THE CONSTITUTION
OF THE
STATE OF NEW YORK
As Revised, with Amendments Adopted by the Constitutional Convention of
1938 and Approved by vote of the People on November 8, 1938.
As Amended and in Force January 1, 2002, but with November 2003 results
included
ARTICLE I*
Bill of Rights
Sec.
1. Rights, privileges and franchise secured; uncontested primary
elections.
2. Trial by jury; how waived.
3. Freedom of worship; religious liberty.
4. Habeas corpus.
5. Bail; fines; punishments; detention of witnesses.
6. Grand jury; waiver of indictment; right to counsel; informing
accused; double jeopardy; self-incrimination; waiver of immunity
by public officers; due process of law.
7. Just compensation for taking private property; private roads;
drainage of agricultural lands.
8. Freedom of speech and press; criminal prosecutions for libel.
9. Right to assemble and petition; divorce; lotteries; pool-selling
and gambling; laws to prevent; certain state operated lotteries
authorized; pari-mutuel betting on horse races, and bingo or
lotto permitted.
10. (Repealed.)
11. Equal protection of laws; discrimination in civil rights
prohibited.
12. Security against unreasonable searches, seizures and
interceptions.
13. (Repealed.)
14. Common law and acts of the state legislatures.
15. (Repealed.)
16. Damages for injuries causing death.
17. Labor not a commodity; hours and wages in public work; right to
organize and bargain collectively.
18. Workers' compensation.
ARTICLE II
Suffrage
Sec.
1. Qualifications of voters.
2. Absentee voting.
3. Persons excluded from the right of suffrage.
4. Certain occupations and conditions not to affect residence.
5. Registration and election laws to be passed.
6. Permanent registration.
7. Manner of voting; identification of voters.
8. Bi-partisan registration and election boards.
9. Entitlement to vote for presidential electors.
ARTICLE III
Legislature
Sec.
1. Legislative power.
2. Number and terms of senators and assembly members.
3. Senate districts.
4. Readjustments and reapportionments; when federal census to
control.
5. Apportionment of assembly members; creation of assembly
districts.
5-a. Definition of inhabitants for purpose of apportioning.
6. Compensation, allowances and traveling expenses of members.
7. Members; qualifications; not to receive certain civil
appointments; acceptance to vacate seat.
8. Time of elections of members.
9. Powers of each house.
10. Journals; open sessions; adjournments.
11. Members not to be questioned for speeches.
12. Bills may originate in either house; may be amended by the
other.
13. Enacting clause of bills; no law to be enacted except by bill.
14. Manner of passing bills; message of necessity for immediate
vote.
15. Private or local bills to embrace only one subject to be
expressed in title.
16. Existing law not to be made applicable by reference.
17. Cases in which private or local bills shall not be passed.
18. Extraordinary sessions of the legislature; power to convene on
legislative initiative.
19. Private claims not to be audited by legislature; claims barred
by lapse of time.
20. Two-thirds bills.
21. Certain sections not to apply to bills recommended by certain
commissioners or public agencies.
22. Tax laws to state tax and object distinctly; exception.
23. When yeas and nays necessary; three-fifths to constitute quorum.
24. Prison labor; contract system abolished.
25. Continuity of state and local governmental operations in periods
of emergency.
ARTICLE IV
Executive
Sec.
1. Executive power; election and terms of governor and
lieutenant-governor.
2. Qualifications of governor and lieutenant-governor.
3. Powers and duties of governor; compensation.
4. Reprieves, commutations and pardons; powers and duties of governor
relating to grants of.
5. When lieutenant-governor to act as governor.
6. Qualifications, duties and compensation of lieutenant-governor;
succession to the governorship.
7. Action by governor on legislative bills; reconsideration after
veto.
8. Departmental rules and regulations; filing; publication.
ARTICLE V
Officers and Civil Departments
Sec.
1. Comptroller and attorney-general, election, qualifications and
duties; payment of state moneys without audit void.
2. Civil departments in state government.
3. Assignment of functions; number of departments may be reduced.
4. Department heads.
5. (Repealed.)
6. Civil service appointments and promotions; veterans' preferences
and credits.
7. Membership in retirement systems; benefits not to be diminished
nor impaired.
ARTICLE VI
Judiciary
Sec.
1. Unified court system for state established; organization; courts
of record; service and execution of process.
2. Court of appeals and judges thereof; designation of supreme
court justices to serve temporarily; judicial nominating
commission; filling of vacancies by appointment; confirmation
of appointments.
3. Court of appeals; jurisdiction.
4. Judicial departments; appellate divisions of supreme court and
justices thereof; temporary designation of additional
justices; transfer of appeals; jurisdiction.
5. Appeals from judgment or order; power of appellate court;
transfer of appeals taken to unauthorized appellate court.
6. Judicial districts; composition; supreme court continued;
justices of supreme court.
7. Jurisdiction of supreme court; new classes of actions.
8. Appellate terms of supreme court; composition and jurisdiction.
9. Court of claims continued; judges; jurisdiction.
10. County court continued; judges.
11. County court; jurisdiction; separate divisions.
12. Surrogate's court continued; judges; jurisdiction.
13. Family court established; composition; election and appointment
of judges; jurisdiction.
14. Combination of certain judicial offices.
15. New York city; city-wide courts established; merger; judges;
jurisdiction.
16. District courts; establishment; jurisdiction; judges; Nassau
county district court continued.
17. Town, village and city courts; jurisdiction; regulation; judges.
18. Trial by jury; trial without a jury; claims against the state.
19. Transfer of actions and proceedings.
20. Judicial office, qualifications and restrictions.
21. Vacancies; how filled.
22. Commission on judicial conduct; membership; organization and
procedure; review by court of appeals; discipline of judges.
23. Removal of certain judges and justices, by legislature; by
senate on recommendation of governor.
24. Court for the trial of impeachments.
25. Compensation and retirement of certain judges and justices.
26. Temporary assignments of justices or judges to other courts.
27. Supreme court; extraordinary terms.
28. Administrative supervision of the courts.
29. Allocation of cost of maintenance and operation of courts;
determination of annual financial needs of the courts.
30. Regulation of jurisdiction, practice and procedure of the
courts.
31. Peacemakers and other Indian courts continued.
32. Safeguarding religion of children under jurisdiction of court.
33. Existing laws to continue in force; legislature to implement
article.
34. Determination of pending appeals, actions and proceedings; terms
of judges and justices now in office.
35. Abolition of certain courts; disposal of records; transfer of
judges, justices, court personnel and pending actions and
proceedings.
36. Disposal of appeals, actions and proceedings.
36-a. Effective date of certain amendments to articles VI and VII.
36-c. Effective date of certain amendments to article VI, sec. 22.
37. Effective date of article.
ARTICLE VII
State Finances
Sec.
1. Estimates by departments, the legislature and the judiciary of
needed appropriations; hearings.
2. Executive budget.
3. Budget bills; appearances before legislature.
4. Action on budget bills by legislature; effect thereof.
5. Restrictions on consideration of other appropriations.
6. Restrictions on content of appropriation bills.
7. Appropriation bills.
8. Gift or loan of state credit or money prohibited; exceptions for
enumerated purposes.
9. Short term state debts in anticipation of taxes, revenues and
proceeds of sale of authorized bonds.
10. State debts on account of invasion, insurrection, war and forest
fires.
11. State debts generally; manner of contracting; referendum.
12. State debts generally; how paid; restrictions on use of bond
proceeds.
13. Refund of state debts.
14. State debt for elimination of railroad crossings at grade;
expenses; how borne; construction and reconstruction of state
highways and parkways.
15. Sinking funds; how kept and invested; income therefrom and
application thereof.
16. Payment of state debts; when comptroller to pay without
appropriation.
17. Authorizing the legislature to establish a fund or funds for tax
revenue stabilization reserves; regulating payments thereto and
withdrawals therefrom.
18. Bonus on account of service of certain veterans in world war II.
19. State debt for expansion of state university.
ARTICLE VIII
Local Finances
Sec.
1. Gift or loan or credit of local subdivisions prohibited;
exceptions for enumerated purposes.
2. Restrictions on indebtedness of local subdivisions; contracting
and payment of local indebtedness; exceptions.
2-a. Local indebtedness for water supply, sewage disposal and
drainage facilities and purposes; allocations and exclusions
of indebtedness.
3. Restrictions on creation and indebtedness of certain
corporations.
4. Limitations on local indebtedness.
5. Ascertainment of debt-incurring power of counties, cities, towns
and villages; certain indebtedness to be excluded.
6. Debt-incurring power of Buffalo, Rochester and Syracuse; certain
additional indebtedness to be excluded.
7. Debt-incurring power of New York city; certain additional
indebtedness to be excluded.
7-a. Debt-incurring power of New York city; certain indebtedness for
railroads and transit purposes to be excluded.
8. Indebtedness not to be invalidated by operation of this article.
9. When debt-incurring power of certain counties shall cease.
10. Limitations on amount to be raised by real estate taxes for
local purposes; exceptions.
10-a. Application and use of revenues from certain public
improvements.
11. Taxes for certain capital expenditures to be excluded from tax
limitation.
12. Further limitations on local powers of taxation and
indebtedness.
ARTICLE IX
Local Governments
Sec.
1. Bill of rights for local governments.
2. Powers and duties of legislature; home rule powers of local
governments; statute of local governments.
3. Existing laws to remain applicable; construction; definitions.
ARTICLE X
Corporations
Sec.
1. Corporations; formation of.
2. Dues of corporations.
3. Savings bank charters; restrictions on trustees; special charters
not to be granted.
4. Corporations; definition; right to sue and be sued.
5. Public corporations; restrictions on creation and powers;
accounts; obligations
6. Liability of state for payment of bonds of public corporation to
construct state thruways; use of state canal lands and
properties.
7. Liability of state for payment of obligations of port of New York
authority for purchase of railroad passenger equipment.
8. Liability of state for payment of obligations of public
corporation issued to finance new industrial or manufacturing
plants in depressed areas.
ARTICLE XI
Education
Sec.
1. Common schools.
2. Regents of the University.
3. Use of public property or money in aid of denominational schools
prohibited; transportation of children authorized.
ARTICLE XII
Defense
Sec.
1. Defense of state; organized militia.
ARTICLE XIII
Public Officers
Sec.
1. Oath of office; no other test for public office.
2. Duration of term of office.
3. Vacancies in office; how filled.
4. Political year and legislative term.
5. Removal from office for misconduct.
6. When office to be deemed vacant; legislature may declare.
7. Compensation of officers.
8. Election and term of city and certain county officers.
9-12. There are no sections 9-12.
13. Law enforcement and other officers.
14. Legislature may regulate wages, hours, etc. of public employees
and of persons employed on public contracts.
ARTICLE XIV
Conservation
Sec.
1. Forest preserve to be forever kept wild; certain uses and
exceptions authorized.
2. Reservoirs.
3. Forest and wild life conservation; use or disposition of certain
forest preserve lands authorized.
4. Protection of natural resources and the development of
agricultural lands.
5. Violations of article; how restrained.
ARTICLE XV
Canals
Sec.
1. Disposition of canals and canal properties prohibited.
2. Prohibition inapplicable to lands and properties no longer useful;
disposition authorized.
3. No tolls to be imposed; contracts for work and materials; no extra
compensation.
4. Lease or transfer of barge canal to federal government authorized.
ARTICLE XVI
Taxation
Sec.
1. Power of taxation; exemptions from taxation.
2. Assessments for taxation purposes.
3. Situs of intangible personal property; taxation of.
4. Certain corporations not to be discriminated against.
5. Compensation of public officers and employees subject to taxation.
6. Municipal redevelopment projects; allocation of real property
taxes therefor.
ARTICLE XVII
Social Welfare
Sec.
1. Public relief and care.
2. State board of social welfare; powers and duties.
3. Public health.
4. Care and treatment of persons suffering from mental disorder or
defect; visitation of institutions for.
5. Institutions for detention of criminals; probation; parole; state
commission of correction.
6. Visitation and inspection.
7. Loan of public funds for hospital facilities.
ARTICLE XVIII
Housing
Sec.
1. Housing and nursing home accommodations for persons of low income;
slum clearance.
2. Idem; powers of legislature in aid of.
3. Article VII to apply to state debts under this article, with
certain exceptions; amortization of state debts; capital and
periodic subsidies.
4. Powers of cities, towns and villages to contract indebtedness in
aid of low rent housing and slum clearance projects;
restrictions thereon.
5. Liability for certain loans made by the state to certain public
corporations.
6. Loans and subsidies; restrictions on and preference in occupancy
of projects.
7. Liability arising from guarantees to be deemed indebtedness;
method of computing.
8. Excess condemnation.
9. Acquisition of property for purposes of article.
10. Power of legislature; construction of article.
ARTICLE XIX
Amendments to Constitution
Sec.
1. Amendments to constitution; how proposed, voted upon and ratified;
failure of attorney-general to render opinion not to affect
validity.
2. Future constitutional conventions; how called; election of
delegates; compensation; quorum; submission of amendments;
officers; employees; rules; vacancies.
3. Amendments simultaneously submitted by convention and legislature.
ARTICLE XX
When to Take Effect
Sec.
1. Time of taking effect.
* Schedule supplied by the Legislative Bill Drafting Commission
THE CONSTITUTION
We The People of the State of New York, grateful to Almighty God for our
Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.
ARTICLE I
Bill of Rights
Section 1. No member of this state shall be disfranchised, or deprived of
any of the rights or privileges secured to any citizen thereof, unless by
the law of the land, or the judgment of his or her peers, except that the
legislature may provide that there shall be no primary election held to
nominate candidates for public office or to elect persons to party
positions for any political party or parties in any unit of representation
of the state from which such candidates or persons are nominated or elected
whenever there is no contest or contests for such nominations or election
as may be prescribed by general law.
§ 2. Trial by jury in all cases in which it has heretofore been
guaranteed by constitutional provision shall remain inviolate forever; but
a jury trial may be waived by the parties in all civil cases in the manner
to be prescribed by law. The legislature may provide, however, by law, that
a verdict may be rendered by not less than five-sixths of the jury in any
civil case. A jury trial may be waived by the defendant in all criminal
cases, except those in which the crime charged may be punishable by death,
by a written instrument signed by the defendant in person in open court
before and with the approval of a judge or justice of a court having
jurisdiction to try the offense. The legislature may enact laws, not
inconsistent herewith, governing the form, content, manner and time of
presentation of the instrument effectuating such waiver.
§ 3. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed in this
state to all humankind; and no person shall be rendered incompetent to be a
witness on account of his or her opinions on matters of religious belief;
but the liberty of conscience hereby secured shall not be so construed as
to excuse acts of licentiousness, or justify practices inconsistent with
the peace or safety of this state.
§ 4. The privilege of a writ or order of habeas corpus shall not be
suspended, unless, in case of rebellion or invasion, the public safety
requires it.
§ 5. Excessive bail shall not be required nor excessive fines imposed,
nor shall cruel and unusual punishments be inflicted, nor shall witnesses
be unreasonably detained.
§ 6. No person shall be held to answer for a capital or otherwise
infamous crime (except in cases of impeachment, and in cases of militia
when in actual service, and the land, air and naval forces in time of war,
or which this state may keep with the consent of congress in time of peace,
and in cases of petit larceny under the regulation of the legislature),
unless on indictment of a grand jury, except that a person held for the
action of a grand jury upon a charge for such an offense, other than one
punishable by death or life imprisonment, with the consent of the district
attorney, may waive indictment by a grand jury and consent to be prosecuted
on an information filed by the district attorney; such waiver shall be
evidenced by written instrument signed by the defendant in open court in
the presence of his or her counsel. In any trial in any court whatever the
party accused shall be allowed to appear and defend in person and with
counsel as in civil actions and shall be informed of the nature and cause
of the accusation and be confronted with the witnesses against him or her.
No person shall be subject to be twice put in jeopardy for the same
offense; nor shall he or she be compelled in any criminal case to be a
witness against himself or herself, providing, that any public officer who,
upon being called before a grand jury to testify concerning the conduct of
his or her present office or of any public office held by him or her within
five years prior to such grand jury call to testify, or the performance of
his or her official duties in any such present or prior offices, refuses to
sign a waiver of immunity against subsequent criminal prosecution, or to
answer any relevant question concerning such matters before such grand
jury, shall by virtue of such refusal, be disqualified from holding any
other public office or public employment for a period of five years from
the date of such refusal to sign a waiver of immunity against subsequent
prosecution, or to answer any relevant question concerning such matters
before such grand jury, and shall be removed from his or her present office
by the appropriate authority or shall forfeit his or her present office at
the suit of the attorney-general.
The power of grand juries to inquire into the wilful misconduct in office
of public officers, and to find indictments or to direct the filing of
informations in connection with such inquiries, shall never be suspended or
impaired by law. No person shall be deprived of life, liberty or property
without due process of law.
§ 7. (a) Private property shall not be taken for public use without just
compensation.
(c) Private roads may be opened in the manner to be prescribed by law;
but in every case the necessity of the road and the amount of all damage to
be sustained by the opening thereof shall be first determined by a jury of
freeholders, and such amount, together with the expenses of the
proceedings, shall be paid by the person to be benefited.
(d) The use of property for the drainage of swamp or agricultural lands
is declared to be a public use, and general laws may be passed permitting
the owners or occupants of swamp or agricultural lands to construct and
maintain for the drainage thereof, necessary drains, ditches and dykes upon
the lands of others, under proper restrictions, on making just
compensation, and such compensation together with the cost of such drainage
may be assessed, wholly or partly, against any property benefited thereby;
but no special laws shall be enacted for such purposes.
§ 8. Every citizen may freely speak, write and publish his or her
sentiments on all subjects, being responsible for the abuse of that right;
and no law shall be passed to restrain or abridge the liberty of speech or
of the press. In all criminal prosecutions or indictments for libels, the
truth may be given in evidence to the jury; and if it shall appear to the
jury that the matter charged as libelous is true, and was published with
good motives and for justifiable ends, the party shall be acquitted; and
the jury shall have the right to determine the law and the fact.
§ 9. 1. No law shall be passed abridging the rights of the people
peaceably to assemble and to petition the government, or any department
thereof; nor shall any divorce be granted otherwise than by due judicial
proceedings; except as hereinafter provided, no lottery or the sale of
lottery tickets, pool-selling, book-making, or any other kind of gambling,
except lotteries operated by the state and the sale of lottery tickets in
connection therewith as may be authorized and prescribed by the
legislature, the net proceeds of which shall be applied exclusively to or
in aid or support of education in this state as the legislature may
prescribe, and except pari-mutuel betting on horse races as may be
prescribed by the legislature and from which the state shall derive a
reasonable revenue for the support of government, shall hereafter be
authorized or allowed within this state; and the legislature shall pass
appropriate laws to prevent offenses against any of the provisions of this
section.
2. Notwithstanding the foregoing provisions of this section, any city,
town or village within the state may by an approving vote of the majority
of the qualified electors in such municipality voting on a proposition
therefor submitted at a general or special election authorize, subject to
state legislative supervision and control, the conduct of one or both of
the following categories of games of chance commonly known as: (a) bingo or
lotto, in which prizes are awarded on the basis of designated numbers or
symbols on a card conforming to numbers or symbols selected at random; (b)
games in which prizes are awarded on the basis of a winning number or
numbers, color or colors, or symbol or symbols determined by chance from
among those previously selected or played, whether determined as the result
of the spinning of a wheel, a drawing or otherwise by chance. If
authorized, such games shall be subject to the following restrictions,
among others which may be prescribed by the legislature: (1) only bona fide
religious, charitable or non-profit organizations of veterans, volunteer
firefighter and similar non-profit organizations shall be permitted to
conduct such games; (2) the entire net proceeds of any game shall be
exclusively devoted to the lawful purposes of such organizations; (3) no
person except a bona fide member of any such organization shall participate
in the management or operation of such game; and (4) no person shall
receive any remuneration for participating in the management or operation
of any such game. Unless otherwise provided by law, no single prize shall
exceed two hundred fifty dollars, nor shall any series of prizes on one
occasion aggregate more than one thousand dollars. The legislature shall
pass appropriate laws to effectuate the purposes of this subdivision,
ensure that such games are rigidly regulated to prevent commercialized
gambling, prevent participation by criminal and other undesirable elements
and the diversion of funds from the purposes authorized hereunder and
establish a method by which a municipality which has authorized such games
may rescind or revoke such authorization. Unless permitted by the
legislature, no municipality shall have the power to pass local laws or
ordinances relating to such games. Nothing in this section shall prevent
the legislature from passing laws more restrictive than any of the
provisions of this section.
§ 11. No person shall be denied the equal protection of the laws of this
state or any subdivision thereof. No person shall, because of race, color,
creed or religion, be subjected to any discrimination in his or her civil
rights by any other person or by any firm, corporation, or institution, or
by the state or any agency or subdivision of the state.
§ 12. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures, shall not
be violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
The right of the people to be secure against unreasonable interception of
telephone and telegraph communications shall not be violated, and ex parte
orders or warrants shall issue only upon oath or affirmation that there is
reasonable ground to believe that evidence of crime may be thus obtained,
and identifying the particular means of communication, and particularly
describing the person or persons whose communications are to be intercepted
and the purpose thereof.
§ 14. Such parts of the common law, and of the acts of the legislature of
the colony of New York, as together did form the law of the said colony, on
the nineteenth day of April, one thousand seven hundred seventy-five, and
the resolutions of the congress of the said colony, and of the convention
of the State of New York, in force on the twentieth day of April, one
thousand seven hundred seventy-seven, which have not since expired, or been
repealed or altered; and such acts of the legislature of this state as are
now in force, shall be and continue the law of this state, subject to such
alterations as the legislature shall make concerning the same. But all such
parts of the common law, and such of the said acts, or parts thereof, as
are repugnant to this constitution, are hereby abrogated.
§ 16. The right of action now existing to recover damages for injuries
resulting in death, shall never be abrogated; and the amount recoverable
shall not be subject to any statutory limitation.
§ 17. Labor of human beings is not a commodity nor an article of commerce
and shall never be so considered or construed.
No laborer, worker or mechanic, in the employ of a contractor or
sub-contractor engaged in the performance of any public work, shall be
permitted to work more than eight hours in any day or more than five days
in any week, except in cases of extraordinary emergency; nor shall he or
she be paid less than the rate of wages prevailing in the same trade or
occupation in the locality within the state where such public work is to be
situated, erected or used.
Employees shall have the right to organize and to bargain collectively
through representatives of their own choosing.
§ 18. Nothing contained in this constitution shall be construed to limit
the power of the legislature to enact laws for the protection of the lives,
health, or safety of employees; or for the payment, either by employers, or
by employers and employees or otherwise, either directly or through a state
or other system of insurance or otherwise, of compensation for injuries to
employees or for death of employees resulting from such injuries without
regard to fault as a cause thereof, except where the injury is occasioned
by the willful intention of the injured employee to bring about the injury
or death of himself or herself or of another, or where the injury results
solely from the intoxication of the injured employee while on duty; or for
the adjustment, determination and settlement, with or without trial by
jury, of issues which may arise under such legislation; or to provide that
the right of such compensation, and the remedy therefor shall be exclusive
of all other rights and remedies for injuries to employees or for death
resulting from such injuries; or to provide that the amount of such
compensation for death shall not exceed a fixed or determinable sum;
provided that all moneys paid by an employer to his or her employees or
their legal representatives, by reason of the enactment of any of the laws
herein authorized, shall be held to be a proper charge in the cost of
operating the business of the employer.
ARTICLE II
Suffrage
Section 1. Every citizen shall be entitled to vote at every election for
all officers elected by the people and upon all questions submitted to the
vote of the people provided that such citizen is eighteen years of age or
over and shall have been a resident of this state, and of the county, city,
or village for thirty days next preceding an election.
§ 2. The legislature may, by general law, provide a manner in which, and
the time and place at which, qualified voters who, on the occurrence of any
election, may be absent from the county of their residence or, if residents
of the city of New York, from the city, and qualified voters who, on the
occurrence of any election, may be unable to appear personally at the
polling place because of illness or physical disability, may vote and for
the return and canvass of their votes.
§ 3. No person who shall receive, accept, or offer to receive, or pay,
offer or promise to pay, contribute, offer or promise to contribute to
another, to be paid or used, any money or other valuable thing as a
compensation or reward for the giving or withholding a vote at an election,
or who shall make any promise to influence the giving or withholding any
such vote, or who shall make or become directly or indirectly interested in
any bet or wager depending upon the result of any election, shall vote at
such election; and upon challenge for such cause, the person so challenged,
before the officers authorized for that purpose shall receive his or her
vote, shall swear or affirm before such officers that he or she has not
received or offered, does not expect to receive, has not paid, offered or
promised to pay, contributed, offered or promised to contribute to another,
to be paid or used, any money or other valuable thing as a compensation or
reward for the giving or withholding a vote at such election, and has not
made any promise to influence the giving or withholding of any such vote,
nor made or become directly or indirectly interested in any bet or wager
depending upon the result of such election. The legislature shall enact
laws excluding from the right of suffrage all persons convicted of bribery
or of any infamous crime.
§ 4. For the purpose of voting, no person shall be deemed to have gained
or lost a residence, by reason of his or her presence or absence, while
employed in the service of the United States; nor while engaged in the
navigation of the waters of this state, or of the United States, or of the
high seas; nor while a student of any seminary of learning; nor while kept
at any almshouse, or other asylum, or institution wholly or partly
supported at public expense or by charity; nor while confined in any public
prison.
§ 5. Laws shall be made for ascertaining, by proper proofs, the citizens
who shall be entitled to the right of suffrage hereby established, and for
the registration of voters; which registration shall be completed at least
ten days before each election. Such registration shall not be required for
town and village elections except by express provision of law.
§ 6. The legislature may provide by law for a system or systems of
registration whereby upon personal application a voter may be registered
and his or her registration continued so long as he or she shall remain
qualified to vote from an address within the jurisdiction of the board with
which such voter is registered.
