter to represent single-member districts and that the term of office for senators was to be two years. The new constitution reduced the legislature's appointive powers by making the secretary of state, attorney general and comptroller elective offices. The constitution also increased the power of the legislature in other areas, especially in regard to the operations of the State's municipal and county governments.

The 1894 State Constitution mandated that there be 150 assembly members and at least fifty senators. The number of assembly members has remained at 150 while the number of senators has increased to sixty.

Leadership in the legislature is centered in the speaker of the assembly and the senate majority leader who control the organization and most of the important functions of the two houses. One of the functions of the speaker and majority leader is selecting the chairperson of the assembly and senate standing committees. A major part of the work of the legislature is accomplished through these committees. These committees are organized around a subject area or based on a functional responsibility. Subcommittees often exist to divide the work of larger committees. In addition to standing committees, select committees are often appointed to help the legislature on a temporary basis. The legislature also uses joint legislative commissions to support legislative work, particularly by allowing special long-term attention to certain areas of concern to legislators. In the 1970s, these commissions replaced joint legislative committees that previously had done similar work.