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New York State Senate

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Gustavo Rivera (born November 19, 1975) is a New York state senator representing the 33rd Senate District , covering the Bronx neighborhoods of Kingsbridge Heights , Kingsbridge , Fordham , University Heights , Van Nest , Tremont , East Tremont , and parts of Morrisania and Parkchester . First elected in 2010, Rivera is a Democrat .

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60-755: Minority The New York State Senate is the upper house of the New York State Legislature , while the New York State Assembly is its lower house . Established in 1777 by the Constitution of New York , its members are elected to two-year terms with no term limits. There are 63 seats in the Senate. The Democratic Party has held control of the New York State Senate since 2019. The Senate Majority Leader

120-824: A Legislative Council prior to joining Canada , as did Ontario when it was Upper Canada and Quebec from 1791 (as Lower Canada ) to 1968. Nebraska is the only state in the United States with a unicameral legislature, having abolished its lower house in 1934, while the Senate of Nebraska , the upper house prior to 1934, continues to assemble. The Australian state of Queensland also once had an appointed Legislative Council before abolishing it in 1922. All other Australian states continue to have bicameral systems, though all members are now directly elected (the two self-governing territories, along with Norfolk Island until 2016, have always been unicameral). Like Queensland,

180-462: A bill so that it does not fit within the legislative schedule, or until a general election produces a new lower house that no longer wishes to proceed with the bill. Nevertheless, some states have long retained powerful upper houses. For example, the consent of the upper house to legislation may be necessary (though, as noted above, this seldom extends to budgetary measures). Constitutional arrangements of states with powerful upper houses usually include

240-666: A decisive majority. In total, enrolled Democrats won 40 of the chamber's 63 seats, including all but one seat in New York City and six of the nine seats on Long Island, the latter of which has been under GOP control for decades. Felder offered to rejoin the Democratic Conference, but was turned down in December 2018. Senate Republicans won 23 seats in the 2018 elections. Stewart-Cousins was formally elected Majority Leader and Temporary President on January 9, becoming

300-407: A means to resolve situations where the two houses are at odds with each other. In recent times, parliamentary systems have tended to weaken the powers of upper houses relative to their lower counterparts. Some upper houses have been fully abolished; others have had their powers reduced by constitutional or legislative amendments. Also, conventions often exist that the upper house ought not to obstruct

360-525: A post which is normally also held by the Majority Leader. The Senate has one additional officer outside those who are elected by the people. The Secretary of the Senate is a post that is chosen by a majority vote of the senators, and does not have voting power (the Secretary is allowed, though officially discouraged, from discussing and negotiating legislative matters). The Secretary of the Senate

420-462: A prearranged deal, Espada was elected temporary president and acting lieutenant governor while Skelos was elected majority leader. Following the "coup", Senate Democrats voted for John Sampson (D-Brooklyn) to replace Smith as Democratic Leader. On June 14, Monserrate declared that he would once again caucus with the Democrats. This development meant that the Senate was evenly split, 31–31, between

480-558: A total of 33 seats for a three-seat majority. Democrats gained seats in Senate Districts 17 (where Democrat Simcha Felder defeated Republican incumbent David Storobin), 41, and 55 (where Ted O'Brien defeated Sean Hanna to win the seat vacated by the retiring Republican Sen. Jim Alesi), and won the election in the newly created Senate District 46 (discussed below). The election in Senate District 46—a new district that

540-622: Is Andrea Stewart-Cousins . The New York State Senate was dominated by the Republican Party for much of the 20th century. Between World War II and the turn of the 21st century, the Democratic Party only controlled the upper house for one year. The Democrats took control of the Senate following the 1964 elections; however, the Republicans quickly regained a Senate majority in special elections later that year . By 2018,

600-439: Is responsible for administering the Senate's office space, overseeing the handling of bills and the oversight of the sergeants-at-arms and the stenographer. Alejandra Paulino was appointed to the position in December 2018. * First elected in a special election. Upper house An upper house is one of two chambers of a bicameral legislature , the other chamber being the lower house . The house formally designated as