§ 7. All elections by the citizens, except for such town officers as may
by law be directed to be otherwise chosen, shall be by ballot, or by such
other method as may be prescribed by law, provided that secrecy in voting
be preserved. The legislature shall provide for identification of voters
through their signatures in all cases where personal registration is
required and shall also provide for the signatures, at the time of voting,
of all persons voting in person by ballot or voting machine, whether or not
they have registered in person, save only in cases of illiteracy or
physical disability.
§ 8. All laws creating, regulating or affecting boards or officers
charged with the duty of qualifying voters, or of distributing ballots to
voters, or of receiving, recording or counting votes at elections, shall
secure equal representation of the two political parties which, at the
general election next preceding that for which such boards or officers are
to serve, cast the highest and the next highest number of votes. All such
boards and officers shall be appointed or elected in such manner, and upon
the nomination of such representatives of said parties respectively, as the
legislature may direct. Existing laws on this subject shall continue until
the legislature shall otherwise provide. This section shall not apply to
town, or village elections.
§ 9. Notwithstanding the residence requirements imposed by section one of
this article, the legislature may, by general law, provide special
procedures whereby every person who shall have moved from another state to
this state or from one county, city or village within this state to another
county, city or village within this state and who shall have been an
inhabitant of this state in any event for ninety days next preceding an
election at which electors are to be chosen for the office of president and
vice president of the United States shall be entitled to vote in this state
solely for such electors, provided such person is otherwise qualified to
vote in this state and is not able to qualify to vote for such electors in
any other state. The legislature may also, by general law, prescribe
special procedures whereby every person who is registered and would be
qualified to vote in this state but for his or her removal from this state
to another state within one year next preceding such election shall be
entitled to vote in this state solely for such electors, provided such
person is not able to qualify to vote for such electors in any other state.
ARTICLE III
Legislature
Section 1. The legislative power of this state shall be vested in the
senate and assembly.
§ 2. The senate shall consist of fifty members, except as hereinafter
provided. The senators elected in the year one thousand eight hundred and
ninety-five shall hold their offices for three years, and their successors
shall be chosen for two years. The assembly shall consist of one hundred
and fifty members. The assembly members elected in the year one thousand
nine hundred and thirty-eight, and their successors, shall be chosen for
two years.
§ 3. The senate districts described in section three of article three of
this constitution as adopted by the people on November sixth, eighteen
hundred ninety-four are hereby continued for all of the purposes of future
reapportionments of senate districts pursuant to section four of this
article.
§ 4. Except as herein otherwise provided, the federal census taken in the
year nineteen hundred thirty and each federal census taken decennially
thereafter shall be controlling as to the number of inhabitants in the
state or any part thereof for the purposes of the apportionment of members
of assembly and readjustment or alteration of senate and assembly districts
next occurring, in so far as such census and the tabulation thereof purport
to give the information necessary therefor. The legislature, by law, shall
provide for the making and tabulation by state authorities of an
enumeration of the inhabitants of the entire state to be used for such
purposes, instead of a federal census, if the taking of a federal census in
any tenth year from the year nineteen hundred thirty be omitted or if the
federal census fails to show the number of aliens or Indians not taxed. If
a federal census, though giving the requisite information as to the state
at large, fails to give the information as to any civil or territorial
divisions which is required to be known for such purposes, the legislature,
by law, shall provide for such an enumeration of the inhabitants of such
parts of the state only as may be necessary, which shall supersede in part
the federal census and be used in connection therewith for such purposes.
The legislature, by law, may provide in its discretion for an enumeration
by state authorities of the inhabitants of the state, to be used for such
purposes, in place of a federal census, when the return of a decennial
federal census is delayed so that it is not available at the beginning of
the regular session of the legislature in the second year after the year
nineteen hundred thirty or after any tenth year therefrom, or if an
apportionment of members of assembly and readjustment or alteration of
senate districts is not made at or before such a session. At the regular
session in the year nineteen hundred thirty-two, and at the first regular
session after the year nineteen hundred forty and after each tenth year
therefrom the senate districts shall be readjusted or altered, but if, in
any decade, counting from and including that which begins with the year
nineteen hundred thirty-one, such a readjustment or alteration is not made
at the time above prescribed, it shall be made at a subsequent session
occurring not later than the sixth year of such decade, meaning not later
than nineteen hundred thirty-six, nineteen hundred forty-six, nineteen
hundred fifty-six, and so on; provided, however, that if such districts
shall have been readjusted or altered by law in either of the years
nineteen hundred thirty or nineteen hundred thirty-one, they shall remain
unaltered until the first regular session after the year nineteen hundred
forty. Such districts shall be so readjusted or altered that each senate
district shall contain as nearly as may be an equal number of inhabitants,
excluding aliens, and be in as compact form as practicable, and shall
remain unaltered until the first year of the next decade as above defined,
and shall at all times consist of contiguous territory, and no county shall
be divided in the formation of a senate district except to make two or more
senate districts wholly in such county. No town, except a town having more
than a full ratio of apportionment, and no block in a city inclosed by
streets or public ways, shall be divided in the formation of senate
districts; nor shall any district contain a greater excess in population
over an adjoining district in the same county, than the population of a
town or block therein adjoining such district. Counties, towns or blocks
which, from their location, may be included in either of two districts,
shall be so placed as to make said districts most nearly equal in number of
inhabitants, excluding aliens.
No county shall have four or more senators unless it shall have a full
ratio for each senator. No county shall have more than one-third of all the
senators; and no two counties or the territory thereof as now organized,
which are adjoining counties, or which are separated only by public waters,
shall have more than one-half of all the senators.
The ratio for apportioning senators shall always be obtained by dividing
the number of inhabitants, excluding aliens, by fifty, and the senate shall
always be composed of fifty members, except that if any county having three
or more senators at the time of any apportionment shall be entitled on such
ratio to an additional senator or senators, such additional senator or
senators shall be given to such county in addition to the fifty senators,
and the whole number of senators shall be increased to that extent.
The senate districts, including the present ones, as existing immediately
before the enactment of a law readjusting or altering the senate districts,
shall continue to be the senate districts of the state until the
expirations of the terms of the senators then in office, except for the
purpose of an election of senators for full terms beginning at such
expirations, and for the formation of assembly districts.
§ 5. The members of the assembly shall be chosen by single districts and
shall be apportioned by the legislature at each regular session at which
the senate districts are readjusted or altered, and by the same law, among
the several counties of the state, as nearly as may be according to the
number of their respective inhabitants, excluding aliens. Every county
heretofore established and separately organized, except the county of
Hamilton, shall always be entitled to one member of assembly, and no county
shall hereafter be erected unless its population shall entitle it to a
member. The county of Hamilton shall elect with the county of Fulton, until
the population of the county of Hamilton shall, according to the ratio,
entitle it to a member. But the legislature may abolish the said county of
Hamilton and annex the territory thereof to some other county or counties.
The quotient obtained by dividing the whole number of inhabitants of the
state, excluding aliens, by the number of members of assembly, shall be the
ratio for apportionment, which shall be made as follows: One member of
assembly shall be apportioned to every county, including Fulton and
Hamilton as one county, containing less than the ratio and one-half over.
Two members shall be apportioned to every other county. The remaining
members of assembly shall be apportioned to the counties having more than
two ratios according to the number of inhabitants, excluding aliens.
Members apportioned on remainders shall be apportioned to the counties
having the highest remainders in the order thereof respectively. No county
shall have more members of assembly than a county having a greater number
of inhabitants, excluding aliens.
The assembly districts, including the present ones, as existing
immediately before the enactment of a law making an apportionment of
members of assembly among the counties, shall continue to be the assembly
districts of the state until the expiration of the terms of members then in
office, except for the purpose of an election of members of assembly for
full terms beginning at such expirations.
In any county entitled to more than one member, the board of supervisors,
and in any city embracing an entire county and having no board of
supervisors, the common council, or if there be none, the body exercising
the powers of a common council, shall assemble at such times as the
legislature making an apportionment shall prescribe, and divide such
counties into assembly districts as nearly equal in number of inhabitants,
excluding aliens, as may be, of convenient and contiguous territory in as
compact form as practicable, each of which shall be wholly within a senate
district formed under the same apportionment, equal to the number of
members of assembly to which such county shall be entitled, and shall cause
to be filed in the office of the secretary of state and of the clerk of
such county, a description of such districts, specifying the number of each
district and of the inhabitants thereof, excluding aliens, according to the
census or enumeration used as the population basis for the formation of
such districts; and such apportionment and districts shall remain unaltered
until after the next reapportionment of members of assembly, except that
the board of supervisors of any county containing a town having more than a
ratio of apportionment and one-half over may alter the assembly districts
in a senate district containing such town at any time on or before March
first, nineteen hundred forty-six. In counties having more than one senate
district, the same number of assembly districts shall be put in each senate
district, unless the assembly districts cannot be evenly divided among the
senate districts of any county, in which case one more assembly district
shall be put in the senate district in such county having the largest, or
one less assembly district shall be put in the senate district in such
county having the smallest number of inhabitants, excluding aliens, as the
case may require. No town, except a town having more than a ratio of
apportionment and one-half over, and no block in a city inclosed by streets
or public ways, shall be divided in the formation of assembly districts,
nor shall any districts contain a greater excess in population over an
adjoining district in the same senate district, than the population of a
town or block therein adjoining such assembly district. Towns or blocks
which, from their location may be included in either of two districts,
shall be so placed as to make said districts most nearly equal in number of
inhabitants, excluding aliens. Nothing in this section shall prevent the
division, at any time, of counties and towns and the erection of new towns
by the legislature.
An apportionment by the legislature, or other body, shall be subject to
review by the supreme court, at the suit of any citizen, under such
reasonable regulations as the legislature may prescribe; and any court
before which a cause may be pending involving an apportionment, shall give
precedence thereto over all other causes and proceedings, and if said court
be not in session it shall convene promptly for the disposition of the
same.
§ 5-a. For the purpose of apportioning senate and assembly districts
pursuant to the foregoing provisions of this article, the term
"inhabitants, excluding aliens" shall mean the whole number of persons.
§ 6. Each member of the legislature shall receive for his or her services
a like annual salary, to be fixed by law. He or she shall also be
reimbursed for his or her actual traveling expenses in going to and
returning from the place in which the legislature meets, not more than once
each week while the legislature is in session. Senators, when the senate
alone is convened in extraordinary session, or when serving as members of
the court for the trial of impeachments, and such members of the assembly,
not exceeding nine in number, as shall be appointed managers of an
impeachment, shall receive an additional per diem allowance, to be fixed by
law. Any member, while serving as an officer of his or her house or in any
other special capacity therein or directly connected therewith not
hereinbefore in this section specified, may also be paid and receive, in
addition, any allowance which may be fixed by law for the particular and
additional services appertaining to or entailed by such office or special
capacity. Neither the salary of any member nor any other allowance so fixed
may be increased or diminished during, and with respect to, the term for
which he or she shall have been elected, nor shall he or she be paid or
receive any other extra compensation. The provisions of this section and
laws enacted in compliance therewith shall govern and be exclusively
controlling, according to their terms. Members shall continue to receive
such salary and additional allowance as heretofore fixed and provided in
this section, until changed by law pursuant to this section.
§ 7. No person shall serve as a member of the legislature unless he or
she is a citizen of the United States and has been a resident of the state
of New York for five years, and, except as hereinafter otherwise
prescribed, of the assembly or senate district for the twelve months
immediately preceding his or her election; if elected a senator or member
of assembly at the first election next ensuing after a readjustment or
alteration of the senate or assembly districts becomes effective, a person,
to be eligible to serve as such, must have been a resident of the county in
which the senate or assembly district is contained for the twelve months
immediately preceding his or her election. No member of the legislature
shall, during the time for which he or she was elected, receive any civil
appointment from the governor, the governor and the senate, the legislature
or from any city government, to an office which shall have been created, or
the emoluments whereof shall have been increased during such time. If a
member of the legislature be elected to congress, or appointed to any
office, civil or military, under the government of the United States, the
state of New York, or under any city government except as a member of the
national guard or naval militia of the state, or of the reserve forces of
the United States, his or her acceptance thereof shall vacate his or her
seat in the legislature, providing, however, that a member of the
legislature may be appointed commissioner of deeds or to any office in
which he or she shall receive no compensation.
§ 8. The elections of senators and members of assembly, pursuant to the
provisions of this constitution, shall be held on the Tuesday succeeding
the first Monday of November, unless otherwise directed by the legislature.
§ 9. A majority of each house shall constitute a quorum to do business.
Each house shall determine the rules of its own proceedings, and be the
judge of the elections, returns and qualifications of its own members;
shall choose its own officers; and the senate shall choose a temporary
president and the assembly shall choose a speaker.
§ 10. Each house of the legislature shall keep a journal of its
proceedings, and publish the same, except such parts as may require
secrecy. The doors of each house shall be kept open, except when the public
welfare shall require secrecy. Neither house shall, without the consent of
the other, adjourn for more than two days.
§ 11. For any speech or debate in either house of the legislature, the
members shall not be questioned in any other place.
§ 12. Any bill may originate in either house of the legislature, and all
bills passed by one house may be amended by the other.
§ 13. The enacting clause of all bills shall be "The People of the State
of New York, represented in Senate and Assembly, do enact as follows," and
no law shall be enacted except by bill.
§ 14. No bill shall be passed or become a law unless it shall have been
printed and upon the desks of the members, in its final form, at least
three calendar legislative days prior to its final passage, unless the
governor, or the acting governor, shall have certified, under his or her
hand and the seal of the state, the facts which in his or her opinion
necessitate an immediate vote thereon, in which case it must nevertheless
be upon the desks of the members in final form, not necessarily printed,
before its final passage; nor shall any bill be passed or become a law,
except by the assent of a majority of the members elected to each branch of
the legislature; and upon the last reading of a bill, no amendment thereof
shall be allowed, and the question upon its final passage shall be taken
immediately thereafter, and the ayes and nays entered on the journal.
§ 15. No private or local bill, which may be passed by the legislature,
shall embrace more than one subject, and that shall be expressed in the
title.
§ 16. No act shall be passed which shall provide that any existing law,
or any part thereof, shall be made or deemed a part of said act, or which
shall enact that any existing law, or part thereof, shall be applicable,
except by inserting it in such act.
§ 17. The legislature shall not pass a private or local bill in any of
the following cases:
Changing the names of persons.
Laying out, opening, altering, working or discontinuing roads, highways
or alleys, or for draining swamps or other low lands. Locating or changing
county seats.
Providing for changes of venue in civil or criminal cases.
Incorporating villages.
Providing for election of members of boards of supervisors.
Selecting, drawing, summoning or empaneling grand or petit jurors.
Regulating the rate of interest on money.
The opening and conducting of elections or designating places of voting.
Creating, increasing or decreasing fees, percentages or allowances of
public officers, during the term for which said officers are elected or
appointed.
Granting to any corporation, association or individual the right to lay
down railroad tracks.
Granting to any private corporation, association or individual any
exclusive privilege, immunity or franchise whatever.
Granting to any person, association, firm or corporation, an exemption
from taxation on real or personal property.
Providing for the building of bridges, except over the waters forming a
part of the boundaries of the state, by other than a municipal or other
public corporation or a public agency of the state.
§ 18. The members of the legislature shall be empowered, upon the
presentation to the temporary president of the senate and the speaker of
the assembly of a petition signed by two-thirds of the members elected to
each house of the legislature, to convene the legislature on extraordinary
occasions to act upon the subjects enumerated in such petition.
§ 19. The legislature shall neither audit nor allow any private claim or
account against the state, but may appropriate money to pay such claims as
shall have been audited and allowed according to law.
No claim against the state shall be audited, allowed or paid which, as
between citizens of the state, would be barred by lapse of time. But if the
claimant shall be under legal disability the claim may be presented within
two years after such disability is removed.
§ 20. The assent of two-thirds of the members elected to each branch of
the legislature shall be requisite to every bill appropriating the public
moneys or property for local or private purposes.
§ 21. Sections 15, 16, and 17 of this article shall not apply to any
bill, or the amendments to any bill, which shall be recommended to the
legislature by commissioners or any public agency appointed or directed
pursuant to law to prepare revisions, consolidations or compilations of
statutes. But a bill amending an existing law shall not be excepted from
the provisions of sections 15, 16 and 17 of this article unless such
amending bill shall itself be recommended to the legislature by such
commissioners or public agency.
§ 22. Every law which imposes, continues or revives a tax shall
distinctly state the tax and the object to which it is to be applied, and
it shall not be sufficient to refer to any other law to fix such tax or
object.
Notwithstanding the foregoing or any other provision of this
constitution, the legislature, in any law imposing a tax or taxes on, in
respect to or measured by income, may define the income on, in respect to
or by which such tax or taxes are imposed or measured, by reference to any
provision of the laws of the United States as the same may be or become
effective at any time or from time to time, and may prescribe exceptions or
modifications to any such provision.
§ 23. On the final passage, in either house of the legislature, of any
act which imposes, continues or revives a tax, or creates a debt or charge,
or makes, continues or revives any appropriation of public or trust money
or property, or releases, discharges or commutes any claim or demand of the
state, the question shall be taken by yeas and nays, which shall be duly
entered upon the journals, and three-fifths of all the members elected to
either house shall, in all such cases, be necessary to constitute a quorum
therein.
§ 24. The legislature shall, by law, provide for the occupation and
employment of prisoners sentenced to the several state prisons,
penitentiaries, jails and reformatories in the state; and no person in any
such prison, penitentiary, jail or reformatory, shall be required or
allowed to work, while under sentence thereto, at any trade, industry or
occupation, wherein or whereby his or her work, or the product or profit of
his or her work, shall be farmed out, contracted, given or sold to any
person, firm, association or corporation. This section shall not be
construed to prevent the legislature from providing that convicts may work
for, and that the products of their labor may be disposed of to, the state
or any political division thereof, or for or to any public institution
owned or managed and controlled by the state, or any political division
thereof.
§ 25. Notwithstanding any other provision of this constitution, the
legislature, in order to insure continuity of state and local governmental
operations in periods of emergency caused by enemy attack or by disasters
(natural or otherwise), shall have the power and the immediate duty (1) to
provide for prompt and temporary succession to the powers and duties of
public offices, of whatever nature and whether filled by election or
appointment, the incumbents of which may become unavailable for carrying on
the powers and duties of such offices, and (2) to adopt such other measures
as may be necessary and proper for insuring the continuity of governmental
operations.
Nothing in this article shall be construed to limit in any way the power
of the state to deal with emergencies arising from any cause.
ARTICLE IV
Executive
Section 1. The executive power shall be vested in the governor, who shall
hold office for four years; the lieutenant-governor shall be chosen at the
same time, and for the same term. The governor and lieutenant-governor
shall be chosen at the general election held in the year nineteen hundred
thirty-eight, and each fourth year thereafter. They shall be chosen
jointly, by the casting by each voter of a single vote applicable to both
offices, and the legislature by law shall provide for making such choice in
such manner. The respective persons having the highest number of votes cast
jointly for them for governor and lieutenant-governor respectively shall be
elected.
§ 2. No person shall be eligible to the office of governor or
lieutenant-governor, except a citizen of the United States, of the age of
not less than thirty years, and who shall have been five years next
preceding the election a resident of this state.
§ 3. The governor shall be commander-in-chief of the military and naval
forces of the state. The governor shall have power to convene the
legislature, or the senate only, on extraordinary occasions. At
extraordinary sessions convened pursuant to the provisions of this section
no subject shall be acted upon, except such as the governor may recommend
for consideration. The governor shall communicate by message to the
legislature at every session the condition of the state, and recommend such
matters to it as he or she shall judge expedient. The governor shall
expedite all such measures as may be resolved upon by the legislature, and
shall take care that the laws are faithfully executed. The governor shall
receive for his or her services an annual salary to be fixed by joint
resolution of the senate and assembly, and there shall be provided for his
or her use a suitable and furnished executive residence.
§ 4. The governor shall have the power to grant reprieves, commutations
and pardons after conviction, for all offenses except treason and cases of
impeachment, upon such conditions and with such restrictions and
limitations, as he or she may think proper, subject to such regulations as
may be provided by law relative to the manner of applying for pardons. Upon
conviction for treason, the governor shall have power to suspend the
execution of the sentence, until the case shall be reported to the
legislature at its next meeting, when the legislature shall either pardon,
or commute the sentence, direct the execution of the sentence, or grant a
further reprieve. The governor shall annually communicate to the
legislature each case of reprieve, commutation or pardon granted, stating
the name of the convict, the crime of which the convict was convicted, the
sentence and its date, and the date of the commutation, pardon or reprieve.
§ 5. In case of the removal of the governor from office or of his or her
death or resignation, the lieutenant-governor shall become governor for the
remainder of the term.
In case the governor-elect shall decline to serve or shall die, the
lieutenant-governor-elect shall become governor for the full term.
In case the governor is impeached, is absent from the state or is
otherwise unable to discharge the powers and duties of the office of
governor, the lieutenant-governor shall act as governor until the inability
shall cease or until the term of the governor shall expire.
In case of the failure of the governor-elect to take the oath of office
at the commencement of his or her term, the lieutenant-governor-elect shall
act as governor until the governor shall take the oath.
§ 6. The lieutenant-governor shall possess the same qualifications of
eligibility for office as the governor. The lieutenant-governor shall be
the president of the senate but shall have only a casting vote therein.
The lieutenant-governor shall receive for his or her services an annual
salary to be fixed by joint resolution of the senate and assembly.
In case of vacancy in the offices of both governor and
lieutenant-governor, a governor and lieutenant-governor shall be elected
for the remainder of the term at the next general election happening not
less than three months after both offices shall have become vacant. No
election of a lieutenant-governor shall be had in any event except at the
time of electing a governor.
In case of vacancy in the offices of both governor and
lieutenant-governor or if both of them shall be impeached, absent from the
state or otherwise unable to discharge the powers and duties of the office
of governor, the temporary president of the senate shall act as governor
until the inability shall cease or until a governor shall be elected.
In case of vacancy in the office of lieutenant-governor alone, or if the
lieutenant-governor shall be impeached, absent from the state or otherwise
unable to discharge the duties of office, the temporary president of the
senate shall perform all the duties of lieutenant-governor during such
vacancy or inability.
If, when the duty of acting as governor devolves upon the temporary
president of the senate, there be a vacancy in such office or the temporary
president of the senate shall be absent from the state or otherwise unable
to discharge the duties of governor, the speaker of the assembly shall act
as governor during such vacancy or inability.
The legislature may provide for the devolution of the duty of acting as
governor in any case not provided for in this article.
§ 7. Every bill which shall have passed the senate and assembly shall,
before it becomes a law, be presented to the governor; if the governor
approve, he or she shall sign it; but if not, he or she shall return it
with his or her objections to the house in which it shall have originated,
which shall enter the objections at large on the journal, and proceed to
reconsider it. If after such reconsideration, two-thirds of the members
elected to that house shall agree to pass the bill, it shall be sent
together with the objections, to the other house, by which it shall
likewise be reconsidered; and if approved by two-thirds of the members
elected to that house, it shall become a law notwithstanding the objections
of the governor. In all such cases the votes in both houses shall be
determined by yeas and nays, and the names of the members voting shall be
entered on the journal of each house respectively. If any bill shall not be
returned by the governor within ten days (Sundays excepted) after it shall
have been presented to him or her, the same shall be a law in like manner
as if he or she had signed it, unless the legislature shall, by their
adjournment, prevent its return, in which case it shall not become a law
without the approval of the governor. No bill shall become a law after the
final adjournment of the legislature, unless approved by the governor
within thirty days after such adjournment. If any bill presented to the
governor contain several items of appropriation of money, the governor may
object to one or more of such items while approving of the other portion of
the bill. In such case the governor shall append to the bill, at the time
of signing it, a statement of the items to which he or she objects; and the
appropriation so objected to shall not take effect. If the legislature be
in session, he or she shall transmit to the house in which the bill
originated a copy of such statement, and the items objected to shall be
separately reconsidered. If on reconsideration one or more of such items be
approved by two-thirds of the members elected to each house, the same shall
be part of the law, notwithstanding the objections of the governor. All the
provisions of this section, in relation to bills not approved by the
governor, shall apply in cases in which he or she shall withhold approval
from any item or items contained in a bill appropriating money.
§ 8. No rule or regulation made by any state department, board, bureau,
officer, authority or commission, except such as relates to the
organization or internal management of a state department, board, bureau,
authority or commission shall be effective until it is filed in the office
of the department of state. The legislature shall provide for the speedy
publication of such rules and regulations by appropriate laws.
ARTICLE V
Officers and Civil Departments
Section 1. The comptroller and attorney-general shall be chosen at the
same general election as the governor and hold office for the same term,
and shall possess the qualifications provided in section 2 of article IV.
The legislature shall provide for filling vacancies in the office of
comptroller and of attorney-general. No election of a comptroller or an
attorney-general shall be had except at the time of electing a governor.
The comptroller shall be required: (1) to audit all vouchers before payment
and all official accounts; (2) to audit the accrual and collection of all
revenues and receipts; and (3) to prescribe such methods of accounting as
are necessary for the performance of the foregoing duties. The payment of
any money of the state, or of any money under its control, or the refund of
any money paid to the state, except upon audit by the comptroller, shall be
void, and may be restrained upon the suit of any taxpayer with the consent
of the supreme court in appellate division on notice to the
attorney-general. In such respect the legislature shall define the powers
and duties and may also assign to him or her: (1) supervision of the
accounts of any political subdivision of the state; and (2) powers and
duties pertaining to or connected with the assessment and taxation of real
estate, including determination of ratios which the assessed valuation of
taxable real property bears to the full valuation thereof, but not
including any of those powers and duties reserved to officers of a county,
city, town or village by virtue of sections seven and eight of article nine
of this constitution. The legislature shall assign to him or her no
administrative duties, excepting such as may be incidental to the
performance of these functions, any other provision of this constitution to
the contrary notwithstanding.
§ 2. There shall be not more than twenty civil departments in the state
government, including those referred to in this constitution. The
legislature may by law change the names of the departments referred to in
this constitution.
