Misplaced Pages

New York State Executive Department

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
#755244

58-591: The New York State Executive Department of the New York state government serves as the administrative department of the Governor of New York . This department has no central operating structure ; it consists of a number of divisions, offices, boards, commissions, councils, and other independent agencies that provide policy advice and assistance to the governor and conduct activities according to statute or executive order . Its regulations are compiled in title 9 of

116-446: A legislature . Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. In consensus democracy the supermajority rule is applied in most cases. The first known use of a supermajority rule was in the 100s BC in ancient Rome . Pope Alexander III introduced the use of supermajority rule for papal elections at

174-518: A plebiscite . A two-thirds majority of the Senate is required to ratify treaties, and to remove an impeached official from office. Impeachment by the House, which is the required first step in the removal process, only requires one-third of Representatives to sign a petition (specifically a verified complaint or resolution of impeachment). Different amendment procedures apply to different parts of

232-551: A general nature are codified in the Consolidated Laws of New York . The New York State Senate has 32 standing committees , this ranks them second place to Mississippi which has 35. The Assembly on the other hand has 37 standing committees which compared to other houses of the nation is the 5th largest. Committees have legislative jurisdiction for the communities or agencies they represent. Committees are responsible for reviewing bills before deciding to report them to

290-595: A local constitution that is subject to the 1978 Constitution and national powers. The Statute of Autonomy of the Canary Islands states that its economic and fiscal regime and electoral law need a two-thirds majority of the Parliament to be modified. On its behalf, the Ombudsman needs a three-fifths majority to be appointed. Also, if a two-thirds majority votes against a law project, it must be proposed to

348-702: A part of the Finnish Constitution requires at least the approval of 134 out of 200 representatives in the Parliament of Finland Article 368 of the Indian Constitution requires a supermajority of two-thirds of members present and voting in each house of the Indian Parliament , subject to at least by a majority of the total membership of each House of Parliament, to amend the constitution. In addition, in matters affecting

406-672: A two-thirds majority of the corresponding legislative assembly. Under the 1987 Constitution of the Philippines , a two-thirds majority of both chambers of the Congress of the Philippines (the House of Representatives and the Senate ) meeting in joint session is required to declare war . A two-thirds majority of both chambers is required to override a presidential veto . A two-thirds vote of both chambers of Congress voting separately

464-441: A two-thirds vote. The two-thirds requirement can be qualified to include the entire membership of a body instead of only those present and voting, but such a requirement must be explicitly stated (such as "two-thirds of those members duly elected and sworn"). In this case, abstentions and absences count as votes against the proposal. Alternatively, the voting requirement could be specified as "two-thirds of those present", which has

522-523: A vote of two-thirds of all its Members, call a constitutional convention , or by a majority vote of all its Members, submit to the electorate the question of calling such a convention." A three-quarters vote of all the members of the Congress is required to propose an amendment to the Constitution; the proposed amendment is submitted to the people for ratification (by a majority of the votes cast) in

580-666: Is a cycle that takes place from the first month of the year up until a budget has been published by both houses. According to the New York State Legislative Calendar, session convenes January 9th throughout June 19th. Budget deadline is the last week of March, but historically it has dragged on 'til the month of August and can even surpass that if the Senate and the Assembly fails to compromise. During session both houses work both together and independently to introduce bills and propose changes or support for

638-491: Is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority . Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions , especially those with entrenched clauses , commonly require supermajority support in

SECTION 10

#1732772574756

696-487: Is divided into counties, cities, towns, and villages, which are all municipal corporations with their own government that provide most local government services. Whether a municipality is defined as a city, town, or village is not dependent on population or land area, but rather by the form of government selected by the residents and approved by the New York State Legislature. Each such government

754-724: Is enough to pass the proposal. Nevertheless, when a new Constitution is proposed or the proposal's goal is to reform the Preliminary Title, the Chapter on Fundamental Rights and Freedoms or the Title on the Crown, the supermajority becomes significantly harder: The first way has been used twice (1992 and 2011), but the second has never been used. The Spanish Constitution states other supermajorities: Each Spanish autonomous community has its own Statute of Autonomy , working like

