Not many people are aware of the ritual that takes place in Albany every few days as local legislators gavel in at the Capitol to make sure the New York Senate and Assembly are continuously in session. The ruling class is under a constitutional mandate that requires them to keep the chambers open in case they want to call all the legislators back if they so desire, and at least one of their members has to come in and do it.
The task is usually handled by lawmakers who live in and around the Capitol, and it only takes a few minutes as they call things to order and then leave. The legislature's regular session ended in June, but if they don't hold a session every three days, the rule says the houses will "go dark," and they will lose their power to reconvene.
"Otherwise, we're at the whim of the mercy of the governor, and the legislature, as a rule, doesn't like to be in that position," said Assemblyman John McDonald III, a Cohoes Democrat who many times takes care of the task. "It preserves our ability that if something comes up that the legislature feels they need to come back and pass legislation, it can continue to do so."
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Assemblywoman Pat Fahy, an Albany Democrat, carries out the task in the lower house most often, including on Christmas Eve and New Year's. She even reportedly come to the People's House after a dental appointment during a snowstorm that caused her to total her car. "I also remind myself while climbing up those steps not to complain that I am privileged to represent the district I do," Fahy said. She also helped keep the legislature in session throughout the COVID pandemic lockdown.
During full sessions, the leadership has allowed members to phone it in, but the constitutional requirement to keep the sessions alive remains. "It is a power issue or a practice that's been so institutionalized," Fahy concluded.