§ 3. Subject to the limitations contained in this constitution, the
legislature may from time to time assign by law new powers and functions to
departments, officers, boards, commissions or executive offices of the
governor, and increase, modify or diminish their powers and functions.
Nothing contained in this article shall prevent the legislature from
creating temporary commissions for special purposes or executive offices of
the governor and from reducing the number of departments as provided for in
this article, by consolidation or otherwise.
§ 4. The head of the department of audit and control shall be the
comptroller and of the department of law, the attorney-general. The head of
the department of education shall be The Regents of the University of the
State of New York, who shall appoint and at pleasure remove a commissioner
of education to be the chief administrative officer of the department. The
head of the department of agriculture and markets shall be appointed in a
manner to be prescribed by law. Except as otherwise provided in this
constitution, the heads of all other departments and the members of all
boards and commissions, excepting temporary commissions for special
purposes, shall be appointed by the governor by and with the advice and
consent of the senate and may be removed by the governor, in a manner to be
prescribed by law.
§ 6. Appointments and promotions in the civil service of the state and
all of the civil divisions thereof, including cities and villages, shall be
made according to merit and fitness to be ascertained, as far as
practicable, by examination which, as far as practicable, shall be
competitive; provided, however, that any member of the armed forces of the
United States who served therein in time of war, and who, at the time of
such member's appointment or promotion, is a citizen or an alien lawfully
admitted for permanent residence in the United States and a resident of
this state and is honorably discharged or released under honorable
circumstances from such service, shall be entitled to receive five points
additional credit in a competitive examination for original appointment and
two and one-half points additional credit in an examination for promotion
or, if such member was disabled in the actual performance of duty in any
war, is receiving disability payments therefor from the United States
veterans administration, and his or her disability is certified by such
administration to be in existence at the time of application for
appointment or promotion, he or she shall be entitled to receive ten points
additional credit in a competitive examination for original appointment and
five points additional credit in an examination for promotion. Such
additional credit shall be added to the final earned rating of such member
after he or she has qualified in an examination and shall be granted only
at the time of establishment of an eligible list. No such member shall
receive the additional credit granted by this section after he or she has
received one appointment, either original entrance or promotion, from an
eligible list on which he or she was allowed the additional credit granted
by this section.
§ 7. After July first, nineteen hundred forty, membership in any pension
or retirement system of the state or of a civil division thereof shall be a
contractual relationship, the benefits of which shall not be diminished or
impaired.
ARTICLE VI
Judiciary
Section 1. a. There shall be a unified court system for the state. The
state-wide courts shall consist of the court of appeals, the supreme court
including the appellate divisions thereof, the court of claims, the county
court, the surrogate's court and the family court, as hereinafter provided.
The legislature shall establish in and for the city of New York, as part of
the unified court system for the state, a single, city-wide court of civil
jurisdiction and a single, city-wide court of criminal jurisdiction, as
hereinafter provided, and may upon the request of the mayor and the local
legislative body of the city of New York, merge the two courts into one
city-wide court of both civil and criminal jurisdiction. The unified court
system for the state shall also include the district, town, city and
village courts outside the city of New York, as hereinafter provided.
b. The court of appeals, the supreme court including the appellate
divisions thereof, the court of claims, the county court, the surrogate's
court, the family court, the courts or court of civil and criminal
jurisdiction of the city of New York, and such other courts as the
legislature may determine shall be courts of record.
c. All processes, warrants and other mandates of the court of appeals,
the supreme court including the appellate divisions thereof, the court of
claims, the county court, the surrogate's court and the family court may be
served and executed in any part of the state. All processes, warrants and
other mandates of the courts or court of civil and criminal jurisdiction of
the city of New York may, subject to such limitation as may be prescribed
by the legislature, be served and executed in any part of the state. The
legislature may provide that processes, warrants and other mandates of the
district court may be served and executed in any part of the state and that
processes, warrants and other mandates of town, village and city courts
outside the city of New York may be served and executed in any part of the
county in which such courts are located or in any part of any adjoining
county.
§ 2. a. The court of appeals is continued. It shall consist of the chief
judge and the six elected associate judges now in office, who shall hold
their offices until the expiration of their respective terms, and their
successors, and such justices of the supreme court as may be designated for
service in said court as hereinafter provided. The official terms of the
chief judge and the six associate judges shall be fourteen years.
Five members of the court shall constitute a quorum, and the concurrence
of four shall be necessary to a decision; but no more than seven judges
shall sit in any case. In case of the temporary absence or inability to act
of any judge of the court of appeals, the court may designate any justice
of the supreme court to serve as associate judge of the court during such
absence or inability to act. The court shall have power to appoint and to
remove its clerk. The powers and jurisdiction of the court shall not be
suspended for want of appointment when the number of judges is sufficient
to constitute a quorum.
b. Whenever and as often as the court of appeals shall certify to the
governor that the court is unable, by reason of the accumulation of causes
pending therein, to hear and dispose of the same with reasonable speed, the
governor shall designate such number of justices of the supreme court as
may be so certified to be necessary, but not more than four, to serve as
associate judges of the court of appeals. The justices so designated shall
be relieved, while so serving, from their duties as justices of the supreme
court, and shall serve as associate judges of the court of appeals until
the court shall certify that the need for the services of any such justices
no longer exists, whereupon they shall return to the supreme court. The
governor may fill vacancies among such designated judges. No such justices
shall serve as associate judge of the court of appeals except while holding
the office of justice of the supreme court. The designation of a justice of
the supreme court as an associate judge of the court of appeals shall not
be deemed to affect his or her existing office any longer than until the
expiration of his or her designation as such associate judge, nor to create
a vacancy.
c. There shall be a commission on judicial nomination to evaluate the
qualifications of candidates for appointment to the court of appeals and to
prepare a written report and recommend to the governor those persons who by
their character, temperament, professional aptitude and experience are well
qualified to hold such judicial office. The legislature shall provide by
law for the organization and procedure of the judicial nominating
commission.
d. (1) The commission on judicial nomination shall consist of twelve
members of whom four shall be appointed by the governor, four by the chief
judge of the court of appeals, and one each by the speaker of the assembly,
the temporary president of the senate, the minority leader of the senate,
and the minority leader of the assembly. Of the four members appointed by
the governor, no more than two shall be enrolled in the same political
party, two shall be members of the bar of the state, and two shall not be
members of the bar of the state. Of the four members appointed by the chief
judge of the court of appeals, no more than two shall be enrolled in the
same political party, two shall be members of the bar of the state, and two
shall not be members of the bar of the state. No member of the commission
shall hold or have held any judicial office or hold any elected public
office for which he or she receives compensation during his or her period
of service, except that the governor and the chief judge may each appoint
no more than one former judge or justice of the unified court system to
such commission. No member of the commission shall hold any office in any
political party. No member of the judicial nominating commission shall be
eligible for appointment to judicial office in any court of the state
during the member's period of service or within one year thereafter.
(2) The members first appointed by the governor shall have respectively
one, two, three and four year terms as the governor shall designate. The
members first appointed by the chief judge of the court of appeals shall
have respectively one, two, three and four year terms as the chief judge
shall designate. The member first appointed by the temporary president of
the senate shall have a one-year term. The member first appointed by the
minority leader of the senate shall have a two-year term. The member first
appointed by the speaker of the assembly shall have a four-year term. The
member first appointed by the minority leader of the assembly shall have a
three-year term. Each subsequent appointment shall be for a term of four
years.
(3) The commission shall designate one of their number to serve as
chairperson.
(4) The commission shall consider the qualifications of candidates for
appointment to the offices of judge and chief judge of the court of appeals
and, whenever a vacancy in those offices occurs, shall prepare a written
report and recommend to the governor persons who are well qualified for
those judicial offices.
e. The governor shall appoint, with the advice and consent of the senate,
from among those recommended by the judicial nominating commission, a
person to fill the office of chief judge or associate judge, as the case
may be, whenever a vacancy occurs in the court of appeals; provided,
however, that no person may be appointed a judge of the court of appeals
unless such person is a resident of the state and has been admitted to the
practice of law in this state for at least ten years. The governor shall
transmit to the senate the written report of the commission on judicial
nomination relating to the nominee.
f. When a vacancy occurs in the office of chief judge or associate judge
of the court of appeals and the senate is not in session to give its advice
and consent to an appointment to fill the vacancy, the governor shall fill
the vacancy by interim appointment upon the recommendation of a commission
on judicial nomination as provided in this section. An interim appointment
shall continue until the senate shall pass upon the governor's selection.
If the senate confirms an appointment, the judge shall serve a term as
provided in subdivision a of this section commencing from the date of his
or her interim appointment. If the senate rejects an appointment, a vacancy
in the office shall occur sixty days after such rejection. If an interim
appointment to the court of appeals be made from among the justices of the
supreme court or the appellate divisions thereof, that appointment shall
not affect the justice's existing office, nor create a vacancy in the
supreme court, or the appellate division thereof, unless such appointment
is confirmed by the senate and the appointee shall assume such office. If
an interim appointment of chief judge of the court of appeals be made from
among the associate judges, an interim appointment of associate judge shall
be made in like manner; in such case, the appointment as chief judge shall
not affect the existing office of associate judge, unless such appointment
as chief judge is confirmed by the senate and the appointee shall assume
such office.
g. The provisions of subdivisions c, d, e and f of this section shall not
apply to temporary designations or assignments of judges or justices.
§ 3. a. The jurisdiction of the court of appeals shall be limited to the
review of questions of law except where the judgment is of death, or where
the appellate division, on reversing or modifying a final or interlocutory
judgment in an action or a final or interlocutory order in a special
proceeding, finds new facts and a final judgment or a final order pursuant
thereto is entered; but the right to appeal shall not depend upon the
amount involved.
b. Appeals to the court of appeals may be taken in the classes of cases
hereafter enumerated in this section;
In criminal cases, directly from a court of original jurisdiction where
the judgment is of death, and in other criminal cases from an appellate
division or otherwise as the legislature may from time to time provide.
In civil cases and proceedings as follows:
(1) As of right, from a judgment or order entered upon the decision of an
appellate division of the supreme court which finally determines an action
or special proceeding wherein is directly involved the construction of the
constitution of the state or of the United States, or where one or more of
the justices of the appellate division dissents from the decision of the
court, or where the judgment or order is one of reversal or modification.
(2) As of right, from a judgment or order of a court of record of
original jurisdiction which finally determines an action or special
proceeding where the only question involved on the appeal is the validity
of a statutory provision of the state or of the United States under the
constitution of the state or of the United States; and on any such appeal
only the constitutional question shall be considered and determined by the
court.
(3) As of right, from an order of the appellate division granting a new
trial in an action or a new hearing in a special proceeding where the
appellant stipulates that, upon affirmance, judgment absolute or final
order shall be rendered against him or her.
(4) From a determination of the appellate division of the supreme court
in any department, other than a judgment or order which finally determines
an action or special proceeding, where the appellate division allows the
same and certifies that one or more questions of law have arisen which, in
its opinion, ought to be reviewed by the court of appeals, but in such case
the appeal shall bring up for review only the question or questions so
certified; and the court of appeals shall certify to the appellate division
its determination upon such question or questions.
(5) From an order of the appellate division of the supreme court in any
department, in a proceeding instituted by or against one or more public
officers or a board, commission or other body of public officers or a court
or tribunal, other than an order which finally determines such proceeding,
where the court of appeals shall allow the same upon the ground that, in
its opinion, a question of law is involved which ought to be reviewed by
it, and without regard to the availability of appeal by stipulation for
final order absolute.
(6) From a judgment or order entered upon the decision of an appellate
division of the supreme court which finally determines an action or special
proceeding but which is not appealable under paragraph (1) of this
subdivision where the appellate division or the court of appeals shall
certify that in its opinion a question of law is involved which ought to be
reviewed by the court of appeals. Such an appeal may be allowed upon
application (a) to the appellate division, and in case of refusal, to the
court of appeals, or (b) directly to the court of appeals. Such an appeal
shall be allowed when required in the interest of substantial justice.
(7) No appeal shall be taken to the court of appeals from a judgment or
order entered upon the decision of an appellate division of the supreme
court in any civil case or proceeding where the appeal to the appellate
division was from a judgment or order entered in an appeal from another
court, including an appellate or special term of the supreme court, unless
the construction of the constitution of the state or of the United States
is directly involved therein, or unless the appellate division of the
supreme court shall certify that in its opinion a question of law is
involved which ought to be reviewed by the court of appeals.
(8) The legislature may abolish an appeal to the court of appeals as of
right in any or all of the cases or classes of cases specified in paragraph
(1) of this subdivision wherein no question involving the construction of
the constitution of the state or of the United States is directly involved,
provided, however, that appeals in any such case or class of cases shall
thereupon be governed by paragraph (6) of this subdivision.
(9) The court of appeals shall adopt and from time to time may amend a
rule to permit the court to answer questions of New York law certified to
it by the Supreme Court of the United States, a court of appeals of the
United States or an appellate court of last resort of another state, which
may be determinative of the cause then pending in the certifying court and
which in the opinion of the certifying court are not controlled by
precedent in the decisions of the courts of New York.
§ 4. a. The state shall be divided into four judicial departments. The
first department shall consist of the counties within the first judicial
district of the state. The second department shall consist of the counties
within the second, ninth, tenth and eleventh judicial districts of the
state. The third department shall consist of the counties within the third,
fourth and sixth judicial districts of the state. The fourth department
shall consist of the counties within the fifth, seventh and eighth judicial
districts of the state. Each department shall be bounded by the lines of
judicial districts. Once every ten years the legislature may alter the
boundaries of the judicial departments, but without changing the number
thereof.
b. The appellate divisions of the supreme court are continued, and shall
consist of seven justices of the supreme court in each of the first and
second departments, and five justices in each of the other departments. In
each appellate division, four justices shall constitute a quorum, and the
concurrence of three shall be necessary to a decision. No more than five
justices shall sit in any case.
c. The governor shall designate the presiding justice of each appellate
division, who shall act as such during his or her term of office and shall
be a resident of the department. The other justices of the appellate
divisions shall be designated by the governor, from all the justices
elected to the supreme court, for terms of five years or the unexpired
portions of their respective terms of office, if less than five years.
d. The justices heretofore designated shall continue to sit in the
appellate divisions until the terms of their respective designations shall
expire. From time to time as the terms of the designations expire, or
vacancies occur, the governor shall make new designations. The governor may
also, on request of any appellate division, make temporary designations in
case of the absence or inability to act of any justice in such appellate
division, for service only during such absence or inability to act.
e. In case any appellate division shall certify to the governor that one
or more additional justices are needed for the speedy disposition of the
business before it, the governor may designate an additional justice or
additional justices; but when the need for such additional justice or
justices shall no longer exist, the appellate division shall so certify to
the governor, and thereupon service under such designation or designations
shall cease.
f. A majority of the justices designated to sit in any appellate division
shall at all times be residents of the department.
g. Whenever the appellate division in any department shall be unable to
dispose of its business within a reasonable time, a majority of the
presiding justices of the several departments, at a meeting called by the
presiding justice of the department in arrears, may transfer any pending
appeals from such department to any other department for hearing and
determination.
h. A justice of the appellate division of the supreme court in any
department may be temporarily designated by the presiding justice of his or
her department to the appellate division in another judicial department
upon agreement by the presiding justices of the appellate division of the
departments concerned.
i. In the event that the disqualification, absence or inability to act of
justices in any appellate division prevents there being a quorum of
justices qualified to hear an appeal, the justices qualified to hear the
appeal may transfer it to the appellate division in another department for
hearing and determination. In the event that the justices in any appellate
division qualified to hear an appeal are equally divided, said justices may
transfer the appeal to the appellate division in another department for
hearing and determination. Each appellate division shall have power to
appoint and remove its clerk.
j. No justice of the appellate division shall, within the department to
which he or she may be designated to perform the duties of an appellate
justice, exercise any of the powers of a justice of the supreme court,
other than those of a justice out of court, and those pertaining to the
appellate division, except that the justice may decide causes or
proceedings theretofore submitted, or hear and decide motions submitted by
consent of counsel, but any such justice, when not actually engaged in
performing the duties of such appellate justice in the department to which
he or she is designated, may hold any term of the supreme court and
exercise any of the powers of a justice of the supreme court in any
judicial district in any other department of the state.
k. The appellate divisions of the supreme court shall have all the
jurisdiction possessed by them on the effective date of this article and
such additional jurisdiction as may be prescribed by law, provided,
however, that the right to appeal to the appellate divisions from a
judgment or order which does not finally determine an action or special
proceeding may be limited or conditioned by law.
§ 5. a. Upon an appeal from a judgment or an order, any appellate court
to which the appeal is taken which is authorized to review such judgment or
order may reverse or affirm, wholly or in part, or may modify the judgment
or order appealed from, and each interlocutory judgment or intermediate or
other order which it is authorized to review, and as to any or all of the
parties. It shall thereupon render judgment of affirmance, judgment of
reversal and final judgment upon the right of any or all of the parties, or
judgment of modification thereon according to law, except where it may be
necessary or proper to grant a new trial or hearing, when it may grant a
new trial or hearing.
b. If any appeal is taken to an appellate court which is not authorized
to review such judgment or order, the court shall transfer the appeal to an
appellate court which is authorized to review such judgment or order.
§ 6. a. The state shall be divided into eleven judicial districts. The
first judicial district shall consist of the counties of Bronx and New
York. The second judicial district shall consist of the counties of Kings
and Richmond. The third judicial district shall consist of the counties of
Albany, Columbia, Greene, Rensselaer, Schoharie, Sullivan, and Ulster. The
fourth judicial district shall consist of the counties of Clinton, Essex,
Franklin, Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga,
Schenectady, Warren and Washington. The fifth judicial district shall
consist of the counties of Herkimer, Jefferson, Lewis, Oneida, Onondaga,
and Oswego. The sixth judicial district shall consist of the counties of
Broome, Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler,
Tioga and Tompkins. The seventh judicial district shall consist of the
counties of Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and
Yates. The eighth judicial district shall consist of the counties of
Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and
Wyoming. The ninth judicial district shall consist of the counties of
Dutchess, Orange, Putnam, Rockland and Westchester. The tenth judicial
district shall consist of the counties of Nassau and Suffolk. The eleventh
judicial district shall consist of the county of Queens.
b. Once every ten years the legislature may increase or decrease the
number of judicial districts or alter the composition of judicial districts
and thereupon re-apportion the justices to be thereafter elected in the
judicial districts so altered. Each judicial district shall be bounded by
county lines.
c. The justices of the supreme court shall be chosen by the electors of
the judicial district in which they are to serve. The terms of justices of
the supreme court shall be fourteen years from and including the first day
of January next after their election.
d. The supreme court is continued. It shall consist of the number of
justices of the supreme court including the justices designated to the
appellate divisions of the supreme court, judges of the county court of the
counties of Bronx, Kings, Queens and Richmond and judges of the court of
general sessions of the county of New York authorized by law on the
thirty-first day of August next after the approval and ratification of this
amendment by the people, all of whom shall be justices of the supreme court
for the remainder of their terms. The legislature may increase the number
of justices of the supreme court in any judicial district, except that the
number in any district shall not be increased to exceed one justice for
fifty thousand, or fraction over thirty thousand, of the population thereof
as shown by the last federal census or state enumeration. The legislature
may decrease the number of justices of the supreme court in any judicial
district, except that the number in any district shall not be less than the
number of justices of the supreme court authorized by law on the effective
date of this article.
e. The clerks of the several counties shall be clerks of the supreme
court, with such powers and duties as shall be prescribed by law.
§ 7. a. The supreme court shall have general original jurisdiction in law
and equity and the appellate jurisdiction herein provided. In the city of
New York, it shall have exclusive jurisdiction over crimes prosecuted by
indictment, provided, however, that the legislature may grant to the
city-wide court of criminal jurisdiction of the city of New York
jurisdiction over misdemeanors prosecuted by indictment and to the family
court in the city of New York jurisdiction over crimes and offenses by or
against minors or between spouses or between parent and child or between
members of the same family or household.
b. If the legislature shall create new classes of actions and
proceedings, the supreme court shall have jurisdiction over such classes of
actions and proceedings, but the legislature may provide that another court
or other courts shall also have jurisdiction and that actions and
proceedings of such classes may be originated in such other court or
courts.
§ 8. a. The appellate division of the supreme court in each judicial
department may establish an appellate term in and for such department or in
and for a judicial district or districts or in and for a county or counties
within such department. Such an appellate term shall be composed of not
less than three nor more than five justices of the supreme court who shall
be designated from time to time by the chief administrator of the courts
with the approval of the presiding justice of the appropriate appellate
division, and who shall be residents of the department or of the judicial
district or districts as the case may be and the chief administrator of the
courts shall designate the place or places where such appellate terms shall
be held.
b. Any such appellate term may be discontinued and re-established as the
appellate division of the supreme court in each department shall determine
from time to time and any designation to service therein may be revoked by
the chief administrator of the courts with the approval of the presiding
justice of the appropriate appellate division.
c. In each appellate term no more than three justices assigned thereto
shall sit in any action or proceeding. Two of such justices shall
constitute a quorum and the concurrence of two shall be necessary to a
decision.
d. If so directed by the appellate division of the supreme court
establishing an appellate term, an appellate term shall have jurisdiction
to hear and determine appeals now or hereafter authorized by law to be
taken to the supreme court or to the appellate division other than appeals
from the supreme court, a surrogate's court, the family court or appeals in
criminal cases prosecuted by indictment or by information as provided in
section six of article one.
e. As may be provided by law, an appellate term shall have jurisdiction
to hear and determine appeals from the district court or a town, village or
city court outside the city of New York.
§ 9. The court of claims is continued. It shall consist of the eight
judges now authorized by law, but the legislature may increase such number
and may reduce such number to six or seven. The judges shall be appointed
by the governor by and with the advice and consent of the senate and their
terms of office shall be nine years. The court shall have jurisdiction to
hear and determine claims against the state or by the state against the
claimant or between conflicting claimants as the legislature may provide.
§ 10. a. The county court is continued in each county outside the city of
New York. There shall be at least one judge of the county court in each
county and such number of additional judges in each county as may be
provided by law. The judges shall be residents of the county and shall be
chosen by the electors of the county.
b. The terms of the judges of the county court shall be ten years from
and including the first day of January next after their election.
§ 11. a. The county court shall have jurisdiction over the following
classes of actions and proceedings which shall be originated in such county
court in the manner provided by law, except that actions and proceedings
within the jurisdiction of the district court or a town, village or city
court outside the city of New York may, as provided by law, be originated
therein: actions and proceedings for the recovery of money, actions and
proceedings for the recovery of chattels and actions and proceedings for
the foreclosure of mechanics liens and liens on personal property where the
amount sought to be recovered or the value of the property does not exceed
twenty-five thousand dollars exclusive of interest and costs; over all
crimes and other violations of law; over summary proceedings to recover
possession of real property and to remove tenants therefrom; and over such
other actions and proceedings, not within the exclusive jurisdiction of the
supreme court, as may be provided by law.
b. The county court shall exercise such equity jurisdiction as may be
provided by law and its jurisdiction to enter judgment upon a counterclaim
for the recovery of money only shall be unlimited.
c. The county court shall have jurisdiction to hear and determine all
appeals arising in the county in the following actions and proceedings: as
of right, from a judgment or order of the district court or a town, village
or city court which finally determines an action or proceeding and, as may
be provided by law, from a judgment or order of any such court which does
not finally determine an action or proceeding. The legislature may provide,
in accordance with the provisions of section eight of this article, that
any or all of such appeals be taken to an appellate term of the supreme
court instead of the county court.
d. The provisions of this section shall in no way limit or impair the
jurisdiction of the supreme court as set forth in section seven of this
article.
§ 12. a. The surrogate's court is continued in each county in the state.
There shall be at least one judge of the surrogate's court in each county
and such number of additional judges of the surrogate's court as may be
provided by law.
b. The judges of the surrogate's court shall be residents of the county
and shall be chosen by the electors of the county.
c. The terms of the judges of the surrogate's court in the city of New
York shall be fourteen years, and in other counties ten years, from and
including the first day of January next after their election.
d. The surrogate's court shall have jurisdiction over all actions and
proceedings relating to the affairs of decedents, probate of wills,
administration of estates and actions and proceedings arising thereunder or
pertaining thereto, guardianship of the property of minors, and such other
actions and proceedings, not within the exclusive jurisdiction of the
supreme court, as may be provided by law.
e. The surrogate's court shall exercise such equity jurisdiction as may
be provided by law.
f. The provisions of this section shall in no way limit or impair the
jurisdiction of the supreme court as set forth in section seven of this
article.
§ 13. a. The family court of the state of New York is hereby established.
It shall consist of at least one judge in each county outside the city of
New York and such number of additional judges for such counties as may be
provided by law. Within the city of New York it shall consist of such
number of judges as may be provided by law. The judges of the family court
within the city of New York shall be residents of such city and shall be
appointed by the mayor of the city of New York for terms of ten years. The
judges of the family court outside the city of New York, shall be chosen by
the electors of the counties wherein they reside for terms of ten years.
b. The family court shall have jurisdiction over the following classes of
actions and proceedings which shall be originated in such family court in
the manner provided by law: (1) the protection, treatment, correction and
commitment of those minors who are in need of the exercise of the authority
of the court because of circumstances of neglect, delinquency or
dependency, as the legislature may determine; (2) the custody of minors
except for custody incidental to actions and proceedings for marital
separation, divorce, annulment of marriage and dissolution of marriage; (3)
the adoption of persons; (4) the support of dependents except for support
incidental to actions and proceedings in this state for marital separation,
divorce, annulment of marriage or dissolution of marriage; (5) the
establishment of paternity; (6) proceedings for conciliation of spouses;
and (7) as may be provided by law: the guardianship of the person of minors
and, in conformity with the provisions of section seven of this article,
crimes and offenses by or against minors or between spouses or between
parent and child or between members of the same family or household.