812-734: Is granted varying home rule powers as provided by the New York Constitution, and a local law has a status equivalent with a law enacted by the Legislature (subject to certain exceptions and restrictions). New York also has various corporate entities that serve single purposes that are also local governments, such as school and fire districts as well as New York state public-benefit corporations , frequently known as authorities or development corporations . New York has 62 counties, which are subdivided into 932 towns and 62 cities; it also has 10 Indian reservations . In total,

870-410: Is headed by the speaker; the Senate is headed by the president, a post held ex officio by the lieutenant governor , who only has a tie-breaking " casting vote ", but more often it is presided over by the temporary president or by a senator of the majority leader's choosing. The Legislature is empowered to make laws, subject to the governor's power to veto a bill. However, the veto may be overridden by

928-579: Is needed. Reforms to the Constitution need to achieve a supermajority of two-thirds of the votes both in the Chamber and in the Senate to avoid the possibility of being sent to popular vote in order to be confirmed through a referendum. Amendments to the constitution require a two-thirds majority in both houses of the National Diet and a simple majority in a referendum. Section 268 of

986-554: Is only a simple majority, a referendum must be held on the subject. The Council of the European Union uses 'Qualified majority voting' for the majority of issues brought before the institution. However, for matters of extreme importance for individual member states, unanimous voting is implemented. An example of this is Article 7 of the Treaty on European Union , whereby a member state can have its rights suspended with

1044-503: Is required in the House of Representatives or a majority is needed in a national referendum . Under the Constitution of Nigeria a two-thirds majority is required in the National Assembly to alter the Constitution, enact legislation in a few areas, or remove office holders from some positions, such as Speaker. Legislative override or impeachment of the executive at either the state or federal government level also requires

1102-465: Is required to designate the vice president as acting president in the event that a majority of the Cabinet certifies that the president is "unable to discharge the powers and duties of his office" but the president declares that no such inability exists. A two-thirds vote of either chamber is required to suspend or expel a member from that chamber. Under the 1987 Constitution, "The Congress may, by

1160-736: The New York Codes, Rules and Regulations . At the time of the New York's 1920s constitutional reforms , the Executive Department—headed by the Governor—housed only a few core functions such as budgeting , procurement , the state police and military and naval affairs. Since that time, numerous agencies have been created within the Executive Department to accommodate governmental functions not anticipated in

1218-646: The New York State Register and compiled in the New York Codes, Rules and Regulations (NYCRR). There are also numerous decisions, opinions, and rulings of state agencies. The New York State Legislature is bicameral and consists of the New York State Senate and the New York State Assembly . The Assembly consists of 150 members; the Senate varies in its number of members, but currently has 63. The Assembly

SECTION 20

#1732772574756

1276-496: The Australian Constitution , a referendum is required and must achieve a " double majority ": a majority of those voting nationwide, as well as separate majorities in a majority of states (i.e., 4 out of 6 states). Furthermore, in circumstances where a specific state is affected by a referendum, a majority of voters in that state must also agree to the change —referred to as a "triple majority". Article 142 of

1334-471: The Constitution of Bangladesh stipulates a bill in the Jatiya Sangsad must expressly state in its short title its purpose is to amend a provision of the constitution. Constitutional amendments require a two-thirds majority in the unicameral Jatiya Sangsad to become effective. In Canada, most constitutional amendments can be passed only if identical resolutions are adopted by the House of Commons,

1392-403: The Constitution of Colorado was amended to require a 55% majority to pass new constitutional amendments by popular vote. It had previously been a simple majority. Parliamentary procedure requires that any action that may alter the rights of a minority have a supermajority requirement. Robert's Rules of Order states: As a compromise between the rights of the individual and the rights of

1450-563: The Constitution of South Korea , impeachment of the President requires a two-third majority of legislators to be effective. According to Article 113 of the Constitution of South Korea, the Constitutional Court requires a two-thirds majority of its judges to issue rulings nullifying laws, removing impeached officials or dissolving a political party. According to Article 130 of the Constitution of South Korea, amendments to

1508-605: The Electoral Act sets out a number of 'reserved provisions'. These provisions include section 17(1) of the Constitution Act 1986 (regarding Parliament 's term length), section 35 of the Electoral Act (regarding the drawing of electoral boundaries), and section 74 of the Electoral Act (designating 18 as the minimum voting age). For a 'reserved provision' to be amended or repealed, a three-quarters majority