660-650: Is sometimes seen as having a special role of safeguarding the uncodified Constitution of the United Kingdom and important civil liberties against ill-considered change. The House of Lords has a number of ways to block legislation and to reject it; however, the House of Commons can eventually use the Parliament Act to force something through. The Commons will often accept amendments passed by the Lords; however,

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720-642: Is the British House of Lords . Under the Parliament Acts 1911 and 1949 , the House of Lords can no longer prevent the passage of most bills, but it must be given an opportunity to debate them and propose amendments, and can thereby delay the passage of a bill with which it disagrees. Bills can only be delayed for up to one year before the Commons can use the Parliament Act, although economic bills can only be delayed for one month. The House of Lords

780-517: The German state of Bavaria had an appointed second chamber, the Senate of Bavaria , from 1946 to 1999. The Senate of the Philippines was abolished – and restored – twice: from 1935 to 1945 when a unicameral National Assembly convened, and from 1972 to 1987 when Congress was closed, and later a new constitution was approved instituting a unicameral Parliament. The Senate was re-instituted with

840-420: The 2009–2010 legislative session, there were 32 Democrats and 30 Republicans in the Senate. On June 8, 2009, then-Senators Hiram Monserrate and Pedro Espada Jr.—both Democrats—voted with the 30 Republican members to install Senate Republican Leader Dean Skelos (R-Rockville Centre) as the new majority leader of the Senate, replacing Democratic Senate Majority Leader Malcolm Smith. The Associated Press described

900-705: The British House of Lords until 1999 and in the Japanese House of Peers until it was abolished in 1947. It is also common that the upper house consists of delegates chosen by state governments or local officials. Members of the Rajya Sabha in India are nominated by various states and union territories, while 12 of them are nominated by the President of India. Similarly, at the state level, one-third of

960-479: The Democratic Party holds 41 seats in the Senate. The Republicans hold 21 seats, and one seat is vacant. The Lieutenant Governor of New York is the ex officio President of the Senate. The Lieutenant Governor has a casting vote in the event of a tie; however, there is debate over the meaning of the term "casting vote". With few exceptions, the Senate is presided over by the Temporary President ,

1020-544: The Democrats gained a 32–31 numerical Senate majority; however, Felder continued to caucus with the Republicans, allowing them to maintain a 32–31 majority instead. In 2018, five Republican senators announced that they would not seek re-election in the fall. In the September 13, 2018 Democratic primary elections, all eight Democratic senators who had been members of the IDC at the time of its dissolution faced challengers. Six of

1080-756: The Deputy Democratic Conference Leader. The announcement followed a meeting called by Governor Andrew Cuomo at which Cuomo requested that the IDC reunite with the Senate Democratic Conference. On April 16, the IDC was dissolved. After the IDC dissolved, the Senate Democratic Conference contained 29 Members, the Senate Republican Conference contained 32 Members (including Sen. Felder), and there were two vacant Senate seats. After two April 24, 2018 special elections were won by Democrats,

1140-706: The GOP; Felder's move ensured that the Republicans would retain control of the Senate by a margin of 32–31. Newly elected Democratic Sen. Marisol Alcantara also announced that she would join the IDC, after Klein assisted her campaign. Liberal groups in New York State, including the Working Families Party , called on Gov. Cuomo to intervene and pressure Sen. Felder, the IDC, and the Senate Democratic Conference to unite. On January 2, 2017, Senate Majority Leader Flanagan and Senate IDC Leader Klein announced

1200-550: The Graduate Center of the City University of New York. He taught courses at Hunter College until 2002, and served as an Assistant Professor of Political Science at Pace University until his first election in 2010. Rivera has served in politics by serving as campaign manager for politicians such as Phil Reed and his future colleagues Jose M. Serrano and Andrea Stewart-Cousins . In September 2010, he