Nothing in this section shall be construed to abridge the authority or
jurisdiction of courts to appoint guardians in cases originating in those
courts.
c. The family court shall also have jurisdiction to determine, with the
same powers possessed by the supreme court, the following matters when
referred to the family court from the supreme court: habeas corpus
proceedings for the determination of the custody of minors; and in actions
and proceedings for marital separation, divorce, annulment of marriage and
dissolution of marriage, applications to fix temporary or permanent support
and custody, or applications to enforce judgments and orders of support and
of custody, or applications to modify judgments and orders of support and
of custody which may be granted only upon the showing to the family court
that there has been a subsequent change of circumstances and that
modification is required.
d. The provisions of this section shall in no way limit or impair the
jurisdiction of the supreme court as set forth in section seven of this
article.
§ 14. The legislature may at any time provide that outside the city of
New York the same person may act and discharge the duties of county judge
and surrogate or of judge of the family court and surrogate, or of county
judge and judge of the family court, or of all three positions in any
county.
§ 15. a. The legislature shall by law establish a single court of
city-wide civil jurisdiction and a single court of city-wide criminal
jurisdiction in and for the city of New York and the legislature may, upon
the request of the mayor and the local legislative body of the city of New
York, merge the two courts into one city-wide court of both civil and
criminal jurisdiction. The said city-wide courts shall consist of such
number of judges as may be provided by law. The judges of the court of
city-wide civil jurisdiction shall be residents of such city and shall be
chosen for terms of ten years by the electors of the counties included
within the city of New York from districts within such counties established
by law. The judges of the court of city-wide criminal jurisdiction shall be
residents of such city and shall be appointed for terms of ten years by the
mayor of the city of New York.
b. The court of city-wide civil jurisdiction of the city of New York
shall have jurisdiction over the following classes of actions and
proceedings which shall be originated in such court in the manner provided
by law: actions and proceedings for the recovery of money, actions and
proceedings for the recovery of chattels and actions and proceedings for
the foreclosure of mechanics liens and liens on personal property where the
amount sought to be recovered or the value of the property does not exceed
twenty-five thousand dollars exclusive of interest and costs, or such
smaller amount as may be fixed by law; over summary proceedings to recover
possession of real property and to remove tenants therefrom and over such
other actions and proceedings, not within the exclusive jurisdiction of the
supreme court, as may be provided by law. The court of city-wide civil
jurisdiction shall further exercise such equity jurisdiction as may be
provided by law and its jurisdiction to enter judgment upon a counterclaim
for the recovery of money only shall be unlimited.
c. The court of city-wide criminal jurisdiction of the city of New York
shall have jurisdiction over crimes and other violations of law, other than
those prosecuted by indictment, provided, however, that the legislature may
grant to said court jurisdiction over misdemeanors prosecuted by
indictment; and over such other actions and proceedings, not within the
exclusive jurisdiction of the supreme court, as may be provided by law.
d. The provisions of this section shall in no way limit or impair the
jurisdiction of the supreme court as set forth in section seven of this
article.
§ 16. a. The district court of Nassau county may be continued under
existing law and the legislature may, at the request of the board of
supervisors or other elective governing body of any county outside the city
of New York, establish the district court for the entire area of such
county or for a portion of such county consisting of one or more cities, or
one or more towns which are contiguous, or of a combination of such cities
and such towns provided at least one of such cities is contiguous to one of
such towns.
b. No law establishing the district court for an entire county shall
become effective unless approved at a general election on the question of
the approval of such law by a majority of the votes cast thereon by the
electors within the area of any cities in the county considered as one unit
and by a majority of the votes cast thereon by the electors within the area
outside of cities in the county considered as one unit.
c. No law establishing the district court for a portion of a county shall
become effective unless approved at a general election on the question of
the approval of such law by a majority of the votes cast thereon by the
electors within the area of any cities included in such portion of the
county considered as one unit and by a majority of the votes cast thereon
by the electors within the area outside of cities included in such portion
of the county considered as one unit.
d. The district court shall have such jurisdiction as may be provided by
law, but not in any respect greater than the jurisdiction of the courts for
the city of New York as provided in section fifteen of this article,
provided, however, that in actions and proceedings for the recovery of
money, actions and proceedings for the recovery of chattels and actions and
proceedings for the foreclosure of mechanics liens and liens on personal
property, the amount sought to be recovered or the value of the property
shall not exceed fifteen thousand dollars exclusive of interest and costs.
e. The legislature may create districts of the district court which shall
consist of an entire county or of an area less than a county.
f. There shall be at least one judge of the district court for each
district and such number of additional judges in each district as may be
provided by law.
g. The judges of the district court shall be apportioned among the
districts as may be provided by law, and to the extent practicable, in
accordance with the population and the volume of judicial business.
h. The judges shall be residents of the district and shall be chosen by
the electors of the district. Their terms shall be six years from and
including the first day of January next after their election.
i. The legislature may regulate and discontinue the district court in any
county or portion thereof.
§ 17. a. Courts for towns, villages and cities outside the city of New
York are continued and shall have the jurisdiction prescribed by the
legislature but not in any respect greater than the jurisdiction of the
district court as provided in section sixteen of this article.
b. The legislature may regulate such courts, establish uniform
jurisdiction, practice and procedure for city courts outside the city of
New York and may discontinue any village or city court outside the city of
New York existing on the effective date of this article. The legislature
may discontinue any town court existing on the effective date of this
article only with the approval of a majority of the total votes cast at a
general election on the question of a proposed discontinuance of the court
in each such town affected thereby.
c. The legislature may abolish the legislative functions on town boards
of justices of the peace and provide that town councilmen be elected in
their stead.
d. The number of the judges of each of such town, village and city courts
and the classification and duties of the judges shall be prescribed by the
legislature. The terms, method of selection and method of filling vacancies
for the judges of such courts shall be prescribed by the legislature,
provided, however, that the justices of town courts shall be chosen by the
electors of the town for terms of four years from and including the first
day of January next after their election.
§ 18. a. Trial by jury is guaranteed as provided in article one of this
constitution. The legislature may provide that in any court of original
jurisdiction a jury shall be composed of six or of twelve persons and may
authorize any court which shall have jurisdiction over crimes and other
violations of law, other than crimes prosecuted by indictment, to try such
matters without a jury, provided, however, that crimes prosecuted by
indictment shall be tried by a jury composed of twelve persons, unless a
jury trial has been waived as provided in section two of article one of
this constitution.
b. The legislature may provide for the manner of trial of actions and
proceedings involving claims against the state.
§ 19. a. The supreme court may transfer any action or proceeding, except
one over which it shall have exclusive jurisdiction which does not depend
upon the monetary amount sought, to any other court having jurisdiction of
the subject matter within the judicial department provided that such other
court has jurisdiction over the classes of persons named as parties. As may
be provided by law, the supreme court may transfer to itself any action or
proceeding originated or pending in another court within the judicial
department other than the court of claims upon a finding that such a
transfer will promote the administration of justice.
b. The county court shall transfer to the supreme court or surrogate's
court or family court any action or proceeding which has not been
transferred to it from the supreme court or surrogate's court or family
court and over which the county court has no jurisdiction. The county court
may transfer any action or proceeding, except a criminal action or
proceeding involving a felony prosecuted by indictment or an action or
proceeding required by this article to be dealt with in the surrogate's
court or family court, to any court, other than the supreme court, having
jurisdiction of the subject matter within the county provided that such
other court has jurisdiction over the classes of persons named as parties.
c. As may be provided by law, the supreme court or the county court may
transfer to the county court any action or proceeding originated or pending
in the district court or a town, village or city court outside the city of
New York upon a finding that such a transfer will promote the
administration of justice.
d. The surrogate's court shall transfer to the supreme court or the
county court or the family court or the courts for the city of New York
established pursuant to section fifteen of this article any action or
proceeding which has not been transferred to it from any of said courts and
over which the surrogate's court has no jurisdiction.
e. The family court shall transfer to the supreme court or the
surrogate's court or the county court or the courts for the city of New
York established pursuant to section fifteen of this article any action or
proceeding which has not been transferred to it from any of said courts and
over which the family court has no jurisdiction.
f. The courts for the city of New York established pursuant to section
fifteen of this article shall transfer to the supreme court or the
surrogate's court or the family court any action or proceeding which has
not been transferred to them from any of said courts and over which the
said courts for the city of New York have no jurisdiction.
g. As may be provided by law, the supreme court shall transfer any action
or proceeding to any other court having jurisdiction of the subject matter
in any other judicial district or county provided that such other court has
jurisdiction over the classes of persons named as parties.
h. As may be provided by law, the county court, the surrogate's court,
the family court and the courts for the city of New York established
pursuant to section fifteen of this article may transfer any action or
proceeding, other than one which has previously been transferred to it, to
any other court, except the supreme court, having jurisdiction of the
subject matter in any other judicial district or county provided that such
other court has jurisdiction over the classes of persons named as parties.
i. As may be provided by law, the district court or a town, village or
city court outside the city of New York may transfer any action or
proceeding, other than one which has previously been transferred to it, to
any court, other than the county court or the surrogate's court or the
family court or the supreme court, having jurisdiction of the subject
matter in the same or an adjoining county provided that such other court
has jurisdiction over the classes of persons named as parties.
j. Each court shall exercise jurisdiction over any action or proceeding
transferred to it pursuant to this section.
k. The legislature may provide that the verdict or judgment in actions
and proceedings so transferred shall not be subject to the limitation of
monetary jurisdiction of the court to which the actions and proceedings are
transferred if that limitation be lower than that of the court in which the
actions and proceedings were originated.
§ 20. a. No person, other than one who holds such office at the effective
date of this article, may assume the office of judge of the court of
appeals, justice of the supreme court, or judge of the court of claims
unless he or she has been admitted to practice law in this state at least
ten years. No person, other than one who holds such office at the effective
date of this article, may assume the office of judge of the county court,
surrogate's court, family court, a court for the city of New York
established pursuant to section fifteen of this article, district court or
city court outside the city of New York unless he or she has been admitted
to practice law in this state at least five years or such greater number of
years as the legislature may determine.
b. A judge of the court of appeals, justice of the supreme court, judge
of the court of claims, judge of a county court, judge of the surrogate's
court, judge of the family court or judge of a court for the city of New
York established pursuant to section fifteen of this article who is elected
or appointed after the effective date of this article may not:
(1) hold any other public office or trust except an office in relation to
the administration of the courts, member of a constitutional convention or
member of the armed forces of the United States or of the state of New York
in which latter event the legislature may enact such legislation as it
deems appropriate to provide for a temporary judge or justice to serve
during the period of the absence of such judge or justice in the armed
forces;
(2) be eligible to be a candidate for any public office other than
judicial office or member of a constitutional convention, unless he or she
resigns from judicial office; in the event a judge or justice does not so
resign from judicial office within ten days after his or her acceptance of
the nomination of such other office, his or her judicial office shall
become vacant and the vacancy shall be filled in the manner provided in
this article;
(3) hold any office or assume the duties or exercise the powers of any
office of any political organization or be a member of any governing or
executive agency thereof;
(4) engage in the practice of law, act as an arbitrator, referee or
compensated mediator in any action or proceeding or matter or engage in the
conduct of any other profession or business which interferes with the
performance of his or her judicial duties.
Judges and justices of the courts specified in this subdivision shall
also be subject to such rules of conduct as may be promulgated by the chief
administrator of the courts with the approval of the court of appeals.
c. Qualifications for and restrictions upon the judges of district, town,
village or city courts outside the city of New York, other than such
qualifications and restrictions specifically set forth in subdivision a of
this section, shall be prescribed by the legislature, provided, however,
that the legislature shall require a course of training and education to be
completed by justices of town and village courts selected after the
effective date of this article who have not been admitted to practice law
in this state. Judges of such courts shall also be subject to such rules of
conduct not inconsistent with laws as may be promulgated by the chief
administrator of the courts with the approval of the court of appeals.
§ 21. a. When a vacancy shall occur, otherwise than by expiration of
term, in the office of justice of the supreme court, of judge of the county
court, of judge of the surrogate's court or judge of the family court
outside the city of New York, it shall be filled for a full term at the
next general election held not less than three months after such vacancy
occurs and, until the vacancy shall be so filled, the governor by and with
the advice and consent of the senate, if the senate shall be in session,
or, if the senate not be in session, the governor may fill such vacancy by
an appointment which shall continue until and including the last day of
December next after the election at which the vacancy shall be filled.
b. When a vacancy shall occur, otherwise than by expiration of term, in
the office of judge of the court of claims, it shall be filled for the
unexpired term in the same manner as an original appointment.
c. When a vacancy shall occur, otherwise than by expiration of term, in
the office of judge elected to the city-wide court of civil jurisdiction of
the city of New York, it shall be filled for a full term at the next
general election held not less than three months after such vacancy occurs
and, until the vacancy shall be so filled, the mayor of the city of New
York may fill such vacancy by an appointment which shall continue until and
including the last day of December next after the election at which the
vacancy shall be filled. When a vacancy shall occur, otherwise than by
expiration of term on the last day of December of any year, in the office
of judge appointed to the family court within the city of New York or the
city-wide court of criminal jurisdiction of the city of New York, the mayor
of the city of New York shall fill such vacancy by an appointment for the
unexpired term.
d. When a vacancy shall occur, otherwise than by expiration of term, in
the office of judge of the district court, it shall be filled for a full
term at the next general election held not less than three months after
such vacancy occurs and, until the vacancy shall be so filled, the board of
supervisors or the supervisor or supervisors of the affected district if
such district consists of a portion of a county or, in counties with an
elected county executive officer, such county executive officer may,
subject to confirmation by the board of supervisors or the supervisor or
supervisors of such district, fill such vacancy by an appointment which
shall continue until and including the last day of December next after the
election at which the vacancy shall be filled.
§ 22. a. There shall be a commission on judicial conduct. The commission
on judicial conduct shall receive, initiate, investigate and hear
complaints with respect to the conduct, qualifications, fitness to perform
or performance of official duties of any judge or justice of the unified
court system, in the manner provided by law; and, in accordance with
subdivision d of this section, may determine that a judge or justice be
admonished, censured or removed from office for cause, including, but not
limited to, misconduct in office, persistent failure to perform his or her
duties, habitual intemperance, and conduct, on or off the bench,
prejudicial to the administration of justice, or that a judge or justice be
retired for mental or physical disability preventing the proper performance
of his or her judicial duties. The commission shall transmit an* such
determination to the chief judge of the court of appeals who shall cause
written notice of such determination to be given to the judge or justice
involved. Such judge or justice may either accept the commission's
determination or make written request to the chief judge, within thirty
days after receipt of such notice, for a review of such determination by
the court of appeals.
* So in original. ("an" should be "any".)
b. (1) The commission on judicial conduct shall consist of eleven
members, of whom four shall be appointed by the governor, one by the
temporary president of the senate, one by the minority leader of the
senate, one by the speaker of the assembly, one by the minority leader of
the assembly and three by the chief judge of the court of appeals. Of the
members appointed by the governor one person shall be a member of the bar
of the state but not a judge or justice, two shall not be members of the
bar, justices or judges or retired justices or judges of the unified court
system, and one shall be a judge or justice of the unified court system. Of
the members appointed by the chief judge one person shall be a justice of
the appellate division of the supreme court and two shall be judges or
justices of a court or courts other than the court of appeals or appellate
divisions. None of the persons to be appointed by the legislative leaders
shall be justices or judges or retired justices or judges.
(2) The persons first appointed by the governor shall have respectively
one, two, three, and four-year terms as the governor shall designate. The
persons first appointed by the chief judge of the court of appeals shall
have respectively two, three, and four-year terms as the governor shall
designate. The person first appointed by the temporary president of the
senate shall have a one-year term. The person first appointed by the
minority leader of the senate shall have a two-year term. The person first
appointed by the speaker of the assembly shall have a four-year term. The
person first appointed by the minority leader of the assembly shall have a
three-year term. Each member of the commission shall be appointed
thereafter for a term of four years. Commission membership of a judge or
justice appointed by the governor or the chief judge shall terminate if
such member ceases to hold the judicial position which qualified him or her
for such appointment. Membership shall also terminate if a member attains a
position which would have rendered him or her ineligible for appointment at
the time of appointment. A vacancy shall be filled by the appointing
officer for the remainder of the term.
c. The organization and procedure of the commission on judicial conduct
shall be as provided by law. The commission on judicial conduct may
establish its own rules and procedures not inconsistent with law. Unless
the legislature shall provide otherwise, the commission shall be empowered
to designate one of its members or any other person as a referee to hear
and report concerning any matter before the commission.
d. In reviewing a determination of the commission on judicial conduct,
the court of appeals may admonish, censure, remove or retire, for the
reasons set forth in subdivision a of this section, any judge of the
unified court system. In reviewing a determination of the commission on
judicial conduct, the court of appeals shall review the commission's
findings of fact and conclusions of law on the record of the proceedings
upon which the commission's determination was based. The court of appeals
may impose a less or more severe sanction prescribed by this section than
the one determined by the commission, or impose no sanction.
e. The court of appeals may suspend a judge or justice from exercising
the powers of his or her office while there is pending a determination by
the commission on judicial conduct for his or her removal or retirement, or
while the judge or justice is charged in this state with a felony by an
indictment or an information filed pursuant to section six of article one.
The suspension shall continue upon conviction and, if the conviction
becomes final, the judge or justice shall be removed from office. The
suspension shall be terminated upon reversal of the conviction and
dismissal of the accusatory instrument. Nothing in this subdivision shall
prevent the commission on judicial conduct from determining that a judge or
justice be admonished, censured, removed, or retired pursuant to
subdivision a of this section.
f. Upon the recommendation of the commission on judicial conduct or on
its own motion, the court of appeals may suspend a judge or justice from
office when he or she is charged with a crime punishable as a felony under
the laws of this state, or any other crime which involves moral turpitude.
The suspension shall continue upon conviction and, if the conviction
becomes final, the judge or justice shall be removed from office. The
suspension shall be terminated upon reversal of the conviction and
dismissal of the accusatory instrument. Nothing in this subdivision shall
prevent the commission on judicial conduct from determining that a judge or
justice be admonished, censured, removed, or retired pursuant to
subdivision a of this section.
g. A judge or justice who is suspended from office by the court of
appeals shall receive his or her judicial salary during such period of
suspension, unless the court directs otherwise. If the court has so
directed and such suspension is thereafter terminated, the court may direct
that the judge or justice shall be paid his or her salary for such period
of suspension.
h. A judge or justice retired by the court of appeals shall be considered
to have retired voluntarily. A judge or justice removed by the court of
appeals shall be ineligible to hold other judicial office.
i. Notwithstanding any other provision of this section, the legislature
may provide by law for review of determinations of the commission on
judicial conduct with respect to justices of town and village courts by an
appellate division of the supreme court. In such event, all references in
this section to the court of appeals and the chief judge thereof shall be
deemed references to an appellate division and the presiding justice
thereof, respectively.
j. If a court on the judiciary shall have been convened before the
effective date of this section and the proceeding shall not be concluded by
that date, the court on the judiciary shall have continuing jurisdiction
beyond the effective date of this section to conclude the proceeding. All
matters pending before the former commission on judicial conduct on the
effective date of this section shall be disposed of in such manner as shall
be provided by law.
§ 23. a. Judges of the court of appeals and justices of the supreme court
may be removed by concurrent resolution of both houses of the legislature,
if two-thirds of all the members elected to each house concur therein.
b. Judges of the court of claims, the county court, the surrogate's
court, the family court, the courts for the city of New York established
pursuant to section fifteen of this article, the district court and such
other courts as the legislature may determine may be removed by the senate,
on the recommendation of the governor, if two-thirds of all the members
elected to the senate concur therein.
c. No judge or justice shall be removed by virtue of this section except
for cause, which shall be entered on the journals, nor unless he or she
shall have been served with a statement of the cause alleged, and shall
have had an opportunity to be heard. On the question of removal, the yeas
and nays shall be entered on the journal.
§ 24. The assembly shall have the power of impeachment by a vote of a
majority of all the members elected thereto. The court for the trial of
impeachments shall be composed of the president of the senate, the
senators, or the major part of them, and the judges of the court of
appeals, or the major part of them. On the trial of an impeachment against
the governor or lieutenant-governor, neither the lieutenant-governor nor
the temporary president of the senate shall act as a member of the court.
No judicial officer shall exercise his or her office after articles of
impeachment against him or her shall have been preferred to the senate,
until he or she shall have been acquitted. Before the trial of an
impeachment, the members of the court shall take an oath or affirmation
truly and impartially to try the impeachment according to the evidence, and
no person shall be convicted without the concurrence of two-thirds of the
members present. Judgment in cases of impeachment shall not extend further
than to removal from office, or removal from office and disqualification to
hold and enjoy any public office of honor, trust, or profit under this
state; but the party impeached shall be liable to indictment and punishment
according to law.
§ 25. a. The compensation of a judge of the court of appeals, a justice
of the supreme court, a judge of the court of claims, a judge of the county
court, a judge of the surrogate's court, a judge of the family court, a
judge of a court for the city of New York established pursuant to section
fifteen of this article, a judge of the district court or of a retired
judge or justice shall be established by law and shall not be diminished
during the term of office for which he or she was elected or appointed. Any
judge or justice of a court abolished by section thirty-five of this
article, who pursuant to that section becomes a judge or justice of a court
established or continued by this article, shall receive without
interruption or diminution for the remainder of the term for which he or
she was elected or appointed to the abolished court the compensation he or
she had been receiving upon the effective date of this article together
with any additional compensation that may be prescribed by law.
b. Each judge of the court of appeals, justice of the supreme court,
judge of the court of claims, judge of the county court, judge of the
surrogate's court, judge of the family court, judge of a court for the city
of New York established pursuant to section fifteen of this article and
judge of the district court shall retire on the last day of December in the
year in which he or she reaches the age of seventy. Each such former judge
of the court of appeals and justice of the supreme court may thereafter
perform the duties of a justice of the supreme court, with power to hear
and determine actions and proceedings, provided, however, that it shall be
certificated in the manner provided by law that the services of such judge
or justice are necessary to expedite the business of the court and that he
or she is mentally and physically able and competent to perform the full
duties of such office. Any such certification shall be valid for a term of
two years and may be extended as provided by law for additional terms of
two years. A retired judge or justice shall serve no longer than until the
last day of December in the year in which he or she reaches the age of
seventy-six. A retired judge or justice shall be subject to assignment by
the appellate division of the supreme court of the judicial department of
his or her residence. Any retired justice of the supreme court who had
been designated to and served as a justice of any appellate division
immediately preceding his or her reaching the age of seventy shall be
eligible for designation by the governor as a temporary or additional
justice of the appellate division. A retired judge or justice shall not be
counted in determining the number of justices in a judicial district for
purposes of subdivision d of section six of this article.
c. The provisions of this section shall also be applicable to any judge
or justice who has not reached the age of seventy-six and to whom it would
otherwise have been applicable but for the fact that he or she reached the
age of seventy and retired before the effective date of this article.
§ 26. a. A justice of the supreme court may perform the duties of office
or hold court in any county and may be temporarily assigned to the supreme
court in any judicial district or to the court of claims. A justice of the
supreme court in the city of New York may be temporarily assigned to the
family court in the city of New York or to the surrogate's court in any
county within the city of New York when required to dispose of the business
of such court.
b. A judge of the court of claims may perform the duties of office or
hold court in any county and may be temporarily assigned to the supreme
court in any judicial district.
c. A judge of the county court may perform the duties of office or hold
court in any county and may be temporarily assigned to the supreme court in
the judicial department of his or her residence or to the county court or
the family court in any county or to the surrogate's court in any county
outside the city of New York or to a court for the city of New York
established pursuant to section fifteen of this article.
d. A judge of the surrogate's court in any county within the city of New
York may perform the duties of office or hold court in any county and may
be temporarily assigned to the supreme court in the judicial department of
his or her residence.
e. A judge of the surrogate's court in any county outside the city of New
York may perform the duties of office or hold court in any county and may
be temporarily assigned to the supreme court in the judicial department of
his or her residence or to the county court or the family court in any
county or to a court for the city of New York established pursuant to
section fifteen of this article.
f. A judge of the family court may perform the duties of office or hold
court in any county and may be temporarily assigned to the supreme court in
the judicial department of his or her residence or to the county court or
the family court in any county or to the surrogate's court in any county
outside of the city of New York or to a court for the city of New York
established pursuant to section fifteen of this article.
g. A judge of a court for the city of New York established pursuant to
section fifteen of this article may perform the duties of office or hold
court in any county and may be temporarily assigned to the supreme court in
the judicial department of his or her residence or to the county court or
the family court in any county or to the other court for the city of New
York established pursuant to section fifteen of this article.
h. A judge of the district court in any county may perform the duties of
office or hold court in any county and may be temporarily assigned to the
county court in the judicial department of his or her residence or to a
court for the city of New York established pursuant to section fifteen of
this article or to the district court in any county.
i. Temporary assignments of all the foregoing judges or justices listed
in this section, and of judges of the city courts pursuant to paragraph two
of subdivision j of this section, shall be made by the chief administrator
of the courts in accordance with standards and administrative policies
established pursuant to section twenty-eight of this article.
j. (1) The legislature may provide for temporary assignments within the
county of residence or any adjoining county, of judges of town, village or
city courts outside the city of New York.
(2) In addition to any temporary assignments to which a judge of a city
court may be subject pursuant to paragraph one of this subdivision, such
judge also may be temporarily assigned by the chief administrator of the
courts to the county court, the family court or the district court within
his or her county of residence or any adjoining county provided he or she
is not permitted to practice law.
k. While temporarily assigned pursuant to the provisions of this section,
any judge or justice shall have the powers, duties and jurisdiction of a
judge or justice of the court to which assigned. After the expiration of
any temporary assignment, as provided in this section, the judge or justice
assigned shall have all the powers, duties and jurisdiction of a judge or
justice of the court to which he or she was assigned with respect to
matters pending before him or her during the term of such temporary
assignment.