1566-703: The Third Lateran Council in 1179. In the Democratic Party of the United States, a rule requiring the determination of a presidential nominee required the votes of two-thirds of delegates to the Democratic National Convention was adopted at the party's first presidential nominating convention in 1832 . The two-thirds rule gave southern Democrats a de facto veto over any presidential nominee after

1624-739: The US federal government , it is composed of three branches: executive , legislative , and judicial . The head of the executive is the governor . The Legislature consists of the Senate and the Assembly . The Unified Court System consists of the Court of Appeals and lower courts. The state is also divided into counties, cities, towns, and villages, which are all municipal corporations with their own government. The elected executive officers are: There are several (limited to twenty ) state government departments: Regulations are promulgated and published in

1682-1407: The Ways and means committee . Senate Standing Committees: Administrative Regulations Review Commission, Aging, Agriculture, Alcoholism And Substance Abuse, Banks, Budget And Revenues, Children And Families, Cities, Civil Service And Pensions, Codes, Commerce, Economic Development And Small Business, Consumer Protection, Corporations, Authorities And Commissions, Crime Victims, Crime And Correction, Cultural Affairs, Tourism, Parks And Recreation, Domestic Animal Welfare, Education, Elections, Energy And Telecommunication, Environmental Conservation, Ethics And Internal Governance, Finance, Health, Higher Education, Housing, Construction And Community Development, Insurance, Internet And Technology, Investigations And Government Operations, Judiciary, Labor, Legislative Commission On Rural Resources, Legislative Women's Caucus, Libraries, Local Government, Mental Health And Developmental Disabilities, New York City Education, Racing, Gaming And Wagering, Rules, Science, Technology, Incubation And Entrepreneurship, Social Services, State-Native American Relations, Task Force For Demographic Research And Reapportionment, The New York State Black, Puerto Rican, Hispanic And Asian Legislative Caucus , Transportation, Veterans, Homeland Security And Military Affairs, Women's Issues. The New York State Assembly Legislative session

1740-704: The divisions, offices, boards, commissions, councils, and other independent agencies that are part of the New York State Executive Department are the: Government of New York (state) The Government of the State of New York , headquartered at the New York State Capitol in Albany , encompasses the administrative structure of the U.S. state of New York , as established by the state's constitution . Analogously to

1798-519: The ordinary legislative procedure the EP is required to act by an absolute majority if it is to either amend or reject proposed legislation. According to Finnish Law , when a new legislative proposal would in some way add, alter or remove a part of the Finnish constitution, a bill requires a 2/3 majority in the Parliament of Finland . In other words, a legislative proposal that would modify, add or remove

New York State Executive Department - Misplaced Pages Continue

1856-683: The 1920s, while conforming with the limits established by the Constitution. These additions include divisions and offices that do not logically fit into the framework of the other departments, such as the Division of Veterans' Affairs (which advises veterans on services, benefits and entitlements, and administers payments of bonuses and annuities to blind veterans) and the Office of General Services (which provides centralized data processing , construction, maintenance and design services as well as printing, transportation and communication systems). Some of

1914-544: The Civil War, which lasted until the rule was abolished in 1936 . In the Federalist Papers , Alexander Hamilton and James Madison were critical of supermajority requirements. In Federalist 22, Hamilton wrote that while preventing harmful legislation from being passed, such requirements also prevented beneficial legislation from being passed, and "its real operation is to embarrass the administration, to destroy

1972-509: The Constitution. Most of the Articles of the Constitution may be amended by a bill enacted by Parliament if there is at least a supermajority of two-thirds of all elected MPs voting in favour of the bill during its Second and Third Readings in Parliament. This is in contrast to ordinary bills, which only need to be approved by at least a simple majority of all the MPs present and voting. However,

2030-589: The European Union envoy Miroslav Lajčák proposed independence if a 55% supermajority of votes are cast in favor with a minimum turnout of 50%. Such procedure, ultimately accepted by the government of Montenegro , was somewhat criticized as overriding the traditional practice of requiring a two-thirds supermajority, as practiced in all former Yugoslav countries before (including the previous referendum in Montenegro ). The requirement for 50% turnout has also been criticized for causing no-show paradoxes . In 2016,