1260-469: The IDC in December 2012. On December 17, 2012, Senate Democrats elected Andrea Stewart-Cousins as Senate Democratic Leader. Stewart-Cousins became the first woman in history to lead a conference in the New York State Legislature . Malcolm Smith was expelled from the IDC in April 2013 due to a scandal in which he attempted to bribe the Republican Party chairs in New York City for a Wilson Pakula to run in

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1320-426: The IDC. In June 2014, the IDC announced that it would end its political alliance with the Republicans and create a new one with the Senate Democratic Conference, citing a need "to fight for the core Democratic policies that are left undone." In the 2014 elections, Senate Republicans retook an outright majority in the Senate. The election results meant that Klein lost his position as co-leader, with Skelos taking over as

1380-569: The Republican Conference and the Democratic Conference. Due to a vacancy in the office of the Lieutenant Governor, there was no way to break the deadlock. Between June 8 and the end of the "coup" on July 9, the Senate did not conduct any official business. According to The New York Times , Espada's power play "threw the Senate into turmoil and hobbled the state government, making the body a national laughingstock as

1440-530: The Senate Majority Leader and Temporary President of the Senate and regaining sole control over which bills would reach the Senate floor. After the election, the IDC reversed course and continued its alliance with the Republicans in the 2015 legislative session despite their conference's diminished role. On May 4, 2015, U.S. Attorney Preet Bharara announced the arrest of Senate Majority Leader Dean Skelos (along with his son, Adam Skelos) and

1500-483: The Senate by a vote of 33–29. Governor Andrew Cuomo signed it into law at 11:55 P.M. On March 15, 2012, Gov. Cuomo signed redistricting legislation that added a 63rd State Senate district. Months prior to the passage of the redistricting legislation, the New York Daily News reported that according to Republican sources, adding a 63rd seat "to the current 62-member body would...make political coups like

1560-627: The Senate. The Republicans hold 21 seats, and one seat is vacant. Democrats won 32 of 62 seats in New York's upper chamber in the 2008 general election on November 4, capturing the Senate majority for the first time in more than four decades. However, a power struggle emerged before the new term began. Four Democratic senators — Rubén Díaz Sr. (Bronx), Carl Kruger (Brooklyn), Pedro Espada Jr. (Bronx), and Hiram Monserrate (Queens) — immediately refused to caucus with their party. The self-named "Gang of Four" refused to back Malcolm Smith (Queens) as

1620-486: The State Senate was the last Republican-controlled body in New York's government. In the 2018 elections , Democrats gained eight Senate seats, taking control of the chamber from the Republicans. In the 2020 elections , Democrats won a total of 43 seats, while Republicans won 20; the election results gave Senate Democrats a veto-proof two-thirds supermajority. As of October 2024, the Democratic Party holds 41 seats in

1680-537: The Temporary Presidency. On February 9, 2010, the Senate voted to expel Monserrate from the Senate following a misdemeanor domestic violence conviction. Espada was defeated in a September 2010 primary election in which the Democratic Party backed his challenger, Gustavo Rivera . Republicans retook the Senate majority in the 2010 elections, winning 32 seats to the Democrats' 30 on Election Day. One Republican Senate incumbent (Sen. Frank Padavan of Queens)

1740-523: The Weatherill Amendment to the House of Lords Act 1999 , which preserved 92 hereditary peers in the house. Compromise and negotiation between the two houses make the Parliament Act a very rarely used backup plan. Even without a veto, an upper house may defeat legislation. Its opposition may give the lower chamber a chance to reconsider or even abandon a controversial measure. It can also delay

1800-634: The abolition, while the centrist Fianna Fáil was alone among major parties in supporting the retention of the Seanad. Gustavo Rivera (politician) Rivera was born and raised in Santurce, San Juan, Puerto Rico . He received a B.A. in political science from the University of Puerto Rico in May 1998. Following graduation, Rivera moved to New York to begin a doctoral program in political science at