§ 27. The governor may, when in his or her opinion the public interest
requires, appoint extraordinary terms of the supreme court. The governor
shall designate the time and place of holding the term and the justice who
shall hold the term. The governor may terminate the assignment of the
justice and may name another justice in his or her place to hold the term.
§ 28. a. The chief judge of the court of appeals shall be the chief judge
of the state of New York and shall be the chief judicial officer of the
unified court system. There shall be an administrative board of the courts
which shall consist of the chief judge of the court of appeals as
chairperson and the presiding justice of the appellate division of the
supreme court of each judicial department. The chief judge shall, with the
advice and consent of the administrative board of the courts, appoint a
chief administrator of the courts who shall serve at the pleasure of the
chief judge.
b. The chief administrator, on behalf of the chief judge, shall supervise
the administration and operation of the unified court system. In the
exercise of such responsibility, the chief administrator of the courts
shall have such powers and duties as may be delegated to him or her by the
chief judge and such additional powers and duties as may be provided by
law.
c. The chief judge, after consultation with the administrative board,
shall establish standards and administrative policies for general
application throughout the state, which shall be submitted by the chief
judge to the court of appeals, together with the recommendations, if any,
of the administrative board. Such standards and administrative policies
shall be promulgated after approval by the court of appeals.
§ 29. a. The legislature shall provide for the allocation of the cost of
operating and maintaining the court of appeals, the appellate division of
the supreme court in each judicial department, the supreme court, the court
of claims, the county court, the surrogate's court, the family court, the
courts for the city of New York established pursuant to section fifteen of
this article and the district court, among the state, the counties, the
city of New York and other political subdivisions.
b. The legislature shall provide for the submission of the itemized
estimates of the annual financial needs of the courts referred to in
subdivision a of this section to the chief administrator of the courts to
be forwarded to the appropriating bodies with recommendations and comment.
c. Insofar as the expense of the courts is borne by the state or paid by
the state in the first instance, the final determination of the itemized
estimates of the annual financial needs of the courts shall be made by the
legislature and the governor in accordance with articles four and seven of
this constitution.
d. Insofar as the expense of the courts is not paid by the state in the
first instance and is borne by counties, the city of New York or other
political subdivisions, the final determination of the itemized estimates
of the annual financial needs of the courts shall be made by the
appropriate governing bodies of such counties, the city of New York or
other political subdivisions.
§ 30. The legislature shall have the same power to alter and regulate the
jurisdiction and proceedings in law and in equity that it has heretofore
exercised. The legislature may, on such terms as it shall provide and
subject to subsequent modification, delegate, in whole or in part, to a
court, including the appellate division of the supreme court, or to the
chief administrator of the courts, any power possessed by the legislature
to regulate practice and procedure in the courts. The chief administrator
of the courts shall exercise any such power delegated to him or her with
the advice and consent of the administrative board of the courts. Nothing
herein contained shall prevent the adoption of regulations by individual
courts consistent with the general practice and procedure as provided by
statute or general rules.
§ 31. This article does not apply to the peacemakers courts or other
Indian courts, the existence and operation of which shall continue as may
be provided by law.
§ 32. When any court having jurisdiction over a child shall commit it or
remand it to an institution or agency or place it in the custody of any
person by parole, placing out, adoption or guardianship, the child shall be
committed or remanded or placed, when practicable, in an institution or
agency governed by persons, or in the custody of a person, of the same
religious persuasion as the child.
§ 33. Existing provisions of law not inconsistent with this article shall
continue in force until repealed, amended, modified or superseded in
accordance with the provisions of this article. The legislature shall enact
appropriate laws to carry into effect the purposes and provisions of this
article, and may, for the purpose of implementing, supplementing or
clarifying any of its provisions, enact any laws, not inconsistent with the
provisions of this article, necessary or desirable in promoting the
objectives of this article.
§ 34. a. The court of appeals, the appellate division of the supreme
court, the supreme court, the court of claims, the county court in counties
outside the city of New York, the surrogate's court and the district court
of Nassau county shall hear and determine all appeals, actions and
proceedings pending therein on the effective date of this article except
that the appellate division of the supreme court in the first and second
judicial departments or the appellate term in such departments, if so
directed by the appropriate appellate division of the supreme court, shall
hear and determine all appeals pending in the appellate terms of the
supreme court in the first and second judicial departments and in the court
of special sessions of the city of New York and except that the county
court or an appellate term shall, as may be provided by law, hear and
determine all appeals pending in the county court or the supreme court
other than an appellate term. Further appeal from a decision of the county
court, the appellate term or the appellate division of the supreme court,
rendered on or after the effective date of this article, shall be governed
by the provisions of this article.
b. The justices of the supreme court in office on the effective date of
this article shall hold their offices as justices of the supreme court
until the expiration of their respective terms.
c. The judges of the court of claims in office on the effective date of
this article shall hold their offices as judges of the court of claims
until the expiration of their respective terms.
d. The surrogates, and county judges outside the city of New York,
including the special county judges of the counties of Erie and Suffolk, in
office on the effective date of this article shall hold office as judges of
the surrogate's court or county judge, respectively, of such counties until
the expiration of their respective terms.
e. The judges of the district court of Nassau county in office on the
effective date of this article shall hold their offices until the
expiration of their respective terms.
f. Judges of courts for towns, villages and cities outside the city of
New York in office on the effective date of this article shall hold their
offices until the expiration of their respective terms.
§ 35. a. The children's courts, the court of general sessions of the
county of New York, the county courts of the counties of Bronx, Kings,
Queens and Richmond, the city court of the city of New York, the domestic
relations court of the city of New York, the municipal court of the city of
New York, the court of special sessions of the city of New York and the
city magistrates' courts of the city of New York are abolished from and
after the effective date of this article and thereupon the seals, records,
papers and documents of or belonging to such courts shall, unless otherwise
provided by law, be deposited in the offices of the clerks of the several
counties in which these courts now exist.
b. The judges of the county court of the counties of Bronx, Kings, Queens
and Richmond and the judges of the court of general sessions of the county
of New York in office on the effective date of this article shall, for the
remainder of the terms for which they were elected or appointed, be
justices of the supreme court in and for the judicial district which
includes the county in which they resided on that date. The salaries of
such justices shall be the same as the salaries of the other justices of
the supreme court residing in the same judicial district and shall be paid
in the same manner. All actions and proceedings pending in the county court
of the counties of Bronx, Kings, Queens and Richmond and in the court of
general sessions of the county of New York on the effective date of this
article shall be transferred to the supreme court in the county in which
the action or proceedings was pending, or otherwise as may be provided by
law.
c. The legislature shall provide by law that the justices of the city
court of the city of New York and the justices of the municipal court of
the city of New York in office on the date such courts are abolished shall,
for the remainder of the term for which each was elected or appointed, be
judges of the city-wide court of civil jurisdiction of the city of New York
established pursuant to section fifteen of this article and for such
district as the legislature may determine.
d. The legislature shall provide by law that the justices of the court of
special sessions and the magistrates of the city magistrates' courts of the
city of New York in office on the date such courts are abolished shall, for
the remainder of the term for which each was appointed, be judges of the
city-wide court of criminal jurisdiction of the city of New York
established pursuant to section fifteen provided, however, that each term
shall expire on the last day of the year in which it would have expired
except for the provisions of this article.
e. All actions and proceedings pending in the city court of the city of
New York and the municipal court in the city of New York on the date such
courts are abolished shall be transferred to the city-wide court of civil
jurisdiction of the city of New York established pursuant to section
fifteen of this article or as otherwise provided by law.
f. All actions and proceedings pending in the court of special sessions
of the city of New York and the city magistrates' courts of the city of New
York on the date such courts are abolished shall be transferred to the
city-wide court of criminal jurisdiction of the city of New York
established pursuant to section fifteen of this article or as otherwise
provided by law.
g. The special county judges of the counties of Broome, Chautauqua,
Jefferson, Oneida and Rockland and the judges of the children's courts in
all counties outside the city of New York in office on the effective date
of this article shall, for the remainder of the terms for which they were
elected or appointed, be judges of the family court in and for the county
in which they hold office. Except as otherwise provided in this section,
the office of special county judge and the office of special surrogate is
abolished from and after the effective date of this article and the terms
of the persons holding such offices shall terminate on that date.
h. All actions and proceedings pending in the children's courts in
counties outside the city of New York on the effective date of this article
shall be transferred to the family court in the respective counties.
i. The justices of the domestic relations court of the city of New York
in office on the effective date of this article shall, for the remainder of
the terms for which they were appointed, be judges of the family court
within the city of New York.
j. All actions and proceedings pending in the domestic relations court of
the city of New York on the effective date of this article shall be
transferred to the family court in the city of New York.
k. The office of official referee is abolished, provided, however, that
official referees in office on the effective date of this article shall,
for the remainder of the terms for which they were appointed or certified,
be official referees of the court in which appointed or certified or the
successor court, as the case may be. At the expiration of the term of any
official referee, his or her office shall be abolished and thereupon such
former official referee shall be subject to the relevant provisions of
section twenty-five of this article.
l. As may be provided by law, the non-judicial personnel of the courts
affected by this article in office on the effective date of this article
shall, to the extent practicable, be continued without diminution of
salaries and with the same status and rights in the courts established or
continued by this article; and especially skilled, experienced and trained
personnel shall, to the extent practicable, be assigned to like functions
in the courts which exercise the jurisdiction formerly exercised by the
courts in which they were employed. In the event that the adoption of this
article shall require or make possible a reduction in the number of
non-judicial personnel, or in the number of certain categories of such
personnel, such reduction shall be made, to the extent practicable, by
provision that the death, resignation, removal or retirement of an employee
shall not create a vacancy until the reduced number of personnel has been
reached.
m. In the event that a judgment or order was entered before the effective
date of this article and a right of appeal existed and notice of appeal
therefrom is filed after the effective date of this article, such appeal
shall be taken from the supreme court, the county courts, the surrogate's
courts, the children's courts, the court of general sessions of the county
of New York and the domestic relations court of the city of New York to the
appellate division of the supreme court in the judicial department in which
such court was located; from the court of claims to the appellate division
of the supreme court in the third judicial department, except for those
claims which arose in the fourth judicial department, in which case the
appeal shall be to the appellate division of the supreme court in the
fourth judicial department; from the city court of the city of New York,
the municipal court of the city of New York, the court of special sessions
of the city of New York and the city magistrates' courts of the city of New
York to the appellate division of the supreme court in the judicial
department in which such court was located, provided, however, that such
appellate division of the supreme court may transfer any such appeal to an
appellate term, if such appellate term be established; and from the
district court, town, village and city courts outside the city of New York
to the county court in the county in which such court was located,
provided, however, that the legislature may require the transfer of any
such appeal to an appellate term, if such appellate term be established.
Further appeal from a decision of a county court or an appellate term or
the appellate division of the supreme court shall be governed by the
provisions of this article. However, if in any action or proceeding decided
prior to the effective date of this article, a party had a right of direct
appeal from a court of original jurisdiction to the court of appeals, such
appeal may be taken directly to the court of appeals.
n. In the event that an appeal was decided before the effective date of
this article and a further appeal could be taken as of right and notice of
appeal therefrom is filed after the effective date of this article, such
appeal may be taken from the appellate division of the supreme court to the
court of appeals and from any other court to the appellate division of the
supreme court. Further appeal from a decision of the appellate division of
the supreme court shall be governed by the provisions of this article. If a
further appeal could not be taken as of right, such appeal shall be
governed by the provisions of this article.
§ 36. No civil or criminal appeal, action or proceeding pending before
any court or any judge or justice on the effective date of this article
shall abate but such appeal, action or proceeding so pending shall be
continued in the courts as provided in this article and, for the purposes
of the disposition of such actions or proceedings only, the jurisdiction of
any court to which any such action or proceeding is transferred by this
article shall be coextensive with the jurisdiction of the former court from
which the action or proceeding was transferred. Except to the extent
inconsistent with the provisions of this article, subsequent proceedings in
such appeal, action or proceeding shall be conducted in accordance with the
laws in force on the effective date of this article until superseded in the
manner authorized by law.
§ 36-a. The amendments to the provisions of sections two, four, seven,
eight, eleven, twenty, twenty-two, twenty-six, twenty-eight, twenty-nine
and thirty of article six and to the provisions of section one of article
seven, as first proposed by a concurrent resolution passed by the
legislature in the year nineteen hundred seventy-six and entitled
"Concurrent Resolution of the Senate and Assembly proposing amendments to
articles six and seven of the constitution, in relation to the manner of
selecting judges of the court of appeals, creation of a commission on
judicial conduct and administration of the unified court system, providing
for the effectiveness of such amendments and the repeal of subdivision c of
section two, subdivision b of section seven, subdivision b of section
eleven, section twenty-two and section twenty-eight of article six thereof
relating thereto", shall become a part of the constitution on the first day
of January next after the approval and ratification of the amendments
proposed by such concurrent resolution by the people but the provisions
thereof shall not become operative and the repeal of subdivision c of
section two, section twenty-two and section twenty-eight shall not become
effective until the first day of April next thereafter which date shall be
deemed the effective date of such amendments and the chief judge and the
associate judges of the court of appeals in office on such effective date
shall hold their offices until the expiration of their respective terms.
Upon a vacancy in the office of any such judge, such vacancy shall be
filled in the manner provided in section two of article six.
§ 36-c. The amendments to the provisions of section twenty-two of article
six as first proposed by a concurrent resolution passed by the legislature
in the year nineteen hundred seventy-four and entitled "Concurrent
Resolution of the Senate and Assembly proposing an amendment to section
twenty-two of article six and adding section thirty-six-c to such article
of the constitution, in relation to the powers of and reconstituting the
court on the judiciary and creating a commission on judicial conduct",
shall become a part of the constitution on the first day of January next
after the approval and ratification of the amendments proposed by such
concurrent resolution by the people but the provisions thereof shall not
become operative until the first day of September next thereafter which
date shall be deemed the effective date of such amendments.
§ 37. This article shall become a part of the constitution on the first
day of January next after the approval and ratification of this amendment
by the people but its provisions shall not become operative until the first
day of September next thereafter which date shall be deemed the effective
date of this article.
ARTICLE VII
State Finances
Section 1. For the preparation of the budget, the head of each department
of state government, except the legislature and judiciary, shall furnish
the governor such estimates and information in such form and at such times
as the governor may require, copies of which shall forthwith be furnished
to the appropriate committees of the legislature. The governor shall hold
hearings thereon at which the governor may require the attendance of heads
of departments and their subordinates. Designated representatives of such
committees shall be entitled to attend the hearings thereon and to make
inquiry concerning any part thereof.
Itemized estimates of the financial needs of the legislature, certified
by the presiding officer of each house, and of the judiciary, approved by
the court of appeals and certified by the chief judge of the court of
appeals, shall be transmitted to the governor not later than the first day
of December in each year for inclusion in the budget without revision but
with such recommendations as the governor may deem proper. Copies of the
itemized estimates of the financial needs of the judiciary also shall
forthwith be transmitted to the appropriate committees of the legislature.
§ 2. Annually, on or before the first day of February in each year
following the year fixed by the constitution for the election of governor
and lieutenant governor, and on or before the second Tuesday following the
first day of the annual meeting of the legislature, in all other years, the
governor shall submit to the legislature a budget containing a complete
plan of expenditures proposed to be made before the close of the ensuing
fiscal year and all moneys and revenues estimated to be available therefor,
together with an explanation of the basis of such estimates and
recommendations as to proposed legislation, if any, which the governor may
deem necessary to provide moneys and revenues sufficient to meet such
proposed expenditures. It shall also contain such other recommendations and
information as the governor may deem proper and such additional information
as may be required by law.
§ 3. At the time of submitting the budget to the legislature the governor
shall submit a bill or bills containing all the proposed appropriations and
reappropriations included in the budget and the proposed legislation, if
any, recommended therein.
The governor may at any time within thirty days thereafter and, with the
consent of the legislature, at any time before the adjournment thereof,
amend or supplement the budget and submit amendments to any bills submitted
by him or her or submit supplemental bills.
The governor and the heads of departments shall have the right, and it
shall be the duty of the heads of departments when requested by either
house of the legislature or an appropriate committee thereof, to appear and
be heard in respect to the budget during the consideration thereof, and to
answer inquiries relevant thereto. The procedure for such appearances and
inquiries shall be provided by law.
§ 4. The legislature may not alter an appropriation bill submitted by the
governor except to strike out or reduce items therein, but it may add
thereto items of appropriation provided that such additions are stated
separately and distinctly from the original items of the bill and refer
each to a single object or purpose. None of the restrictions of this
section, however, shall apply to appropriations for the legislature or
judiciary.
Such an appropriation bill shall when passed by both houses be a law
immediately without further action by the governor, except that
appropriations for the legislature and judiciary and separate items added
to the governor's bills by the legislature shall be subject to approval of
the governor as provided in section 7 of article IV.
§ 5. Neither house of the legislature shall consider any other bill
making an appropriation until all the appropriation bills submitted by the
governor shall have been finally acted on by both houses, except on message
from the governor certifying to the necessity of the immediate passage of
such a bill.
§ 6. Except for appropriations contained in the bills submitted by the
governor and in a supplemental appropriation bill for the support of
government, no appropriations shall be made except by separate bills each
for a single object or purpose. All such bills and such supplemental
appropriation bill shall be subject to the governor's approval as provided
in section 7 of article IV.
No provision shall be embraced in any appropriation bill submitted by the
governor or in such supplemental appropriation bill unless it relates
specifically to some particular appropriation in the bill, and any such
provision shall be limited in its operation to such appropriation.
§ 7. No money shall ever be paid out of the state treasury or any of its
funds, or any of the funds under its management, except in pursuance of an
appropriation by law; nor unless such payment be made within two years next
after the passage of such appropriation act; and every such law making a
new appropriation or continuing or reviving an appropriation, shall
distinctly specify the sum appropriated, and the object or purpose to which
it is to be applied; and it shall not be sufficient for such law to refer
to any other law to fix such sum.
§ 8. 1. The money of the state shall not be given or loaned to or in aid
of any private corporation or association, or private undertaking; nor
shall the credit of the state be given or loaned to or in aid of any
individual, or public or private corporation or association, or private
undertaking, but the foregoing provisions shall not apply to any fund or
property now held or which may hereafter be held by the state for
educational, mental health or mental retardation purposes.
2. Subject to the limitations on indebtedness and taxation, nothing in
this constitution contained shall prevent the legislature from providing
for the aid, care and support of the needy directly or through subdivisions
of the state; or for the protection by insurance or otherwise, against the
hazards of unemployment, sickness and old age; or for the education and
support of the blind, the deaf, the dumb, the physically handicapped, the
mentally ill, the emotionally disturbed, the mentally retarded or juvenile
delinquents as it may deem proper; or for health and welfare services for
all children, either directly or through subdivisions of the state,
including school districts; or for the aid, care and support of neglected
and dependent children and of the needy sick, through agencies and
institutions authorized by the state board of social welfare or other state
department having the power of inspection thereof, by payments made on a
per capita basis directly or through the subdivisions of the state; or for
the increase in the amount of pensions of any member of a retirement system
of the state, or of a subdivision of the state; or for an increase in the
amount of pension benefits of any widow or widower of a retired member of a
retirement system of the state or of a subdivision of the state to whom
payable as beneficiary under an optional settlement in connection with the
pension of such member. The enumeration of legislative powers in this
paragraph shall not be taken to diminish any power of the legislature
hitherto existing.
3. Nothing in this constitution contained shall prevent the legislature
from authorizing the loan of the money of the state to a public corporation
to be organized for the purpose of making loans to non-profit corporations
or for the purpose of guaranteeing loans made by banking organizations, as
that term shall be defined by the legislature, to finance the construction
of new industrial or manufacturing plants, the construction of new
buildings to be used for research and development, the construction of
other eligible business facilities, and for the purchase of machinery and
equipment related to such new industrial or manufacturing plants, research
and development buildings, and other eligible business facilities in this
state or the acquisition, rehabilitation or improvement of former or
existing industrial or manufacturing plants, buildings to be used for
research and development, other eligible business facilities, and machinery
and equipment in this state, including the acquisition of real property
therefor, and the use of such money by such public corporation for such
purposes, to improve employment opportunities in any area of the state,
provided, however, that any such plants, buildings or facilities or
machinery and equipment therefor shall not be (i) primarily used in making
retail sales of goods or services to customers who personally visit such
facilities to obtain such goods or services or (ii) used primarily as a
hotel, apartment house or other place of business which furnishes dwelling
space or accommodations to either residents or transients, and provided
further that any loan by such public corporation shall not exceed sixty per
centum of the cost of any such project and the repayment of which shall be
secured by a mortgage thereon which shall not be a junior encumbrance
thereon by more than fifty per centum of such cost or by a security
interest if personalty, and that the amount of any guarantee of a loan made
by a banking organization shall not exceed eighty per centum of the cost of
any such project.
§ 9. The state may contract debts in anticipation of the receipt of taxes
and revenues, direct or indirect, for the purposes and within the amounts
of appropriations theretofore made. Notes or other obligations for the
moneys so borrowed shall be issued as may be provided by law, and shall
with the interest thereon be paid from such taxes and revenues within one
year from the date of issue.
The state may also contract debts in anticipation of the receipt of the
proceeds of the sale of bonds theretofore authorized, for the purpose and
within the amounts of the bonds so authorized. Notes or obligations for the
money so borrowed shall be issued as may be provided by law, and shall with
the interest thereon be paid from the proceeds of the sale of such bonds
within two years from the date of issue, except as to bonds issued or to be
issued for any of the purposes authorized by article eighteen of this
constitution, in which event the notes or obligations shall with the
interest thereon be paid from the proceeds of the sale of such bonds within
five years from the date of issue.
§ 10. In addition to the above limited power to contract debts, the state
may contract debts to repel invasion, suppress insurrection, or defend the
state in war, or to suppress forest fires; but the money arising from the
contracting of such debts shall be applied for the purpose for which it was
raised, or to repay such debts, and to no other purpose whatever.
§ 11. Except the debts or refunding debts specified in sections 9, 10 and
13 of this article, no debt shall be hereafter contracted by or in behalf
of the state, unless such debt shall be authorized by law, for some single
work or purpose, to be distinctly specified therein. No such law shall take
effect until it shall, at a general election, have been submitted to the
people, and have received a majority of all the votes cast for and against
it at such election nor shall it be submitted to be voted on within three
months after its passage nor at any general election when any other law or
any bill shall be submitted to be voted for or against.
The legislature may, at any time after the approval of such law by the
people, if no debt shall have been contracted in pursuance thereof, repeal
the same; and may at any time, by law, forbid the contracting of any
further debt or liability under such law.
§ 12. Except the debts or refunding debts specified in sections 9, 10 and
13 of this article, all debts contracted by the state and each portion of
any such debt from time to time so contracted shall be subject to the
following rules:
1. The principal of each debt or any portion thereof shall either be paid
in equal annual installments or in installments that result in
substantially level or declining debt service payments such as shall be
authorized by law, or, in the alternative, contributions of principal in
the amount that would otherwise be required to be paid annually shall be
made to a sinking fund.
2. When some portions of the same debt are payable annually while other
portions require contributions to a sinking fund, the entire debt shall be
structured so that the combined amount of annual installments of principal
paid and/or annual contributions of principal made in each year shall be
equal to the amount that would be required to be paid if the entire debt
were payable in annual installments.
3. When interest on state obligations is not paid at least annually,
there shall also be contributed to a sinking fund at least annually, the
amount necessary to bring the balance thereof, including income earned on
contributions, to the accreted value of the obligations to be paid
therefrom on the date such contribution is made, less the sum of all
required future contributions of principal, in the case of sinking fund
obligations, or payments of principal, in the case of serial obligations.
Notwithstanding the foregoing, nothing contained in this subdivision shall
be deemed to require contributions for interest to sinking funds if total
debt service due on the debt or portion thereof in the year such interest
is due will be substantially the same as the total debt service due on such
debt or portion thereof in each other year or if the total amount of debt
service due in each subsequent year on such debt or portion thereof shall
be less than the total debt service due in each prior year.
4. The first annual installment on such debt shall be paid, or the first
annual contribution shall be made to a sinking fund, not more than one
year, and the last installment shall be paid, or contribution made not more
than forty years, after such debt or portion thereof shall have been
contracted, provided, however, that in contracting any such debt the
privilege of paying all or any part of such debt prior to the date on which
the same shall be due may be reserved to the state in such manner as may be
provided by law.
5. No such debt shall be contracted for a period longer than that of the
probable life of the work or purpose for which the debt is to be
contracted, or in the alternative, the weighted average period of probable
life of the works or purposes for which such indebtedness is to be
contracted. The probable lives of such works or purposes shall be
determined by general laws, which determination shall be conclusive.
6. The money arising from any loan creating such debt or liability shall
be applied only to the work or purpose specified in the act authorizing
such debt or liability, or for the payment of such debt or liability,
including any notes or obligations issued in anticipation of the sale of
bonds evidencing such debt or liability.
7. Any sinking funds created pursuant to this section shall be maintained
and managed by the state comptroller or an agent or trustee designated by
the state comptroller, and amounts in sinking funds created pursuant to
this section, and earnings thereon, shall be used solely for the purpose of
retiring the obligations secured thereby except that amounts in excess of
the required balance on any contribution date and amounts remaining in such
funds after all of the obligations secured thereby have been retired shall
be deposited in the general fund.
8. No appropriation shall be required for disbursement of money, or
income earned thereon, from any sinking fund created pursuant to this
section for the purpose of paying principal of and interest on the
obligations for which such fund was created, except that interest shall be
paid from any such fund only if, and to the extent that, it is not payable
annually and contributions on account of such interest were made thereto.
9. The provisions of section 15 of this article shall not apply to
sinking funds created pursuant to this section.
10. When state obligations are sold at a discount, the debt incurred for
purposes of determining the amount of debt issued or outstanding pursuant
to a voter approved bond referendum or other limitation on the amount of
debt that may be issued or outstanding for a work or purpose shall be
deemed to include only the amount of money actually received by the state
notwithstanding the face amount of such obligations.