2088-430: The Legislature if there is a two-thirds majority in favor of overriding in each House. Furthermore, it has the power to propose amendments to the New York Constitution by a majority vote and then another majority vote following an election. If so proposed, the amendment becomes valid if agreed to by the voters at a referendum . The session laws are published in the official Laws of New York . The permanent laws of

2146-620: The Senate and two-thirds or more of the provincial legislative assemblies representing at least 50 percent of the national population. Article 20 of the Constitution of Denmark states that if the government or parliament wants to cede parts of national sovereignty to an international body such as the European Union or the United Nations , it has to get a five-sixths majority in the Folketing (150 out of 179 seats). If there

2204-435: The assembly, the principle has been established that a two-thirds vote is required to adopt any motion that: (a) suspends or modifies a rule of order previously adopted; (b) prevents the introduction of a question for consideration; (c) closes, limits, or extends the limits of debate; (d) closes nominations or the polls, or otherwise limits the freedom of nominating or voting; or (e) takes away membership. To pass an amendment to

2262-482: The basis of a majority, a supermajority can be specified using any fraction or percentage which is greater than one-half. Common supermajorities include three-fifths (60%), two-thirds (66.666...%), and three-quarters (75%). A two-thirds vote, when unqualified, means two-thirds or more of the votes cast. This voting basis is equivalent to the number of votes in favor being at least twice the number of votes against. Abstentions and absences are excluded in calculating

2320-406: The constitution must be passed by a two-thirds majority of legislators and then approved by voters at a referendum in order to become effective. The 1978 Constitution states that a three-fifths majority in both Congress of Deputies and Senate of Spain is needed to pass a constitutional reform, but if a two-thirds majority is reached in the Congress of Deputies, an absolute majority of senators

2378-533: The constitution, except for Chapter I — "General Principles," Chapter III — "Elections. Referendum", and Chapter XIII — "Introducing Amendments to the Constitution of Ukraine", must be previously approved by a simple majority of the constitutional composition of the Verkhovna Rada of Ukraine and then passed by a two-thirds majority of the constitutional composition of the Verkhovna Rada of Ukraine at

New York State Executive Department - Misplaced Pages Continue

2436-442: The effect of counting abstentions but not absences as votes against the proposal. For example, if an organization has 150 members and at a meeting 30 members are present with 25 votes cast, a "two-thirds vote" would be 17. ("Two-thirds of those present" would be 20, and "two-thirds of the entire membership" would be 100.) Another type of supermajority is three-fifths (60 percent). This requirement could also be qualified to include

2494-470: The energy of government, and to substitute the pleasure, caprice or artifices of an insignificant, turbulent or corrupt junto, to the regular deliberations and decisions of a respectable majority." Hamilton also wrote that such a requirement would encourage "contemptible compromises of the public good". In Federalist 58, Madison wrote that supermajority requirements might help impede the passage of "hasty and partial measures", but "[i]n all cases where justice or

2552-588: The entire membership or to include those present. In 2006, the Constitution of Florida was amended to require a 60% majority to pass new constitutional amendments by popular vote. In Poland , the Sejm ( lower house of the bicameral parliament of Poland ) requires a three-fifths majority of MPs to overturn a veto from the President of Poland . For the Montenegrin independence referendum held in 2006

2610-767: The following session. Before the Additional Articles of the Constitution of the Republic of China in 2005, the constitution amendments need to be passed by the National Assembly . Since the Additional Articles ratified on June 7, 2005, the National Assembly was abolished. Amendments of the constitution need to be proposed by more than one-quarter of members of the Legislative Yuan, passed by three-quarters of those present in

2668-418: The general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed. It would be no longer the majority that would rule; the power would be transferred to the minority." Madison also wrote that such requirements would encourage secession . A majority vote , or more than half the votes cast, is a common voting basis . Instead of

2726-405: The governor's executive budget. During the legislative session for both houses (Senate and Assembly): The New York State Unified Court System interprets and applies the law of New York , ensures equal justice under law , and provides a mechanism for dispute resolution . The court system in New York tends to produce mild confusion for outsiders. In general, the judicial system is composed of