1860-471: The arrest of Assembly Speaker Sheldon Silver . Within days, Skelos announced that he was stepping down as leader of the Republican Caucus and as Majority Leader. Senator John Flanagan , of Suffolk County, became the new Majority Leader, and the first Majority Leader from Suffolk County. After Skelos was convicted in December 2015, his seat was declared vacant, with a special election to be held on

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1920-488: The bill. Sen. Alesi opted to retire instead of facing a potential primary challenge; Sen. McDonald lost a Republican primary to Saratoga County Clerk Kathy Marchione; and Sen. Saland won his Republican primary, but lost the general election to Democrat Terry Gipson after Saland's Republican primary challenger, Neil Di Carlo, remained on the ballot on the Conservative line and acted as a spoiler. On December 4, 2012, it

1980-449: The business of government for frivolous or merely partisan reasons. These conventions have tended to harden with a passage of time. In presidential systems, the upper house is frequently given other powers to compensate for its restrictions: There are a variety of ways an upper house's members are assembled: by direct or indirect election, appointment or a mixture of these. Many upper houses are not directly elected but appointed: either by

2040-707: The challengers prevailed. Another Democratic incumbent, Martin Malave Dilan , was also defeated by a primary challenger ( Julia Salazar , a self-described democratic socialist ). On November 6, 2018, the Democratic Party gained eight seats and won control of the State Senate. Democratic challengers defeated incumbent Republican Sens. Carl Marcellino, Kemp Hannon, Martin Golden, Terrence Murphy, and Elaine Phillips and won races in three districts (Districts 3, 39, and 42, respectively) in which Republican incumbents had not sought re-election. The mainstream Democrats won 39 seats,

2100-480: The chamber's majority leader and sought concessions. Monserrate soon rejoined the caucus after reaching an agreement with Smith that reportedly included the chairmanship of the Consumer Affairs Committee. The remaining "Gang of Three" reached an initial compromise in early December that collapsed within a week, but was ultimately resolved with Smith becoming majority leader. At the beginning of

2160-503: The conference. In the 2016 elections, Senate Republicans lost one seat on Long Island and gained an upstate seat in Buffalo. On Long Island, freshman Sen. Michael Venditto was defeated in a close race by Democrat John Brooks. In Buffalo, the open seat vacated by Democratic Sen. Mark Panepinto (who did not seek re-election) was won by Republican Erie County Clerk Chris Jacobs. Sen. Simcha Felder announced that he would continue to caucus with

2220-615: The continuation of their coalition. In late January 2017, Senator Jose Peralta announced that he was joining the IDC, expanding the IDC to 8 members, the Republican-IDC-Felder coalition to 40 members, and reducing the Democratic conference to 23 members. On April 4, 2018, the IDC announced that it would dissolve, that its members would rejoin the Senate Democratic Conference, that Stewart-Cousins would continue as Senate Democratic Leader, and that Sen. Klein would become

2280-531: The feuding factions shouted and gaveled over each other in simultaneous legislative sessions." The "coup" also led to litigation. On July 9, 2009, the "coup" ended. Espada rejoined the Senate Democratic Conference after reaching a deal in which he would be named Senate Majority Leader, Sampson would remain Senate Democratic Leader, and Smith would be Temporary President of the Senate during a "transition period" after which Sampson would ascend to

2340-529: The first woman to hold the post. In July 2019, Simcha Felder was accepted into the Senate Democratic Conference; this action gave the Conference a total of 40 members. During the 2019-2020 session, Republican Bob Antonacci resigned his seat to become a trial court judge, and eight other members of the Senate Republican Conference announced that they would not seek re-election in 2020. In anticipation of Leader Flanagan's resignation on June 28, Sen. Rob Ortt