§ 13. The legislature may provide means and authority whereby any state
debt or debts, or any portion or combination thereof, may be refunded in
accordance with the following provisions:
1. State debts may be refunded at any time after they are incurred
provided that the state will achieve a debt service savings on a present
value basis as a result of the refunding transaction, and further provided
that no maturity shall be called for redemption unless the privilege to pay
prior to the maturity date was reserved to the state. The legislature may
provide for the method of computation of present value for such purpose.
2. In no event shall refunding obligations be issued in an amount
exceeding that necessary to provide sufficient funds to accomplish the
refunding of the obligations to be refunded including paying all costs and
expenses related to the refunding transaction and, in no event, shall the
proceeds of refunding obligations be applied to any purpose other than
accomplishing the refunding of the debt to be refunded and paying costs and
expenses related to the refunding.
3. Proceeds of refunding obligations shall be deposited in escrow funds
which shall be maintained and managed by the state comptroller or by an
agent or trustee designated by the state comptroller and no legislative
appropriation shall be required for disbursement of money, or income earned
thereon, from such escrow funds for the purposes enumerated in this
section.
4. Refunding obligations may be refunded pursuant to this section.
5. Refunding obligations shall either be paid in annual installments or
annual contributions shall be made to a sinking fund in amounts sufficient
to retire the refunding obligations at their maturity. No annual
installments or contributions of principal need be made with respect to all
or any portion of an issue of refunding obligations in years when debt
service on such refunding obligations or portion thereof is paid or
contributed entirely from an escrow fund created pursuant to subdivision 3
of this section or in years when no installments or contributions would
have been due on the obligations to be refunded. So long as any of the
refunding obligations remain outstanding, installments or contributions
shall be made in any years that installments or contributions would have
been due on the obligations to be refunded.
6. In no event shall the last annual installment or contribution on any
portion of refunding debt, including refunding obligations issued to refund
other refunding obligations, be made after the termination of the period of
probable life of the projects financed with the proceeds of the relevant
portion of the debt to be refunded, or any debt previously refunded with
the refunding obligations to be refunded, determined as of the date of
issuance of the original obligations pursuant to section 12 of this article
to finance such projects, or forty years from such date, if earlier;
provided, however, that in lieu of the foregoing, an entire refunding issue
or portion thereof may be structured to mature over the remaining weighted
average useful life of all projects financed with the obligations being
refunded.
7. Subject to the provisions of subdivision 5 of this section, each
annual installment or contribution of principal of refunding obligations
shall be equal to the amount that would be required by subdivision 1 of
section 12 of this article if such installments or contributions were
required to be made from the year that the next installment or contribution
would have been due on the obligations to be refunded, if they had not been
refunded, until the final maturity of the refunding obligations but
excluding any year in which no installment or contribution would have been
due on the obligations to be refunded or, in the alternative, the total
payments of principal and interest on the refunding bonds shall be less in
each year to their final maturity than the total payments of principal and
interest on the bonds to be refunded in each such year.
8. The provisions of subdivision 3 and subdivisions 7 through 9 of
section 12 of this article shall apply to sinking funds created pursuant to
this section for the payment at maturity of refunding obligations.
§ 14. The legislature may authorize by law the creation of a debt or
debts of the state, not exceeding in the aggregate three hundred million
dollars, to provide moneys for the elimination, under state supervision, of
railroad crossings at grade within the state, and for incidental
improvements connected therewith as authorized by this section. The
provisions of this article, not inconsistent with this section, relating to
the issuance of bonds for a debt or debts of the state and the maturity and
payment thereof, shall apply to a state debt or debts created pursuant to
this section; except that the law authorizing the contracting of such debt
or debts shall take effect without submission to the people pursuant to
section 11 of this article. The aggregate amount of a state debt or debts
which may be created pursuant to this section shall not exceed the
difference between the amount of the debt or debts heretofore created or
authorized by law, under the provisions of section 14 of article VII of the
constitution in force on July first, nineteen hundred thirty-eight, and the
sum of three hundred million dollars.
The expense of any grade crossing elimination the construction work for
which was not commenced before January first, nineteen hundred thirty-nine,
including incidental improvements connected therewith as authorized by this
section, whether or not an order for such elimination shall theretofore
have been made, shall be paid by the state in the first instance, but the
state shall be entitled to recover from the railroad company or companies,
by way of reimbursement (1) the entire amount of the railroad improvements
not an essential part of elimination, and (2) the amount of the net benefit
to the company or companies from the elimination exclusive of such railroad
improvements, the amount of such net benefit to be adjudicated after the
completion of the work in the manner to be prescribed by law, and in no
event to exceed fifteen per centum of the expense of the elimination,
exclusive of all incidental improvements. The reimbursement by the railroad
companies shall be payable at such times, in such manner and with interest
at such rate as the legislature may prescribe.
The expense of any grade crossing elimination the construction work for
which was commenced before January first, nineteen hundred thirty-nine,
shall be borne by the state, railroad companies, and the municipality or
municipalities in the proportions formerly prescribed by section 14 of
article VII of the constitution in force on July first, nineteen hundred
thirty-eight, and the law or laws enacted pursuant to its provisions,
applicable to such elimination, and subject to the provisions of such
former section and law or laws, including advances in aid of any railroad
company or municipality, although such elimination shall not be completed
until after January first, nineteen hundred thirty-nine.
A grade crossing elimination the construction work for which shall be
commenced after January first, nineteen hundred thirty-nine, shall include
incidental improvements rendered necessary or desirable because of such
elimination, and reasonably included in the engineering plans therefor. Out
of the balance of all moneys authorized to be expended under section 14 of
article VII of the constitution in force on July first, nineteen hundred
thirty-eight, and remaining unexpended and unobligated on such date, fifty
million dollars shall be deemed segregated for grade crossing eliminations
and incidental improvements in the city of New York and shall be available
only for such purposes until such eliminations and improvements are
completed and paid for.
Notwithstanding any of the foregoing provisions of this section the
legislature is hereby authorized to appropriate, out of the proceeds of
bonds now or hereafter sold to provide moneys for the elimination of
railroad crossings at grade and incidental improvements pursuant to this
section, sums not exceeding in the aggregate sixty million dollars for the
construction and reconstruction of state highways and parkways.
§ 15. The sinking funds provided for the payment of interest and the
extinguishment of the principal of the debts of the state heretofore
contracted shall be continued; they shall be separately kept and safely
invested, and neither of them shall be appropriated or used in any manner
other than for such payment and extinguishment as hereinafter provided. The
comptroller shall each year appraise the securities held for investment in
each of such funds at their fair market value not exceeding par. The
comptroller shall then determine and certify to the legislature the amount
of each of such funds and the amounts which, if thereafter annually
contributed to each such fund, would, with the fund and with the
accumulations thereon and upon the contributions thereto, computed at the
rate of three per centum per annum, produce at the date of maturity the
amount of the debt to retire which such fund was created, and the
legislature shall thereupon appropriate as the contribution to each such
fund for such year at least the amount thus certified.
If the income of any such fund in any year is more than a sum which, if
annually added to such fund would, with the fund and its accumulations as
aforesaid, retire the debt at maturity, the excess income may be applied to
the interest on the debt for which the fund was created.
After any sinking fund shall equal in amount the debt for which it was
created no further contribution shall be made thereto except to make good
any losses ascertained at the annual appraisals above mentioned, and the
income thereof shall be applied to the payment of the interest on such
debt. Any excess in such income not required for the payment of interest
may be applied to the general fund of the state.
§ 16. The legislature shall annually provide by appropriation for the
payment of the interest upon and installments of principal of all debts or
refunding debts created on behalf of the state except those contracted
under section 9 of this article, as the same shall fall due, and for the
contribution to all of the sinking funds created by law, of the amounts
annually to be contributed under the provisions of section 12, 13 or 15 of
this article. If at any time the legislature shall fail to make any such
appropriation, the comptroller shall set apart from the first revenues
thereafter received, applicable to the general fund of the state, a sum
sufficient to pay such interest, installments of principal, or
contributions to such sinking fund, as the case may be, and shall so apply
the moneys thus set apart. The comptroller may be required to set aside and
apply such revenues as aforesaid, at the suit of any holder of such bonds.
Notwithstanding the foregoing provisions of this section, the comptroller
may covenant with the purchasers of any state obligations that they shall
have no further rights against the state for payment of such obligations or
any interest thereon after an amount or amounts determined in accordance
with the provisions of such covenant is deposited in a described fund or
with a named or described agency or trustee. In such case, this section
shall have no further application with respect to payment of such
obligations or any interest thereon after the comptroller has complied with
the prescribed conditions of such covenant.
§ 17. The legislature may establish a fund or funds to aid in the
stabilization of the tax revenues of the state available for expenditure or
distribution. Any law creating such a fund shall specify the tax or taxes
to which such fund relates, and shall prescribe the method of determining
the amount of revenue from any such tax or taxes which shall constitute a
norm of each fiscal year. Such part as shall be prescribed by law of any
revenue derived from such tax or taxes during a fiscal year in excess of
such norm shall be paid into such fund. No moneys shall at any time be
withdrawn from such fund unless the revenue derived from such tax or taxes
during a fiscal year shall fall below the norm for such year; in which
event such amount as may be prescribed by law, but in no event an amount
exceeding the difference between such revenue and such norm, shall be paid
from such fund into the general fund.
No law changing the method of determining a norm or prescribing the
amount to be paid into such a fund or to be paid from such a fund into the
general fund may become effective until three years from the date of its
enactment.
§ 18. The legislature may authorize by law the creation of a debt or
debts of the state to provide for the payment of a bonus to each male and
female member of the armed forces of the United States, still in the armed
forces, or separated or discharged under honorable conditions, for service
while on active duty with the armed forces at any time during the period
from December seventh, nineteen hundred forty-one to and including
September second, nineteen hundred forty-five, who was a resident of this
state for a period of at least six months immediately prior to his or her
enlistment, induction or call to active duty. The law authorizing the
creation of the debt shall provide for payment of such bonus to the next of
kin of each male and female member of the armed forces who, having been a
resident of this state for a period of six months immediately prior to his
or her enlistment, induction or call to active duty, died while on active
duty at any time during the period from December seventh, nineteen hundred
forty-one to and including September second, nineteen hundred forty-five;
or who died while on active duty subsequent to September second, nineteen
hundred forty-five, or after his or her separation or discharge under
honorable conditions, prior to receiving payment of such bonus. An
apportionment of the moneys on the basis of the periods and places of
service of such members of the armed forces shall be provided by general
laws. The aggregate of the debts authorized by this section shall not
exceed four hundred million dollars. The provisions of this article, not
inconsistent with this section, relating to the issuance of bonds for a
debt or debts of the state and the maturity and payment thereof, shall
apply to a debt or debts created pursuant to this section; except that the
law authorizing the contracting of such debt or debts shall take effect
without submission to the people pursuant to section eleven of this
article.
Proceeds of bonds issued pursuant to law, as authorized by this section
as in force prior to January first, nineteen hundred fifty shall be
available and may be expended for the payment of such bonus to persons
qualified therefor as now provided by this section.
§ 19. The legislature may authorize by law the creation of a debt or
debts of the state, not exceeding in the aggregate two hundred fifty
million dollars, to provide moneys for the construction, reconstruction,
rehabilitation, improvement and equipment of facilities for the expansion
and development of the program of higher education provided and to be
provided at institutions now or hereafter comprised within the state
university, for acquisition of real property therefor, and for payment of
the state's share of the capital costs of locally sponsored institutions of
higher education approved and regulated by the state university trustees.
The provisions of this article, not inconsistent with this section,
relating to the issuance of bonds for a debt or debts of the state and the
maturity and payment thereof, shall apply to a state debt or debts created
pursuant to this section; except that the law authorizing the contracting
of such debt or debts shall take effect without submission to the people
pursuant to section eleven of this article.
ARTICLE VIII
Local Finances
Section 1. No county, city, town, village or school district shall give
or loan any money or property to or in aid of any individual, or private
corporation or association, or private undertaking, or become directly or
indirectly the owner of stock in, or bonds of, any private corporation or
association; nor shall any county, city, town, village or school district
give or loan its credit to or in aid of any individual, or public or
private corporation or association, or private undertaking, except that two
or more such units may join together pursuant to law in providing any
municipal facility, service, activity or undertaking which each of such
units has the power to provide separately. Each such unit may be authorized
by the legislature to contract joint or several indebtedness, pledge its or
their faith and credit for the payment of such indebtedness for such joint
undertaking and levy real estate or other authorized taxes or impose
charges therefor subject to the provisions of this constitution otherwise
restricting the power of such units to contract indebtedness or to levy
taxes on real estate. The legislature shall have power to provide by law
for the manner and the proportion in which indebtedness arising out of such
joint undertakings shall be incurred by such units and shall have power to
provide a method by which such indebtedness shall be determined, allocated
and apportioned among such units and such indebtedness treated for purposes
of exclusion from applicable constitutional limitations, provided that in
no event shall more than the total amount of indebtedness incurred for such
joint undertaking be included in ascertaining the power of all such
participating units to incur indebtedness. Such law may provide that such
determination, allocation and apportionment shall be conclusive if made or
approved by the comptroller. This provision shall not prevent a county from
contracting indebtedness for the purpose of advancing to a town or school
district, pursuant to law, the amount of unpaid taxes returned to it.
Subject to the limitations on indebtedness and taxation applying to any
county, city, town or village nothing in this constitution contained shall
prevent a county, city or town from making such provision for the aid, care
and support of the needy as may be authorized by law, nor prevent any such
county, city or town from providing for the care, support, maintenance and
secular education of inmates of orphan asylums, homes for dependent
children or correctional institutions and of children placed in family
homes by authorized agencies, whether under public or private control, or
from providing health and welfare services for all children, nor shall
anything in this constitution contained prevent a county, city, town or
village from increasing the pension benefits payable to retired members of
a police department or fire department or to widows, dependent children or
dependent parents of members or retired members of a police department or
fire department; or prevent the city of New York from increasing the
pension benefits payable to widows, dependent children or dependent parents
of members or retired members of the relief and pension fund of the
department of street cleaning of the city of New York. Payments by
counties, cities or towns to charitable, eleemosynary, correctional and
reformatory institutions and agencies, wholly or partly under private
control, for care, support and maintenance, may be authorized, but shall
not be required, by the legislature. No such payments shall be made for any
person cared for by any such institution or agency, nor for a child placed
in a family home, who is not received and retained therein pursuant to
rules established by the state board of social welfare or other state
department having the power of inspection thereof.
§ 2. No county, city, town, village or school district shall contract any
indebtedness except for county, city, town, village or school district
purposes, respectively. No indebtedness shall be contracted for longer than
the period of probable usefulness of the object or purpose for which such
indebtedness is to be contracted, or, in the alternative, the weighted
average period of probable usefulness of the several objects or purposes
for which such indebtedness is to be contracted, to be determined by the
governing body of the county, city, town, village or school district
contracting such indebtedness pursuant to general or special laws of the
state legislature, which determination shall be conclusive, and in no event
for longer than forty years. Indebtedness or any portion thereof may be
refunded within either such period of probable usefulness, or average
period of probable usefulness, as may be determined by such governing body
computed from the date such indebtedness was contracted.
No indebtedness shall be contracted by any county, city, town, village or
school district unless such county, city, town, village or school district
shall have pledged its faith and credit for the payment of the principal
thereof and the interest thereon. Except for indebtedness contracted in
anticipation of the collection of taxes actually levied and uncollected or
to be levied for the year when such indebtedness is contracted and
indebtedness contracted to be paid in one of the two fiscal years
immediately succeeding the fiscal year in which such indebtedness was
contracted, all such indebtedness and each portion thereof from time to
time contracted, including any refunding thereof, shall be paid in annual
installments, the first of which, except in the case of refunding of
indebtedness heretofore contracted, shall be paid not more than two years
after such indebtedness or portion thereof shall have been contracted, and
no installment, except in the case of refunding of indebtedness heretofore
contracted, shall be more than fifty per centum in excess of the smallest
prior installment, unless the governing body of the county, city, town,
village or school district contracting such indebtedness provides for
substantially level or declining debt service payments as may be authorized
by law.
Notwithstanding the foregoing provisions, indebtedness contracted by the
city of New York and each portion of any such indebtedness from time to
time so contracted for the supply of water, including the acquisition of
land in connection with such purpose, may be financed either by serial
bonds with a maximum maturity of fifty years, in which case such
indebtedness shall be paid in annual installments as hereinbefore provided,
or by sinking fund bonds with a maximum maturity of fifty years, which
shall be redeemed through annual contributions to sinking funds established
and maintained for the purpose of amortizing the indebtedness for which
such bonds are issued. Notwithstanding the foregoing provisions,
indebtedness hereafter contracted by the city of New York and each portion
of any such indebtedness from time to time so contracted for (a) the
acquisition, construction or equipment of rapid transit railroads, or (b)
the construction of docks, including the acquisition of land in connection
with any of such purposes, may be financed either by serial bonds with a
maximum maturity of forty years, in which case such indebtedness shall be
paid in annual installments as hereinbefore provided, or by sinking fund
bonds with a maximum maturity of forty years, which shall be redeemed
through annual contributions to sinking funds established and maintained
for the purpose of amortizing the indebtedness for which such bonds are
issued.
Notwithstanding the foregoing provisions, but subject to such
requirements as the legislature shall impose by general or special law,
indebtedness contracted by any county, city, town, village or school
district and each portion thereof from time to time contracted for any
object or purpose for which indebtedness may be contracted may also be
financed by sinking fund bonds with a maximum maturity of fifty years,
which shall be redeemed through annual contributions to sinking funds
established by such county, city, town, village or school district,
provided, however, that each such annual contribution shall be at least
equal to the amount required, if any, to enable the sinking fund to redeem,
on the date of the contribution, the same amount of such indebtedness as
would have been paid and then be payable if such indebtedness had been
financed entirely by the issuance of serial bonds, except, if an issue of
sinking fund bonds is combined for sale with an issue of serial bonds, for
the same object or purpose, then the amount of each annual sinking fund
contribution shall be at least equal to the amount required, if any, to
enable the sinking fund to redeem, on the date of each such annual
contribution, (i) the amount which would be required to be paid annually if
such indebtedness had been issued entirely as serial bonds, less (ii) the
amount of indebtedness, if any, to be paid during such year on the portion
of such indebtedness actually issued as serial bonds. Sinking funds
established on or after January first, nineteen hundred eighty-six pursuant
to the preceding sentence shall be maintained and managed by the state
comptroller pursuant to such requirements and procedures as the legislature
shall prescribe, including provisions for reimbursement by the issuer of
bonds payable from such sinking funds for the expenses related to such
maintenance and management.
Provisions shall be made annually by appropriation by every county, city,
town, village and school district for the payment of interest on all
indebtedness and for the amounts required for (a) the amortization and
redemption of term bonds, sinking fund bonds and serial bonds, (b) the
redemption of certificates or other evidence of indebtedness (except those
issued in anticipation of the collection of taxes or other revenues, or
renewals thereof, and which are described in paragraph A of section five of
this article and those issued in anticipation of the receipt of the
proceeds of the sale of bonds theretofore authorized) contracted to be paid
in such year out of the tax levy or other revenues applicable to a
reduction thereof, and (c) the redemption of certificates or other evidence
of indebtedness issued in anticipation of the collection of taxes or other
revenues, or renewals thereof, which are not retired within five years
after their date of original issue. If at any time the respective
appropriating authorities shall fail to make such appropriations, a
sufficient sum shall be set apart from the first revenues thereafter
received and shall be applied to such purposes. The fiscal officer of any
county, city, town, village or school district may be required to set apart
and apply such revenues as aforesaid at the suit of any holder of
obligations issued for any such indebtedness.
Notwithstanding the foregoing, all interest need not be paid annually on
an issue of indebtedness provided that either (a) substantially level or
declining debt service payments (including all payments of interest) shall
be made over the life of such issue of indebtedness, or (b) there shall
annually be contributed to a sinking fund created pursuant to this section,
the amount necessary to bring the balance thereof, including income earned
on contributions, to the accreted value of the obligations to be paid
therefrom on the date such contribution is made, less the sum of all
required future contributions of principal, in the case of sinking fund
obligations, or payments of principal, in the case of serial obligations.
When obligations are sold by a county, city, town, village or school
district at a discount, the debt incurred for the purposes of any debt
limitation contained in this constitution, shall be deemed to include only
the amount of money actually received by the county, city, town, village or
school district, irrespective of the face amount of the obligations.
§ 2-a. Notwithstanding the provisions of section one of this article, the
legislature by general or special law and subject to such conditions as it
shall impose:
A. May authorize any county, city, town or village or any county or town
on behalf of an improvement district to contract indebtedness to provide a
supply of water, in excess of its own needs, for sale to any other public
corporation or improvement district;
B. May authorize two or more public corporations and improvement
districts to provide for a common supply of water and may authorize any
such corporation, or any county or town on behalf of an improvement
district, to contract joint indebtedness for such purpose or to contract
indebtedness for specific proportions of the cost;
C. May authorize any county, city, town or village or any county or town
on behalf of an improvement district to contract indebtedness to provide
facilities, in excess of its own needs, for the conveyance, treatment and
disposal of sewage from any other public corporation or improvement
district;
D. May authorize two or more public corporations and improvement
districts to provide for the common conveyance, treatment and disposal of
sewage and may authorize any such corporation, or any county or town on
behalf of an improvement district, to contract joint indebtedness for such
purpose or to contract indebtedness for specific proportions of the cost;
E. May authorize any county, city, town or village or any county or town
on behalf of an improvement district to contract indebtedness to provide
facilities, in excess of its own needs, for drainage purposes from any
other public corporation or improvement district.
F. May authorize two or more public corporations and improvement
districts to provide for a common drainage system and may authorize any
such corporation, or any county or town on behalf of an improvement
district, to contract joint indebtedness for such purpose or to contract
indebtedness for specific proportions of the cost.
Indebtedness contracted by a county, city, town or village pursuant to
this section shall be for a county, city, town or village purpose,
respectively. In ascertaining the power of a county, city, town or village
to contract indebtedness, any indebtedness contracted pursuant to
paragraphs A and B of this section shall be excluded.
The legislature shall provide the method by which a fair proportion of
joint indebtedness contracted pursuant to paragraphs D and F of this
section shall be allocated to any county, city, town or village.
The legislature by general law in terms and in effect applying alike to
all counties, to all cities, to all towns and/or to all villages also may
provide that all or any part of indebtedness contracted or proposed to be
contracted by any county, city, town or village pursuant to paragraphs D
and F of this section for a revenue producing public improvement or service
may be excluded periodically in ascertaining the power of such county,
city, town or village to contract indebtedness. The amount of any such
exclusion shall have a reasonable relation to the extent to which such
public improvement or service shall have yielded or is expected to yield
revenues sufficient to provide for the payment of the interest on and
amortization of or payment of indebtedness contracted or proposed to be
contracted for such public improvement or service, after deducting all
costs of operation, maintenance and repairs thereof. The legislature shall
provide the method by which a fair proportion of joint indebtedness
proposed to be contracted pursuant to paragraphs D and F of this section
shall be allocated to any county, city, town or village for the purpose of
determining the amount of any such exclusion. The provisions of paragraph C
of section five and section ten-a of this article shall not apply to
indebtedness contracted pursuant to paragraphs D and F of this section.
The legislature may provide that any allocation of indebtedness, or
determination of the amount of any exclusion of indebtedness, made pursuant
to this section shall be conclusive if made or approved by the state
comptroller.
§ 3. No municipal or other corporation (other than a county, city, town,
village, school district or fire district, or a river improvement, river
regulating, or drainage district, established by or under the supervision
of the department of conservation) possessing the power (a) to contract
indebtedness and (b) to levy taxes or benefit assessments upon real estate
or to require the levy of such taxes or assessments, shall hereafter be
established or created, but nothing herein shall prevent the creation of
improvement districts in counties and towns, provided that the county or
town or towns in which such districts are located shall pledge its or their
faith and credit for the payment of the principal of and interest on all
indebtedness to be contracted for the purposes of such districts, and in
ascertaining the power of any such county or town to contract indebtedness,
such indebtedness shall be included, unless such indebtedness would, under
the provisions of this article, be excluded in ascertaining the power of a
county or town to contract indebtedness. No such corporation now existing
shall hereafter contract any indebtedness without the consent, granted in
such manner as may be prescribed by general law, of the city or village
within which, or of the town within any unincorporated area of which any
real estate may be subject to such taxes or assessments. If the real estate
subject to such taxes or assessments is wholly within a city, village or
the unincorporated area of a town, in ascertaining the power of such city,
village or town to contract indebtedness, there shall be included any
indebtedness hereafter contracted by such corporation, unless such
indebtedness would, under the provisions of this article, be excluded if
contracted by such city, village or town. If only part of the real estate
subject to such taxes or assessments is within a city, village or the
unincorporated area of a town, in ascertaining the power of such city,
village or town to contract indebtedness, there shall be included the
proportion, determined as prescribed by general law, of any indebtedness
hereafter contracted by such corporation, unless such indebtedness would,
under the provisions of this article, be excluded if contracted by such
city, village or town.
§ 4. Except as otherwise provided in this constitution, no county, city,
town, village or school district described in this section shall be allowed
to contract indebtedness for any purpose or in any manner which, including
existing indebtedness, shall exceed an amount equal to the following
percentages of the average full valuation of taxable real estate of such
county, city, town, village or school district:
(a) the county of Nassau, for county purposes, ten per centum;
(b) any county, other than the county of Nassau, for county purposes,
seven per centum;
(c) the city of New York, for city purposes, ten per centum;
(d) any city, other than the city of New York, having one hundred
twenty-five thousand or more inhabitants according to the latest federal
census, for city purposes, nine per centum;
(e) any city having less than one hundred twenty-five thousand
inhabitants according to the latest federal census, for city purposes,
excluding education purposes, seven per centum;
(f) any town, for town purposes, seven per centum;
(g) any village for village purposes, seven per centum; and
(h) any school district which is coterminous with, or partly within, or
wholly within, a city having less than one hundred twenty-five thousand
inhabitants according to the latest federal census, for education purposes,
five per centum; provided, however, that such limitation may be increased
in relation to indebtedness for specified objects or purposes with (1) the
approving vote of sixty per centum or more of the duly qualified voters of
such school district voting on a proposition therefor submitted at a
general or special election, (2) the consent of The Regents of the
University of the State of New York and (3) the consent of the state
comptroller. The legislature shall prescribe by law the qualifications for
voting at any such election.