2784-488: The intermediate appellate court for many cases, and the local courts handle a variety of other matters and are the starting point for all criminal cases. The New York City courts make up the largest local court system. The system is administered by the chief judge of the Court of Appeals , also known as the chief judge of New York, the chief administrative judge , the Office of Court Administration and other agencies. The state

2842-443: The meeting, the presence of which must surpass three-quarters of all members of Legislative Yuan, then followed by approval by more than half (50%) of all eligible voters in referendums . In Turkey, constitutional amendments need a three fifths majority (360 votes) to be put forward to a referendum and a two-thirds majority (400 votes) to be ratified directly. According to Article 155 of the Constitution of Ukraine , amendments to

2900-439: The ruling People's Action Party (PAP) has commanded a majority of more than two-thirds of the seats in Parliament since 1968. Thus, the more stringent amendment requirement has not imposed any major limitation on Parliament's ability to amend the Constitution. A three-fifths majority of legislators is required for a bill to be put to a vote in the National Assembly in order to prevent the ruling party from passing laws without

2958-403: The state and its local governments. New York cannot interfere with tribal self-government , but may regulate conduct on tribal territory concerning non-Native Americans. For example, federal law forbids states and local authorities to tax Indian lands; however, the state can and does tax sales of cigarettes to non-tribe members on tribal territory. Two-thirds majority A supermajority

SECTION 50

#1732772574756

3016-469: The state has over 3400 active local governments and over 4200 taxing jurisdictions. In 1898, when New York City was consolidated into its present form, all previous town and county governments within it were abolished in favor of the present five boroughs and unified, centralized city government (the New York City government ). Native Americans ' governments are significantly independent of

3074-426: The states and judiciary, at least above half of all the states need to ratify the amendment. The President of Italy is elected by an electoral college consisting of both chambers of Parliament sitting in joint session with 58 electors from the country's 20 regions . In the first three rounds of voting, a candidate must get two-thirds of the votes to win, but from the fourth round onwards only an absolute majority

3132-423: The succeeding regular session of the Verkhovna Rada of Ukraine. According to Article 156 of the Constitution of Ukraine, amendments to Chapter I — "General Principles," Chapter III — "Elections. Referendum", and Chapter XIII — "Introducing Amendments to the Constitution of Ukraine" must be passed by a two-thirds majority of the constitutional composition of the Verkhovna Rada of Ukraine and then approved by voters at

3190-406: The support of opposition parties. However, if a bill does not achieve the required three-fifths majority at one session without also being rejected, it must then be voted on at the next session even if less than three-fifths of legislators agree to do so. Additionally, if the President vetoes a bill, the veto can be overridden by a two-thirds majority of legislators. According to Article 65 of

3248-628: The trial courts, consisting of the superior courts and the local courts, and the appellate courts. The appellate courts are the: The superior courts are the: And the inferior courts are the local courts: The highest court of appeal is the Court of Appeals (instead of the "Supreme Court") whereas the primary felony trial court is the County Court (or the Supreme Court in New York City). The Supreme Court also acts as

3306-496: The unanimous approval of all other member states. After the accession of Croatia, on 1   July 2013, at least 260 votes out of a total of 352 by at least 15 member states were required for legislation to be adopted by qualified majority. From 1   July 2013, the pass condition translated into: Requirements to reach an absolute majority is a common feature of voting in the European Parliament (EP) where under

3364-689: The voting floor. Standing committees on the Assembly side includes: Aging, Agriculture, Alcoholism and Drug Abuse, Banks, Children and Families, Cities, Codes, Consumer Affairs and Protection, Corporations, Correction, Economic Development, Education, Election Law, Energy, Environmental Conservation, Ethics, Governmental Employees, Governmental Operations, Health, Housing, Insurance, Judiciary, Labor, Libraries and Education Technology, Local Governments, Mental Health, Oversight/Analysis and Investigation, Racing and Wagering, Real Property Taxation, Rules, Small Businesses, Social Services, Tourism/Parks/Arts and Sports Development, Transportation, Veterans Affairs and lastly

#755244