2400-550: The head of state, by the head of government or in some other way. This is usually intended to produce a house of experts or otherwise distinguished citizens, who would not necessarily be returned in an election. For example, members of the Senate of Canada are appointed by the Governor General on the advice of the Prime Minister. In the past, some upper houses had seats that were entirely hereditary, such as in

2460-450: The leadership of Senate Democratic Leader John Sampson. In March 2011, "Gang of Four" member Senator Carl Kruger surrendered to bribery charges. He later pleaded guilty to those charges in December 2011. On March 20, 2012, Republican David Storobin defeated Democrat Lew Fidler in a special election to fill Kruger's vacated seat; results of the special election took weeks to finalize. On June 24, 2011, same-sex marriage legislation passed

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2520-566: The members of the State Legislative Council (Vidhan Parishad) are nominated by local governments, one-third by sitting legislators, and the rest are elected by select members of the electorate. The United States Senate was chosen by state legislatures until the passage of the Seventeenth Amendment in 1913. The upper house may be directly elected but in different proportions to the lower house - for example,

2580-557: The one that shut down the chamber two years ago more difficult". The Daily News added: "Insiders note that adding a 63rd seat in the state Senate would avoid any legislative chaos by ensuring one party would be in the majority – as opposed to now, with an even number of seats". Following a lawsuit, the New York Court of Appeals upheld the enacted redistricting plan on May 3, 2012. In the November 6, 2012 elections, Democrats won

2640-588: The presidential primary of 2016. The special election was won by Democrat Todd Kaminsky, resulting in the Democratic Party having a numerical 32–31 advantage over the Republicans in the State Senate. Despite this, both Senator Felder and the members of the IDC chose to remain in coalition with the Republican majority. Late in 2016, Senator Jesse Hamilton announced his intention to join the IDC if re-elected. The IDC aided Hamilton in his first election in 2014, which had resulted in speculation he would eventually join

2700-533: The restoration of a bicameral Congress via a constitutional amendment in 1941, and via adoption of a new constitution in 1987. A previous government of Ireland (the 31st Dáil) promised a referendum on the abolition of its upper house , the Seanad Éireann , during the 24th Seanad session. By a narrow margin, the Irish public voted to retain it. Conservative-leaning Fine Gael and Left-leaning Sinn Féin both supported

2760-404: The same form by both houses. Additionally, a Government must have the consent of both to remain in office, a position which is known as "perfect bicameralism" or "equal bicameralism." The role of a revising chamber is to scrutinise legislation that may have been drafted over-hastily in the lower house and to suggest amendments that the lower house may nevertheless reject if it wishes to. An example

2820-599: The senates of Australia, Brazil and the United States have a fixed number of elected members from each state, regardless of the population. Many jurisdictions once possessed upper houses but abolished them to adopt unicameral systems, including Croatia , Denmark , Estonia , Hungary , Iceland , Iran , Mauritania , New Zealand , Peru , Sweden , Turkey , Venezuela , many Indian states , Brazilian states , Canadian provinces , subnational entities such as Queensland , and some other jurisdictions. Newfoundland had

2880-485: The shortest-tenured senator in modern New York history. Amedore would eventually win a rematch with Tkaczyk in 2014. Of the four Republican state senators who voted for the Marriage Equality Act in 2011 (Sens. Roy McDonald , James Alesi , Mark Grisanti , and Stephen Saland ),) only Grisanti was re-elected in 2012. The Conservative Party of New York withdrew support for any candidate who had voted for

2940-513: The state budget". Sens. Klein and Skelos also agreed that the title of Senate President would shift back and forth between the two of them every two weeks. Together, the Senate Republicans and the IDC held enough seats to form a governing majority; that majority was augmented when freshman Sen. Simcha Felder of Brooklyn, a Democrat, joined the Senate Republican Conference. Also, former Democratic Senate Majority Leader Malcolm Smith joined