Except as otherwise provided in this constitution, any indebtedness
contracted in excess of the respective limitations prescribed in this
section shall be void.
In ascertaining the power of any city having less than one hundred
twenty-five thousand inhabitants according to the latest federal census to
contract indebtedness, indebtedness heretofore contracted by such city for
education purposes shall be excluded. Such indebtedness so excluded shall
be included in ascertaining the power of a school district which is
coterminous with, or partly within, or wholly within, such city to contract
indebtedness. The legislature shall prescribe by law the manner by which
the amount of such indebtedness shall be determined and allocated among
such school districts. Such law may provide that such determinations and
allocations shall be conclusive if made or approved by the state
comptroller.
In ascertaining the power of a school district described in this section
to contract indebtedness, certificates or other evidences of indebtedness
described in paragraph A of section five of this article shall be excluded.
The average full valuation of taxable real estate of any such county,
city, town, village or school district shall be determined in the manner
prescribed in section ten of this article.
Nothing contained in this section shall be deemed to restrict the powers
granted to the legislature by other provisions of this constitution to
further restrict the powers of any county, city, town, village or school
district to contract indebtedness.
§ 5. In ascertaining the power of a county, city, town or village to
contract indebtedness, there shall be excluded:
A. Certificates or other evidences of indebtedness (except serial bonds
of an issue having a maximum maturity of more than two years) issued for
purposes other than the financing of capital improvements and contracted to
be redeemed in one of the two fiscal years immediately succeeding the year
of their issue, and certificates or other evidences of indebtedness issued
in any fiscal year in anticipation of (a) the collection of taxes on real
estate for amounts theretofore actually levied and uncollected or to be
levied in such year and payable out of such taxes, (b) moneys receivable
from the state which have theretofore been apportioned by the state or
which are to be so apportioned within one year after their issue and (c)
the collection of any other taxes due and payable or to become due and
payable within one year or of other revenues to be received within one year
after their issue; excepting any such certificates or other evidences of
indebtedness or renewals thereof which are not retired within five years
after their date of original issue.
B. Indebtedness heretofore or hereafter contracted to provide for the
supply of water.
C. Indebtedness heretofore or hereafter contracted by any county, city,
town or village for a public improvement or part thereof, or service, owned
or rendered by such county, city, town or village, annually proportionately
to the extent that the same shall have yielded to such county, city, town
or village net revenue; provided, however, that such net revenue shall be
twenty-five per centum or more of the amount required in such year for the
payment of the interest on, amortization of, or payment of, such
indebtedness. Such exclusion shall be granted only if the revenues of such
public improvement or part thereof, or service, are applied to and actually
used for payment of all costs of operation, maintenance and repairs, and
payment of the amounts required in such year for interest on and
amortization of or redemption of such indebtedness, or such revenues are
deposited in a special fund to be used solely for such payments. Any
revenues remaining after such payments are made may be used for any lawful
purpose of such county, city, town or village, respectively.
Net revenue shall be determined by deducting from gross revenues of the
preceding year all costs of operation, maintenance and repairs for such
year, or the legislature may provide that net revenue shall be determined
by deducting from the average of the gross revenues of not to exceed five
of the preceding years during which the public improvement or part thereof,
or service, has been in operation, the average of all costs of operation,
maintenance and repairs for the same years.
A proportionate exclusion of indebtedness contracted or proposed to be
contracted also may be granted for the period from the date when such
indebtedness is first contracted or to be contracted for such public
improvement or part thereof, or service, through the first year of
operation of such public improvement or part thereof, or service. Such
exclusion shall be computed in the manner provided in this section on the
basis of estimated net revenue which shall be determined by deducting from
the gross revenues estimated to be received during the first year of
operation of such public improvement or part thereof, or service, all
estimated costs of operation, maintenance and repairs for such year. The
amount of any such proportionate exclusion shall not exceed seventy-five
per centum of the amount which would be excluded if the computation were
made on the basis of net revenue instead of estimated net revenue.
Except as otherwise provided herein, the legislature shall prescribe the
method by which and the terms and conditions under which the proportionate
amount of any such indebtedness to be so excluded shall be determined and
no proportionate amount of such indebtedness shall be excluded except in
accordance with such determination. The legislature may provide that the
state comptroller shall make such determination or it may confer
appropriate jurisdiction on the appellate division of the supreme court in
the judicial departments in which such counties, cities, towns or villages
are located for the purpose of determining the proportionate amount of any
such indebtedness to be so excluded.
The provisions of this paragraph C shall not affect or impair any
existing exclusions of indebtedness, or the power to exclude indebtedness,
granted by any other provision of this constitution.
D. Serial bonds, issued by any county, city, town or village which now
maintains a pension or retirement system or fund which is not on an
actuarial reserve basis with current payments to the reserve adequate to
provide for all current accruing liabilities. Such bonds shall not exceed
in the aggregate an amount sufficient to provide for the payment of the
liabilities of such system or fund, accrued on the date of issuing such
bonds, both on account of pensioners on the pension roll on that date and
prospective pensions to dependents of such pensioners and on account of
prior service of active members of such system or fund on that date. Such
bonds or the proceeds thereof shall be deposited in such system or fund.
Each such pension or retirement system or fund thereafter shall be
maintained on an actuarial reserve basis with current payments to the
reserve adequate to provide for all current accruing liabilities.
E. Indebtedness contracted on or after January first, nineteen hundred
sixty-two and prior to January first, two thousand fourteen, for the
construction or reconstruction of facilities for the conveyance, treatment
and disposal of sewage. The legislature shall prescribe the method by which
and the terms and conditions under which the amount of any such
indebtedness to be excluded shall be determined, and no such indebtedness
shall be excluded except in accordance with such determination.
§ 6. In ascertaining the power of the cities of Buffalo, Rochester and
Syracuse to contract indebtedness, in addition to the indebtedness excluded
by section 5 of this article, there shall be excluded:
Indebtedness not exceeding in the aggregate the sum of ten million
dollars, heretofore or hereafter contracted by the city of Buffalo or the
city of Rochester and indebtedness not exceeding in the aggregate the sum
of five million dollars heretofore or hereafter contracted by the city of
Syracuse for so much of the cost and expense of any public improvement as
may be required by the ordinance or other local law therein assessing the
same to be raised by assessment upon local property or territory.
§ 7. In ascertaining the power of the city of New York to contract
indebtedness, in addition to the indebtedness excluded by section five of
this article, there shall be excluded:
A. Indebtedness contracted prior to the first day of January, nineteen
hundred ten, for dock purposes proportionately to the extent to which the
current net revenues received by the city therefrom shall meet the interest
on and the annual requirements for the amortization of such indebtedness.
The legislature shall prescribe the method by which and the terms and
conditions under which the amount of any such indebtedness to be so
excluded shall be determined, and no such indebtedness shall be excluded
except in accordance with such determination. The legislature may confer
appropriate jurisdiction on the appellate division of the supreme court in
the first judicial department for the purpose of determining the amount of
any such indebtedness to be so excluded.
B. The aggregate of indebtedness initially contracted from time to time
after January first, nineteen hundred twenty-eight, for the construction or
equipment, or both, of new rapid transit railroads, not exceeding the sum
of three hundred million dollars. Any indebtedness thereafter contracted in
excess of such sum for such purposes shall not be so excluded, but this
provision shall not be construed to prevent the refunding of any of the
indebtedness excluded hereunder.
C. The aggregate of indebtedness initially contracted from time to time
after January first, nineteen hundred fifty, for the construction,
reconstruction and equipment of city hospitals, not exceeding the sum of
one hundred fifty million dollars. Any indebtedness thereafter contracted
in excess of such sum for such purposes, other than indebtedness contracted
to refund indebtedness excluded pursuant to this paragraph, shall not be so
excluded.
D. The aggregate of indebtedness initially contracted from time to time
after January first, nineteen hundred fifty-two, for the construction and
equipment of new rapid transit railroads, including extensions of and
interconnections with and between existing rapid transit railroads or
portions thereof, and reconstruction and equipment of existing rapid
transit railroads, not exceeding the sum of five hundred million dollars.
Any indebtedness thereafter contracted in excess of such sum for such
purposes, other than indebtedness contracted to refund indebtedness
excluded pursuant to this paragraph, shall not be so excluded.
E. Indebtedness contracted for school purposes, evidenced by bonds, to
the extent to which state aid for common schools, not exceeding two million
five hundred thousand dollars, shall meet the interest and the annual
requirements for the amortization and payment of part or all of one or more
issues of such bonds. Such exclusion shall be effective only during a
fiscal year of the city in which its expense budget provides for the
payment of such debt service from such state aid. The legislature shall
prescribe by law the manner by which the amount of any such exclusion shall
be determined and such indebtedness shall not be excluded hereunder except
in accordance with the determination so prescribed. Such law may provide
that any such determination shall be conclusive if made or approved by the
state comptroller.
§ 7-a. In ascertaining the power of the city of New York to contract
indebtedness, in addition to the indebtedness excluded under any other
section of this constitution, there shall be excluded:
A. The aggregate of indebtedness initially contracted from time to time
by the city for the acquisition of railroads and facilities or properties
used in connection therewith or rights therein or securities of
corporations owning such railroads, facilities or rights, not exceeding the
sum of three hundred fifteen million dollars. Provision for the
amortization of such indebtedness shall be made either by the establishment
and maintenance of a sinking fund therefor or by annual payment of part
thereof, or by both such methods. Any indebtedness thereafter contracted in
excess of such sum for such purposes shall not be so excluded, but this
provision shall not be construed to prevent the refunding of any such
indebtedness.
Notwithstanding any other provision of the constitution, the city is
hereby authorized to contract indebtedness for such purposes and to deliver
its obligations evidencing such indebtedness to the corporations owning the
railroads, facilities, properties or rights acquired, to the holders of
securities of such owning corporations, to the holders of securities of
corporations holding the securities of such owning corporations, or to the
holders of securities to which such acquired railroads, facilities,
properties or rights are now subject.
B. Indebtedness contracted by the city for transit purposes, and not
otherwise excluded, proportionately to the extent to which the current net
revenue received by the city from all railroads and facilities and
properties used in connection therewith and rights therein owned by the
city and securities of corporations owning such railroads, facilities,
properties or rights, owned by the city, shall meet the interest and the
annual requirements for the amortization and payment of such non-excluded
indebtedness.
In determining whether indebtedness for transit purposes may be excluded
under this paragraph of this section, there shall first be deducted from
the current net revenue received by the city from such railroads and
facilities and properties used in connection therewith and rights therein
and securities owned by the city: (a) an amount equal to the interest and
amortization requirements on indebtedness for rapid transit purposes
heretofore excluded by order of the appellate division, which exclusion
shall not be terminated by or under any provision of this section; (b) an
amount equal to the interest on indebtedness contracted pursuant to this
section and of the annual requirements for amortization on any sinking fund
bonds and for redemption of any serial bonds evidencing such indebtedness;
(c) an amount equal to the sum of all taxes and bridge tolls accruing to
the city in the fiscal year of the city preceding the acquisition of the
railroads or facilities or properties or rights therein or securities
acquired by the city hereunder, from such railroads, facilities and
properties; and (d) the amount of net operating revenue derived by the city
from the independent subway system during such fiscal year. The legislature
shall prescribe the method by which and the terms and conditions under
which the amount of any indebtedness to be excluded hereunder shall be
determined, and no indebtedness shall be excluded except in accordance with
the determination so prescribed. The legislature may confer appropriate
jurisdiction on the appellate division of the supreme court in the first
judicial department for the purpose of determining the amount of any debt
to be so excluded.
§ 8. No indebtedness of a county, city, town, village or school district
valid at the time of its inception shall thereafter become invalid by
reason of the operation of any of the provisions of this article.
§ 9. Whenever the boundaries of any city are the same as those of a
county, or when any city includes within its boundaries more than one
county, the power of any county wholly included within such city to
contract indebtedness shall cease, but the indebtedness of such county
shall not, for the purposes of this article, be included as a part of the
city indebtedness.
§ 10. Hereafter, in any county, city, village or school district
described in this section, the amount to be raised by tax on real estate in
any fiscal year, in addition to providing for the interest on and the
principal of all indebtedness, shall not exceed an amount equal to the
following percentages of the average full valuation of taxable real estate
of such county, city, village or school district, less the amount to be
raised by tax on real estate in such year for the payment of the interest
on and redemption of certificates or other evidence of indebtedness
described in paragraphs A and D of section five of this article, or
renewals thereof:
(a) any county, for county purposes, one and one-half per centum;
provided, however, that the legislature may prescribe a method by which
such limitation may be increased to not to exceed two per centum;
(b) any city of one hundred twenty-five thousand or more inhabitants
according to the latest federal census, for city purposes, two per centum;
(c) any city having less than one hundred twenty-five thousand
inhabitants according to the latest federal census, for city purposes, two
per centum;
(d) any village, for village purposes, two per centum;
(e) Notwithstanding the provisions of sub-paragraphs (a) and (b) of this
section, the city of New York and the counties therein, for city and county
purposes, a combined total of two and one-half per centum.
The average full valuation of taxable real estate of such county, city,
village or school district shall be determined by taking the assessed
valuations of taxable real estate on the last completed assessment rolls
and the four preceding rolls of such county, city, village or school
district, and applying thereto the ratio which such assessed valuation on
each of such rolls bears to the full valuation, as determined by the state
tax commission or by such other state officer or agency as the legislature
shall by law direct. The legislature shall prescribe the manner by which
such ratio shall be determined by the state tax commission or by such other
state officer or agency.
Nothing contained in this section shall be deemed to restrict the powers
granted to the legislature by other provisions of this constitution to
further restrict the powers of any county, city, town, village or school
district to levy taxes on real estate.
§ 10-a. For the purpose of determining the amount of taxes which may be
raised on real estate pursuant to section ten of this article, the revenues
received in each fiscal year by any county, city or village from a public
improvement or part thereof, or service, owned or rendered by such county,
city or village for which bonds or capital notes are issued after January
first, nineteen hundred fifty, shall be applied first to the payment of all
costs of operation, maintenance and repairs thereof, and then to the
payment of the amounts required in such fiscal year to pay the interest on
and the amortization of, or payment of, indebtedness contracted for such
public improvement or part thereof, or service. The provisions of this
section shall not prohibit the use of excess revenues for any lawful
county, city or village purpose. The provisions of this section shall not
be applicable to a public improvement or part thereof constructed to
provide for the supply of water.
§ 11. (a) Whenever the city of New York is required by law to pay for all
or any part of the cost of capital improvements by direct budgetary
appropriation in any fiscal year or by the issuance of certificates or
other evidence of indebtedness (except serial bonds of an issue having a
maximum maturity of more than two years) to be redeemed in one of the two
immediately succeeding fiscal years, taxes required for such appropriation
or for the redemption of such certificates or other evidence of
indebtedness may be excluded in whole or in part by such city from the tax
limitation prescribed by section ten of this article, in which event the
total amount so required for such appropriation and for the redemption of
such certificates or other evidence of indebtedness shall be deemed to be
indebtedness to the same extent and in the same manner as if such amount
had been financed through indebtedness payable in equal annual installments
over the period of the probable usefulness of such capital improvement, as
determined by law. The fiscal officer of such city shall determine the
amount to be deemed indebtedness pursuant to this section, and the
legislature, in its discretion, may provide that such determination, if
approved by the state comptroller, shall be conclusive. Any amounts
determined to be deemed indebtedness of any county, city, other than the
city of New York, village or school district in accordance with the
provisions of this section as in force and effect prior to January first,
nineteen hundred fifty-two, shall not be deemed to be indebtedness on and
after such date.
(b) Whenever any county, city, other than the city of New York, village
or school district which is coterminous with, or partly within, or wholly
within, a city having less than one hundred twenty-five thousand
inhabitants according to the latest federal census provides by direct
budgetary appropriation for any fiscal year for the payment in such fiscal
year or in any future fiscal year or years of all or any part of the cost
of an object or purpose for which a period of probable usefulness has been
determined by law, the taxes required for such appropriation shall be
excluded from the tax limitation prescribed by section ten of this article
unless the legislature otherwise provides.
§ 12. It shall be the duty of the legislature, subject to the provisions
of this constitution, to restrict the power of taxation, assessment,
borrowing money, contracting indebtedness, and loaning the credit of
counties, cities, towns and villages, so as to prevent abuses in taxation
and assessments and in contracting of indebtedness by them. Nothing in
this article shall be construed to prevent the legislature from further
restricting the powers herein specified of any county, city, town, village
or school district to contract indebtedness or to levy taxes on real
estate. The legislature shall not, however, restrict the power to levy
taxes on real estate for the payment of interest on or principal of
indebtedness theretofore contracted.
ARTICLE IX
Local Governments
Bill of rights for local governments.
Section 1. Effective local self-government and intergovernmental
cooperation are purposes of the people of the state. In furtherance
thereof, local governments shall have the following rights, powers,
privileges and immunities in addition to those granted by other provisions
of this constitution:
(a) Every local government, except a county wholly included within a
city, shall have a legislative body elective by the people thereof. Every
local government shall have power to adopt local laws as provided by this
article.
(b) All officers of every local government whose election or appointment
is not provided for by this constitution shall be elected by the people of
the local government, or of some division thereof, or appointed by such
officers of the local government as may be provided by law.
(c) Local governments shall have power to agree, as authorized by act of
the legislature, with the federal government, a state or one or more other
governments within or without the state, to provide cooperatively, jointly
or by contract any facility, service, activity or undertaking which each
participating local government has the power to provide separately. Each
such local government shall have power to apportion its share of the cost
thereof upon such portion of its area as may be authorized by act of the
legislature.
(d) No local government or any part of the territory thereof shall be
annexed to another until the people, if any, of the territory proposed to
be annexed shall have consented thereto by majority vote on a referendum
and until the governing board of each local government, the area of which
is affected, shall have consented thereto upon the basis of a determination
that the annexation is in the over-all public interest. The consent of the
governing board of a county shall be required only where a boundary of the
county is affected. On or before July first, nineteen hundred sixty-four,
the legislature shall provide, where such consent of a governing board is
not granted, for adjudication and determination, on the law and the facts,
in a proceeding initiated in the supreme court, of the issue of whether the
annexation is in the over-all public interest.
(e) Local governments shall have power to take by eminent domain private
property within their boundaries for public use together with excess land
or property but no more than is sufficient to provide for appropriate
disposition or use of land or property which abuts on that necessary for
such public use, and to sell or lease that not devoted to such use. The
legislature may authorize and regulate the exercise of the power of eminent
domain and excess condemnation by a local government outside its
boundaries.
(f) No local government shall be prohibited by the legislature (1) from
making a fair return on the value of the property used and useful in its
operation of a gas, electric or water public utility service, over and
above costs of operation and maintenance and necessary and proper reserves,
in addition to an amount equivalent to taxes which such service, if
privately owned, would pay to such local government, or (2) from using such
profits for payment of refunds to consumers or for any other lawful
purpose.
(g) A local government shall have power to apportion its cost of a
governmental service or function upon any portion of its area, as
authorized by act of the legislature.
(h) (1) Counties, other than those wholly included within a city, shall
be empowered by general law, or by special law enacted upon county request
pursuant to section two of this article, to adopt, amend or repeal
alternative forms of county government provided by the legislature or to
prepare, adopt, amend or repeal alternative forms of their own. Any such
form of government or any amendment thereof, by act of the legislature or
by local law, may transfer one or more functions or duties of the county or
of the cities, towns, villages, districts or other units of government
wholly contained in such county to each other or when authorized by the
legislature to the state, or may abolish one or more offices, departments,
agencies or units of government provided, however, that no such form or
amendment, except as provided in paragraph (2) of this subdivision, shall
become effective unless approved on a referendum by a majority of the votes
cast thereon in the area of the county outside of cities, and in the cities
of the county, if any, considered as one unit. Where an alternative form of
county government or any amendment thereof, by act of the legislature or by
local law, provides for the transfer of any function or duty to or from any
village or the abolition of any office, department, agency or unit of
government of a village wholly contained in such county, such form or
amendment shall not become effective unless it shall also be approved on
the referendum by a majority of the votes cast thereon in all the villages
so affected considered as one unit.
(2) After the adoption of an alternative form of county government by a
county, any amendment thereof by act of the legislature or by local law
which abolishes or creates an elective county office, changes the voting or
veto power of or the method of removing an elective county officer during
his or her term of office, abolishes, curtails or transfers to another
county officer or agency any power of an elective county officer or changes
the form or composition of the county legislative body shall be subject to
a permissive referendum as provided by the legislature.
Powers and duties of legislature; home rule powers of local governments;
statute of local governments.
§ 2. (a) The legislature shall provide for the creation and organization
of local governments in such manner as shall secure to them the rights,
powers, privileges and immunities granted to them by this constitution.
(b) Subject to the bill of rights of local governments and other
applicable provisions of this constitution, the legislature:
(1) Shall enact, and may from time to time amend, a statute of local
governments granting to local governments powers including but not limited
to those of local legislation and administration in addition to the powers
vested in them by this article. A power granted in such statute may be
repealed, diminished, impaired or suspended only by enactment of a statute
by the legislature with the approval of the governor at its regular session
in one calendar year and the re-enactment and approval of such statute in
the following calendar year.
(2) Shall have the power to act in relation to the property, affairs or
government of any local government only by general law, or by special law
only (a) on request of two-thirds of the total membership of its
legislative body or on request of its chief executive officer concurred in
by a majority of such membership, or (b), except in the case of the city of
New York, on certificate of necessity from the governor reciting facts
which in the judgment of the governor constitute an emergency requiring
enactment of such law and, in such latter case, with the concurrence of
two-thirds of the members elected to each house of the legislature.
(3) Shall have the power to confer on local governments powers not
relating to their property, affairs or government including but not limited
to those of local legislation and administration, in addition to those
otherwise granted by or pursuant to this article, and to withdraw or
restrict such additional powers.
(c) In addition to powers granted in the statute of local governments or
any other law, (i) every local government shall have power to adopt and
amend local laws not inconsistent with the provisions of this constitution
or any general law relating to its property, affairs or government and,
(ii) every local government shall have power to adopt and amend local laws
not inconsistent with the provisions of this constitution or any general
law relating to the following subjects, whether or not they relate to the
property, affairs or government of such local government, except to the
extent that the legislature shall restrict the adoption of such a local law
relating to other than the property, affairs or government of such local
government:
(1) The powers, duties, qualifications, number, mode of selection and
removal, terms of office, compensation, hours of work, protection, welfare
and safety of its officers and employees, except that cities and towns
shall not have such power with respect to members of the legislative body
of the county in their capacities as county officers.
(2) In the case of a city, town or village, the membership and
composition of its legislative body.
(3) The transaction of its business.
(4) The incurring of its obligations, except that local laws relating to
financing by the issuance of evidences of indebtedness by such local
government shall be consistent with laws enacted by the legislature.
(5) The presentation, ascertainment and discharge of claims against it.
(6) The acquisition, care, management and use of its highways, roads,
streets, avenues and property.
(7) The acquisition of its transit facilities and the ownership and
operation thereof.
(8) The levy, collection and administration of local taxes authorized by
the legislature and of assessments for local improvements, consistent with
laws enacted by the legislature.
(9) The wages or salaries, the hours of work or labor, and the
protection, welfare and safety of persons employed by any contractor or
sub-contractor performing work, labor or services for it.
(10) The government, protection, order, conduct, safety, health and
well-being of persons or property therein.
(d) Except in the case of a transfer of functions under an alternative
form of county government, a local government shall not have power to adopt
local laws which impair the powers of any other local government.
(e) The rights and powers of local governments specified in this section
insofar as applicable to any county within the city of New York shall be
vested in such city.
Existing laws to remain applicable; construction; definitions.
§ 3. (a) Except as expressly provided, nothing in this article shall
restrict or impair any power of the legislature in relation to:
(1) The maintenance, support or administration of the public school
system, as required or provided by article XI of this constitution, or any
retirement system pertaining to such public school system,
(2) The courts as required or provided by article VI of this
constitution, and
(3) Matters other than the property, affairs or government of a local
government.
(b) The provisions of this article shall not affect any existing valid
provisions of acts of the legislature or of local legislation and such
provisions shall continue in force until repealed, amended, modified or
superseded in accordance with the provisions of this constitution.
(c) Rights, powers, privileges and immunities granted to local
governments by this article shall be liberally construed.
(d) Whenever used in this article the following terms shall mean or
include:
(1) "General law. " A law which in terms and in effect applies alike to
all counties, all counties other than those wholly included within a city,
all cities, all towns or all villages.
(2) "Local government. " A county, city, town or village.
(3) "People. " Persons entitled to vote as provided in section one of
article two of this constitution.
(4) "Special law. " A law which in terms and in effect applies to one or
more, but not all, counties, counties other than those wholly included
within a city, cities, towns or villages.
ARTICLE X
Corporations
Section 1. Corporations may be formed under general laws; but shall not
be created by special act, except for municipal purposes, and in cases
where, in the judgment of the legislature, the objects of the corporation
cannot be attained under general laws. All general laws and special acts
passed pursuant to this section may be altered from time to time or
repealed.
§ 2. Dues from corporations shall be secured by such individual liability
of the corporators and other means as may be prescribed by law.
§ 3. The legislature shall, by general law, conform all charters of
savings banks, savings and loan associations, or institutions for savings,
to a uniformity of powers, rights and liabilities, and all charters
hereafter granted for such corporations shall be made to conform to such
general law, and to such amendments as may be made thereto. The legislature
shall have no power to pass any act granting any special charter for
banking purposes; but corporations or associations may be formed for such
purposes under general laws.
