THE NEW YORK STATE LEGISLATIVE PROCESS: AN ...

Fin. Network, Inc., 830 A.2d 711, 724 (Conn. 2003) (relying upon committee report); Beaulieu v.
The Aube Corp., 796 A.2d 683, 688-89 (Me. 2002) (same); Price v. State, 835 A.2d 1221, 1229 (Md.
2003) (same); In re P.A.F., 822 A.2d 572, 575 (N.J. 2003) (same); Columbus Park Hous. Corp. v. City
of Kenosha, 671 N.W.2d 633, 644 (Wis. 2003) (same); State ex rel. Morrison v. Oshman Sporting
Goods Co. Kansas, 69 P.3d 1087, 1093 (Kan. 2003) (relying upon committee hearings and meeting
minutes); Guthery v. Taylor, 112 S.W.3d 715, 723 (Tex. App. 2003) (relying upon committee bill
analysis). Significantly, a preliminary search of Westlaw suggests that New York State’s courts cite
legislative history for state laws much less frequently than courts in other states.
65 U.S. SEN. R. XVII, § 5; Senate Legislative Process, http://www.senate.gov/legislative/common/briefing/Senate_legislative_process.htm;
U.S. H.R. VIII §§ 2-6; Judy Schneider, House
Committee Organization and Process: A Brief Overview, in CRS REPORT FOR CONGRESS 4 (2001).
66 MAJOR LEGISLATION COMMITTEE ANALYSIS, supra note 11. Data were obtained for 152 of
the 294 pieces of major legislation passed by the Senate from 1997 through 2001. Gaps in the
available data for the remaining bills result from changes in members or committee staff that made
it impossible to confirm whether committee reports were prepared for a bill.
67 Id. Data were obtained for 181 of the 294 pieces of major legislation passed by the
Assembly from 1997 through 2001.
68 Id. Reports on the following bills were produced: A10817-B (amended the general business
and state finance laws to establish a statewide “no call” registry), Telephone Interview with
Todd Gold, Legislative Analyst, Consumer Affairs & Protection Committee (May 2003); A10239
(amended environmental conservation law by requiring study of the striped bass fishery in the
Hudson River), Telephone Interview with Alex Roth, Legislative Analyst, Environmental
Conservation Committee (May 2003).
69 E-mail Correspondence with B, Legislative Director to N.Y. State Assembly Member C
(Feb. 12, 2004) (on file with the Brennan Center).
70 GERALD BENJAMIN & ROBERT T. NAKAMURA, THE MODERN NEW YORK STATE
LEGISLATURE: REDRESSING THE BALANCE 44 (1991).
71 Chao-Chi Shan & Jeffrey M. Stonecash, Legislative Resources and Electoral Margins: New York
State Senate, 1950-1990, 19 LEG. STUD. Q. 79, 81 (1994).
72 ALAN G. HEVESI, LEGISLATIVE POLITICS IN NEW YORK STATE:A COMPARATIVE ANALYSIS
20, 61 (1975).
73 E-mail Correspondence from N.Y. State Sen. D (Oct. 21, 2003) (on file with the Brennan
Center).
74 E-mail Correspondence from B, Legislative Director for N.Y. Assemblymember C (Oct. 10,
2003) (on file with the Brennan Center).
75 E-mail Correspondence from N.Y. State Sen. D (Oct. 21, 2003) (on file with the Brennan
Center).
76 N.Y. ASSEMB. R. I, § 3(a) (“The use of the Assembly Chamber, lobbies, rooms and property
shall be controlled by the Speaker.”); N.Y. SEN. R. II, § 6 (“[The majority leader] shall have general
control, except as otherwise provided by law or in these rules, of the Senate Chamber and the
lobbies and galleries thereof, and of the rooms, corridors and passages in that part of the Capitol
and Legislative Office Building assigned to the use of the Senate, and any other property leased or
utilized by the Senate.”).
77 Telephone Interview with B, Legislative Director to N.Y. State Assembly Member C (Oct.
10, 2003).
78 E-mail Correspondence from B, Legislative Director for N.Y. Assembly Member C (Oct.
10, 2003) (on file with the Brennan Center).
ENDNOTES 63