3000-561: The two houses have sometimes reached a constitutional standoff. For example, when the Labour Government of 1999 tried to expel all hereditary peers from the Lords, the Lords threatened to wreck the Government's entire legislative agenda and to block every bill which was sent to the chamber. This standoff led to negotiations between Viscount Cranborne, the then Shadow Leader of the House, and the Labour Government, resulting in

3060-403: The upcoming New York City mayoral election . Former Senate Minority Leader John L. Sampson was expelled from the Senate Democratic Conference on May 6, 2013, following his arrest on embezzlement charges. Sampson later forfeited his Senate seat after being convicted of making false statements to federal agents in relation to the initial embezzlement case. In February 2014, Tony Avella joined

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3120-550: The upper house is frequently seen as an advisory or a "house of review" chamber; for this reason, its powers of direct action are often reduced in some way. Some or all of the following restrictions are often placed on upper houses: In parliamentary democracies and among European upper houses the Italian Senate is a notable exception to these general rules, in that it has the same powers as its lower counterpart: any law can be initiated in either house and must be approved in

3180-422: The upper house is usually smaller and often has more restricted power than the lower house. A legislature composed of only one house (and which therefore has neither an upper house nor a lower house) is described as unicameral . An upper house is usually different from the lower house in at least one of the following respects (though they vary among jurisdictions): Powers: Status: In parliamentary systems

3240-426: The vote as a "parliamentary coup". The move came after Republican whip Tom Libous introduced a surprise resolution to vacate the chair and replace Smith as temporary president and majority leader. In an effort to stop the vote, Democratic whip Jeff Klein (Bronx) unilaterally moved to recess, and Smith had the lights and Internet cut off; however, they were unable to prevent the vote from being held. In accordance with

3300-439: Was announced that Senate Republicans had reached a power-sharing deal with the four-member Independent Democratic Conference (IDC). Under their power-sharing arrangement, the IDC and the Senate Republicans to "jointly decide what bills [would] reach the Senate floor each day of the session", would "dole out committee assignments", would "have the power to make appointments to state and local boards", and would "share negotiations over

3360-407: Was created through the redistricting process in 2012—was noteworthy because the candidate who was sworn in as the victor was later found, following a recount, to have lost the election. Republican George Amedore was sworn in to the State Senate following the election. However, a recount revealed that Democrat Cecilia Tkaczyk had defeated Amedore by 18 votes; therefore, Amedore vacated the seat, becoming

3420-498: Was defeated by Patty Ritchie , and Craig M. Johnson was defeated by Jack Martins . Just before the new legislative session convened in January 2011, four Senate Democrats—led by former Democratic whip Jeff Klein—broke away from the Senate Democratic Conference to form an Independent Democratic Conference (IDC). Klein said that he and his three colleagues, Diane Savino , David Carlucci and David Valesky could no longer support

3480-414: Was defeated, while Democratic candidate David Carlucci was elected to an open seat in Senate District 38 that had been vacated due to the death of Republican Senator Thomas Morahan on July 12, 2010. Four Democratic incumbents lost their seats to Republicans in the 2010 elections: Sen. Brian Foley was defeated by Lee Zeldin , Sen. Antoine Thompson was defeated by Mark Grisanti , Sen. Darrel Aubertine

3540-620: Was named one of City Hall ' s "40 under 40" for being a young influential member of New York City politics. As of 2024, Rivera was single and resided in University Heights . After serving as Director of Outreach under United States Senator Kirsten Gillibrand , Rivera decided to run for the New York State Senate in 2010. The incumbent, Senator Pedro Espada Jr. , had long been a staple in Bronx politics. Espada

3600-500: Was named the leader of the Senate Republican Conference. On July 20, 2020, Sen. Chris Jacobs stepped down after being elected to the United States House of Representatives . In the 2020 elections, Senate Democrats won a total of 43 seats, while Republicans won 20. Sen. Tim Kennedy ran for the U.S. House of Representatives in 2024 and prevailed; he left the Senate and became a member of Congress. As of October 2024,

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