§ 4. The term corporations as used in this section and in sections 1, 2
and 3 of this article shall be construed to include all associations and
joint-stock companies having any of the powers or privileges of
corporations not possessed by individuals or partnerships. And all
corporations shall have the right to sue and shall be subject to be sued in
all courts in like cases as natural persons.
§ 5. No public corporation (other than a county, city, town, village,
school district or fire district or an improvement district established in
a town or towns) possessing both the power to contract indebtedness and the
power to collect rentals, charges, rates or fees for the services or
facilities furnished or supplied by it shall hereafter be created except by
special act of the legislature.
No such public corporation (other than a county or city) shall hereafter
be given both the power to contract indebtedness and the power, within any
city, to collect rentals, charges, rates or fees from the owners of real
estate, or the occupants of real estate (other than the occupants of
premises owned or controlled by such corporation or by the state or any
civil division thereof), for services or facilities furnished or supplied
in connection with such real estate, if such services or facilities are of
a character or nature then or formerly furnished or supplied by the city,
unless the electors of the city shall approve the granting to such
corporation of such powers by a majority vote at a general or special
election in such city; but this paragraph shall not apply to a corporation
created pursuant to an interstate compact.
The accounts of every such public corporation heretofore or hereafter
created shall be subject to the supervision of the state comptroller, or,
if the member or members of such public corporation are appointed by the
mayor of a city, to the supervision of the comptroller of such city;
provided, however, that this provision shall not apply to such a public
corporation created pursuant to agreement or compact with another state or
with a foreign power, except with the consent of the parties to such
agreement or compact.
Neither the state nor any political subdivision thereof shall at any time
be liable for the payment of any obligations issued by such a public
corporation heretofore or hereafter created, nor may the legislature
accept, authorize acceptance of or impose such liability upon the state or
any political subdivision thereof; but the state or a political subdivision
thereof may, if authorized by the legislature, acquire the properties of
any such corporation and pay the indebtedness thereof.
§ 6. Notwithstanding any provision of this or any other article of this
constitution, the legislature may by law, which shall take effect without
submission to the people:
(a) make or authorize making the state liable for the payment of the
principal of and interest on bonds of a public corporation created to
construct state thruways, in a principal amount not to exceed five hundred
million dollars, maturing in not to exceed forty years after their
respective dates, and for the payment of the principal of and interest on
notes of such corporation issued in anticipation of such bonds, which notes
and any renewals thereof shall mature within five years after the
respective dates of such notes; and
(b) authorize the use of any state canal lands and properties by such a
public corporation for so long as the law may provide. To the extent
payment is not otherwise made or provided for, the provisions of section
sixteen of article seven shall apply to the liability of the state incurred
pursuant to this section, but the powers conferred by this section shall
not be subject to the limitations of this or any other article.
§ 7. Notwithstanding any provision of this or any other article of this
constitution, the legislature may by law, which shall take effect without
submission to the people, make or authorize making the state liable for the
payment of the principal of and interest on obligations of the port of New
York authority issued pursuant to legislation heretofore or hereafter
enacted, to purchase or refinance the purchase of, or to repay advances
from this state made for the purpose of purchasing, railroad passenger
cars, including self-propelled cars, and locomotives and other rolling
stock used in passenger transportation, for the purpose of leasing such
cars to any railroad transporting passengers between municipalities in the
portion of the port of New York district within the state, the majority of
the trackage of which within the port of New York district utilized for the
transportation of passengers shall be in the state; provided, however, that
the total amount of obligations with respect to which the state may be made
liable shall not exceed one hundred million dollars at any time, and that
all of such obligations shall be due not later than thirty-five years after
the effective date of this section.
To the extent payment is not otherwise made or provided for, the
provisions of section sixteen of article seven shall apply to the liability
of the state incurred pursuant to this section, but the powers conferred by
this section shall not be subject to the limitations of this or any other
article.
§ 8. Notwithstanding any provision of this or any other article of this
constitution, the legislature may by law, which shall take effect without
submission to the people, make or authorize making the state liable for the
payment of the principal of and interest on bonds of a public corporation
to be created pursuant to and for the purposes specified in the last
paragraph of section eight of article seven of this constitution, maturing
in not to exceed thirty years after their respective dates, and for the
principal of and interest on notes of such corporation issued in
anticipation of such bonds, which notes and any renewals thereof shall
mature within seven years after the respective dates of such notes,
provided that the aggregate principal amount of such bonds with respect to
which the state shall be so liable shall not at any one time exceed nine
hundred million dollars, excluding bonds issued to refund outstanding
bonds.
ARTICLE XI
Education
Section 1. The legislature shall provide for the maintenance and support
of a system of free common schools, wherein all the children of this state
may be educated.
§ 2. The corporation created in the year one thousand seven hundred
eighty-four, under the name of The Regents of the University of the State
of New York, is hereby continued under the name of The University of the
State of New York. It shall be governed and its corporate powers, which may
be increased, modified or diminished by the legislature, shall be exercised
by not less than nine regents.
§ 3. Neither the state nor any subdivision thereof, shall use its
property or credit or any public money, or authorize or permit either to be
used, directly or indirectly, in aid or maintenance, other than for
examination or inspection, of any school or institution of learning wholly
or in part under the control or direction of any religious denomination, or
in which any denominational tenet or doctrine is taught, but the
legislature may provide for the transportation of children to and from any
school or institution of learning.
ARTICLE XII
Defense
Section 1. The defense and protection of the state and of the United
States is an obligation of all persons within the state. The legislature
shall provide for the discharge of this obligation and for the maintenance
and regulation of an organized militia.
ARTICLE XIII
Public Officers
Section 1. Members of the legislature, and all officers, executive and
judicial, except such inferior officers as shall be by law exempted, shall,
before they enter on the duties of their respective offices, take and
subscribe the following oath or affirmation: "I do solemnly swear (or
affirm) that I will support the constitution of the United States, and the
constitution of the State of New York, and that I will faithfully discharge
the duties of the office of ............, according to the best of my
ability; " and no other oath, declaration or test shall be required as a
qualification for any office of public trust, except that any committee of
a political party may, by rule, provide for equal representation of the
sexes on any such committee, and a state convention of a political party,
at which candidates for public office are nominated, may, by rule, provide
for equal representation of the sexes on any committee of such party.
§ 2. When the duration of any office is not provided by this constitution
it may be declared by law, and if not so declared, such office shall be
held during the pleasure of the authority making the appointment.
§ 3. The legislature shall provide for filling vacancies in office, and
in case of elective officers, no person appointed to fill a vacancy shall
hold his or her office by virtue of such appointment longer than the
commencement of the political year next succeeding the first annual
election after the happening of the vacancy; provided, however, that
nothing contained in this article shall prohibit the filling of vacancies
on boards of education, including boards of education of community
districts in the city school district of the city of New York, by
appointment until the next regular school district election, whether or not
such appointment shall extend beyond the thirty-first day of December in
any year.
§ 4. The political year and legislative term shall begin on the first day
of January; and the legislature shall, every year, assemble on the first
Wednesday after the first Monday in January.
§ 5. Provision shall be made by law for the removal for misconduct or
malversation in office of all officers, except judicial, whose powers and
duties are not local or legislative and who shall be elected at general
elections, and also for supplying vacancies created by such removal.
§ 6. The legislature may declare the cases in which any office shall be
deemed vacant when no provision is made for that purpose in this
constitution.
§ 7. Each of the state officers named in this constitution shall, during
his or her continuance in office, receive a compensation, to be fixed by
law, which shall not be increased or diminished during the term for which
he or she shall have been elected or appointed; nor shall he or she receive
to his or her use any fees or perquisites of office or other compensation.
§ 8. All elections of city officers, including supervisors, elected in
any city or part of a city, and of county officers elected in any county
wholly included in a city, except to fill vacancies, shall be held on the
Tuesday succeeding the first Monday in November in an odd-numbered year,
and the term of every such officer shall expire at the end of an
odd-numbered year. This section shall not apply to elections of any
judicial officer.
§ 13. (a) Except in counties in the city of New York and except as
authorized in section one of article nine of this constitution, registers
in counties having registers shall be chosen by the electors of the
respective counties once in every three years and whenever the occurring of
vacancies shall require; the sheriff and the clerk of each county shall be
chosen by the electors once in every three or four years as the legislature
shall direct. Sheriffs shall hold no other office. They may be required by
law to renew their security, from time to time; and in default of giving
such new security, their offices shall be deemed vacant. The governor may
remove any elective sheriff, county clerk, district attorney or register
within the term for which he or she shall have been elected; but before so
doing the governor shall give to such officer a copy of the charges against
him or her and an opportunity of being heard in his or her defense. In each
county a district attorney shall be chosen by the electors once in every
three or four years as the legislature shall direct. The clerk of each
county in the city of New York shall be appointed, and be subject to
removal, by the appellate division of the supreme court in the judicial
department in which the county is located. In addition to his or her powers
and duties as clerk of the supreme court, he or she shall have power to
select, draw, summon and empanel grand and petit jurors in the manner and
under the conditions now or hereafter prescribed by law, and shall have
such other powers and duties as shall be prescribed by the city from time
to time by local law.
(b) Any district attorney who shall fail faithfully to prosecute a person
charged with the violation in his or her county of any provision of this
article which may come to his or her knowledge, shall be removed from
office by the governor, after due notice and an opportunity of being heard
in his or her defense. The expenses which shall be incurred by any county,
in investigating and prosecuting any charge of bribery or attempting to
bribe any person holding office under the laws of this state, within such
county, or of receiving bribes by any such person in said county, shall be
a charge against the state, and their payment by the state shall be
provided for by law.
(c) The city of New York is hereby vested with power from time to time to
abolish by local law, as defined by the legislature, the office of any
county officer within the city other than judges, clerks of counties and
district attorneys, and to assign any or all functions of such officers to
city officers, courts or clerks of counties, and to prescribe the powers,
duties, qualifications, number, mode of selection and removal, terms of
office and compensation of the persons holding such offices and the
employees therein, and to assign to city officers any powers or duties of
clerks of counties not assigned by this constitution. The legislature shall
not pass any law affecting any such matters in relation to such offices
within the city of New York except on message from the governor declaring
that an emergency exists and the concurrent action of two-thirds of the
members of each house, except that existing laws regarding each such office
shall continue in force, and may be amended or repealed by the legislature
as heretofore, until the power herein granted to the city has been
exercised with respect to that office. The provisions of article nine shall
not prevent the legislature from passing general or special laws
prescribing or affecting powers and duties of such city officers or such
courts or clerks to whom or which functions of such county officers shall
have been so assigned, in so far as such powers or duties embrace subjects
not relating to property, affairs or government of such city.
§ 14. The legislature may regulate and fix the wages or salaries and the
hours of work or labor, and make provisions for the protection, welfare and
safety, of persons employed by the state or by any county, city, town,
village or other civil division of the state, or by any contractor or
subcontractor performing work, labor or services for the state or for any
county, city, town, village or other civil division thereof.
ARTICLE XIV
Conservation
Section 1. The lands of the state, now owned or hereafter acquired,
constituting the forest preserve as now fixed by law, shall be forever kept
as wild forest lands. They shall not be leased, sold or exchanged, or be
taken by any corporation, public or private, nor shall the timber thereon
be sold, removed or destroyed. Nothing herein contained shall prevent the
state from constructing, completing and maintaining any highway heretofore
specifically authorized by constitutional amendment, nor from constructing
and maintaining to federal standards federal aid interstate highway route
five hundred two from a point in the vicinity of the city of Glens Falls,
thence northerly to the vicinity of the villages of Lake George and
Warrensburg, the hamlets of South Horicon and Pottersville and thence
northerly in a generally straight line on the west side of Schroon Lake to
the vicinity of the hamlet of Schroon, then continuing northerly to the
vicinity of Schroon Falls, Schroon River and North Hudson, and to the east
of Makomis Mountain, east of the hamlet of New Russia, east of the village
of Elizabethtown and continuing northerly in the vicinity of the hamlet of
Towers Forge, and east of Poke-O-Moonshine Mountain and continuing
northerly to the vicinity of the village of Keeseville and the city of
Plattsburgh, all of the aforesaid taking not to exceed a total of three
hundred acres of state forest preserve land, nor from constructing and
maintaining not more than twenty-five miles of ski trails thirty to two
hundred feet wide, together with appurtenances thereto, provided that no
more than five miles of such trails shall be in excess of one hundred
twenty feet wide, on the north, east and northwest slopes of Whiteface
Mountain in Essex county, nor from constructing and maintaining not more
than twenty-five miles of ski trails thirty to two hundred feet wide,
together with appurtenances thereto, provided that no more than two miles
of such trails shall be in excess of one hundred twenty feet wide, on the
slopes of Belleayre Mountain in Ulster and Delaware counties and not more
than forty miles of ski trails thirty to two hundred feet wide, together
with appurtenances thereto, provided that no more than eight miles of such
trails shall be in excess of one hundred twenty feet wide, on the slopes of
Gore and Pete Gay mountains in Warren county, nor from relocating,
reconstructing and maintaining a total of not more than fifty miles of
existing state highways for the purpose of eliminating the hazards of
dangerous curves and grades, provided a total of no more than four hundred
acres of forest preserve land shall be used for such purpose and that no
single relocated portion of any highway shall exceed one mile in length.
Notwithstanding the foregoing provisions, the state may convey to the
village of Saranac Lake ten acres of forest preserve land adjacent to the
boundaries of such village for public use in providing for refuse disposal
and in exchange therefore the village of Saranac Lake shall convey to the
state thirty acres of certain true forest land owned by such village on
Roaring Brook in the northern half of Lot 113, Township 11, Richards
Survey. Notwithstanding the foregoing provisions, the state may convey to
the town of Arietta twenty-eight acres of forest preserve land within such
town for public use in providing for the extension of the runway and
landing strip of the Piseco airport and in exchange therefor the town of
Arietta shall convey to the state thirty acres of certain land owned by
such town in the town of Arietta. Notwithstanding the foregoing provisions
and subject to legislative approval of the tracts to be exchanged prior to
the actual transfer of title, the state, in order to consolidate its land
holdings for better management, may convey to International Paper Company
approximately eight thousand five hundred acres of forest preserve land
located in townships two and three of Totten and Crossfield's Purchase and
township nine of the Moose River Tract, Hamilton county, and in exchange
therefore International Paper Company shall convey to the state for
incorporation into the forest preserve approximately the same number of
acres of land located within such townships and such County on condition
that the legislature shall determine that the lands to be received by the
state are at least equal in value to the lands to be conveyed by the state.
Notwithstanding the foregoing provisions and subject to legislative
approval of the tracts to be exchanged prior to the actual transfer of
title and the conditions herein set forth, the state, in order to
facilitate the preservation of historic buildings listed on the national
register of historic places by rejoining an historic grouping of buildings
under unitary ownership and stewardship, may convey to Sagamore Institute
Inc., a not-for-profit educational organization, approximately ten acres of
land and buildings thereon adjoining the real property of the Sagamore
Institute, Inc. and located on Sagamore Road, near Racquette Lake Village,
in the Town of Long Lake, county of Hamilton, and in exchange therefor;
Sagamore Institute, Inc. shall convey to the state for incorporation into
the forest preserve approximately two hundred acres of wild forest land
located within the Adirondack Park on condition that the legislature shall
determine that the lands to be received by the state are at least equal in
value to the lands and buildings to be conveyed by the state and that the
natural and historic character of the lands and buildings conveyed by the
state will be secured by appropriate covenants and restrictions and that
the lands and buildings conveyed by the state will reasonably be available
for public visits according to agreement between Sagamore Institute, Inc.
and the state. Notwithstanding the foregoing provisions the state may
convey to the town of Arietta fifty acres of forest preserve land within
such town for public use in providing for the extension of the runway and
landing strip of the Piseco airport and providing for the maintenance of a
clear zone around such runway, and in exchange therefor, the town of
Arietta shall convey to the state fifty-three acres of true forest land
located in lot 2 township 2 Totten and Crossfield's Purchase in the town of
Lake Pleasant.
Notwithstanding the foregoing provisions and subject to legislative
approval prior to actual transfer of title, the state may convey to the
town of Keene, Essex county, for public use as a cemetery owned by such
town, approximately twelve acres of forest preserve land within such town
and, in exchange therefor, the town of Keene shall convey to the state for
incorporation into the forest preserve approximately one hundred forty-four
acres of land, together with an easement over land owned by such town
including the riverbed adjacent to the land to be conveyed to the state
that will restrict further development of such land, on condition that the
legislature shall determine that the property to be received by the state
is at least equal in value to the land to be conveyed by the state.
§ 2. The legislature may by general laws provide for the use of not
exceeding three per centum of such lands for the construction and
maintenance of reservoirs for municipal water supply, and for the canals of
the state. Such reservoirs shall be constructed, owned and controlled by
the state, but such work shall not be undertaken until after the boundaries
and high flow lines thereof shall have been accurately surveyed and fixed,
and after public notice, hearing and determination that such lands are
required for such public use. The expense of any such improvements shall be
apportioned on the public and private property and municipalities benefited
to the extent of the benefits received. Any such reservoir shall always be
operated by the state and the legislature shall provide for a charge upon
the property and municipalities benefited for a reasonable return to the
state upon the value of the rights and property of the state used and the
services of the state rendered, which shall be fixed for terms of not
exceeding ten years and be readjustable at the end of any term. Unsanitary
conditions shall not be created or continued by any such public works.
§ 3. 1. Forest and wild life conservation are hereby declared to be
policies of the state. For the purpose of carrying out such policies the
legislature may appropriate moneys for the acquisition by the state of
land, outside of the Adirondack and Catskill parks as now fixed by law, for
the practice of forest or wild life conservation. The prohibitions of
section 1 of this article shall not apply to any lands heretofore or
hereafter acquired or dedicated for such purposes within the forest
preserve counties but outside of the Adirondack and Catskill parks as now
fixed by law, except that such lands shall not be leased, sold or
exchanged, or be taken by any corporation, public or private.
2. As to any other lands of the state, now owned or hereafter acquired,
constituting the forest preserve referred to in section one of this
article, but outside of the Adirondack and Catskill parks as now fixed by
law, and consisting in any case of not more than one hundred contiguous
acres entirely separated from any other portion of the forest preserve, the
legislature may by appropriate legislation, notwithstanding the provisions
of section one of this article, authorize: (a) the dedication thereof for
the practice of forest or wildlife conservation; or (b) the use thereof for
public recreational or other state purposes or the sale, exchange or other
disposition thereof; provided, however, that all moneys derived from the
sale or other disposition of any of such lands shall be paid into a special
fund of the treasury and be expended only for the acquisition of additional
lands for such forest preserve within either such Adirondack or Catskill
park.
§ 4. The policy of the state shall be to conserve and protect its natural
resources and scenic beauty and encourage the development and improvement
of its agricultural lands for the production of food and other agricultural
products. The legislature, in implementing this policy, shall include
adequate provision for the abatement of air and water pollution and of
excessive and unnecessary noise, the protection of agricultural lands,
wetlands and shorelines, and the development and regulation of water
resources. The legislature shall further provide for the acquisition of
lands and waters, including improvements thereon and any interest therein,
outside the forest preserve counties, and the dedication of properties so
acquired or now owned, which because of their natural beauty, wilderness
character, or geological, ecological or historical significance, shall be
preserved and administered for the use and enjoyment of the people.
Properties so dedicated shall constitute the state nature and historical
preserve and they shall not be taken or otherwise disposed of except by law
enacted by two successive regular sessions of the legislature.
§ 5. A violation of any of the provisions of this article may be
restrained at the suit of the people or, with the consent of the supreme
court in appellate division, on notice to the attorney-general at the suit
of any citizen.
ARTICLE XV
Canals
Section 1. The legislature shall not sell, abandon or otherwise dispose
of the now existing or future improved barge canal, the divisions of which
are the Erie canal, the Oswego canal, the Champlain canal, and the Cayuga
and Seneca canals, or of the terminals constructed as part of the barge
canal system; nor shall it sell, abandon or otherwise dispose of any
portion of the canal system existing prior to the barge canal improvement
which portion forms a part of, or functions as a part of, the present barge
canal system; but such canals and terminals shall remain the property of
the state and under its management and control forever. This prohibition
shall not prevent the legislature, by appropriate laws, from authorizing
the granting of revocable permits or leases for periods of time as
authorized by the legislature for the occupancy or use of such lands or
structures.
§ 2. The prohibition of sale, abandonment or other disposition contained
in section one of this article shall not apply to barge canal lands, barge
canal terminals or barge canal terminal lands which have or may become no
longer necessary or useful for canal or terminal purposes; nor to any canal
lands and appertaining structures constituting the canal system prior to
the barge canal improvement which have or may become no longer necessary or
useful in conjunction with the now existing barge canal. The legislature
may by appropriate legislation authorize the sale, exchange, abandonment or
other disposition of any barge canal lands, barge canal terminals, barge
canal terminal lands or other canal lands and appertaining structures which
have or may become no longer necessary or useful as a part of the barge
canal system, as an aid to navigation thereon, or for barge canal terminal
purposes.
§ 3. All boats navigating the canals and the owners and masters thereof,
shall be subject to such laws and regulations as have been or may hereafter
be enacted concerning the navigation of the canals. The legislature shall
annually make provision for the expenses of the superintendence and repairs
of the canals, and may provide for the improvement of the canals in such
manner as shall be provided by law notwithstanding the creation of a
special revenue fund as provided in this section. All contracts for work or
materials on any canal shall be made with the persons who shall offer to do
or provide the same at the lowest responsible price, with adequate security
for their performance as provided by law.
All funds that may be derived from any sale or other disposition of any
barge canal lands, barge canal terminals, barge canal terminal lands or
other canal lands and appertaining structures and any other funds collected
for the use of the canals or canal lands shall be paid into a special
revenue fund of the treasury. Such funds shall only be expended for the
maintenance, construction, reconstruction, development or promotion of the
canal, canal lands, or lands adjacent to the canal as provided by law.
§ 4. Notwithstanding the prohibition of sale, abandonment or other
disposition contained in section one of this article, the legislature may
authorize by law the lease or transfer to the federal government of the
barge canal, consisting of the Erie, Oswego, Champlain, Cayuga and Seneca
divisions and the barge canal terminals and facilities for purposes of
operation, improvement and inclusion in the national system of inland
waterways. Such lease or transfer to the federal government for the
purposes specified herein may be made upon such terms and conditions as the
legislature may determine with or without compensation to the state.
Nothing contained herein shall prevent the legislature from providing
annual appropriations for the state's share, if any, of the cost of
operation, maintenance and improvement of the barge canal, the divisions
thereof, terminals and facilities in the event of the transfer of the barge
canal in whole to the federal government whether by lease or transfer.
The legislature, in determining the state's share of the annual cost of
operation, maintenance and improvement of the barge canal, the several
divisions, terminals and facilities, shall give consideration and evaluate
the benefits derived from the barge canal for purposes of flood control,
conservation and utilization of water resources.
ARTICLE XVI
Taxation
Section 1. The power of taxation shall never be surrendered, suspended or
contracted away, except as to securities issued for public purposes
pursuant to law. Any laws which delegate the taxing power shall specify the
types of taxes which may be imposed thereunder and provide for their
review.
Exemptions from taxation may be granted only by general laws. Exemptions
may be altered or repealed except those exempting real or personal property
used exclusively for religious, educational or charitable purposes as
defined by law and owned by any corporation or association organized or
conducted exclusively for one or more of such purposes and not operating
for profit.
§ 2. The legislature shall provide for the supervision, review and
equalization of assessments for purposes of taxation. Assessments shall in
no case exceed full value.
Nothing in this constitution shall be deemed to prevent the legislature
from providing for the assessment, levy and collection of village taxes by
the taxing authorities of those subdivisions of the state in which the
lands comprising the respective villages are located, nor from providing
that the respective counties of the state may loan or advance to any
village located in whole or in part within such county the amount of any
tax which shall have been levied for village purposes upon any lands
located within such county and remaining unpaid.
§ 3. Moneys, credits, securities and other intangible personal property
within the state not employed in carrying on any business therein by the
owner shall be deemed to be located at the domicile of the owner for
purposes of taxation, and, if held in trust, shall not be deemed to be
located in this state for purposes of taxation because of the trustee being
domiciled in this state, provided that if no other state has jurisdiction
to subject such property held in trust to death taxation, it may be deemed
property having a taxable situs within this state for purposes of death
taxation. Intangible personal property shall not be taxed ad valorem nor
shall any excise tax be levied solely because of the ownership or
possession thereof, except that the income therefrom may be taken into
consideration in computing any excise tax measured by income generally.
Undistributed profits shall not be taxed.
§ 4. Where the state has power to tax corporations incorporated under the
laws of the United States there shall be no discrimination in the rates and
method of taxation between such corporations and other corporations
exercising substantially similar functions and engaged in substantially
similar business within the state.
§ 5. All salaries, wages and other compensation, except pensions, paid to
officers and employees of the state and its subdivisions and agencies shall
be subject to taxation.
§ 6. Notwithstanding any provision of this or any other article of this
constitution to the contrary, the legislature may by law authorize a
county, city, town or village, or combination thereof acting together, to
undertake the development of public improvements or services, including the
acquisition of land, for the purpose of redevelopment of economically
unproductive, blighted or deteriorated areas and, in furtherance thereof,
to contract indebtedness. Any such indebtedness shall be contracted by any
such county, city, town or village, or combination thereof acting together,
without the pledge of its faith and credit, or the faith and credit of the
state, for the payment of the principal thereof and the interest thereon,
and such indebtedness may be paid without restriction as to the amount or
relative amount of annual installments. The amount of any indebtedness
contracted under this section may be excluded in ascertaining the power of
such county, city, town or village to contract indebtedness within the
provisions of this constitution relating thereto. Any county, city, town or
village contracting indebtedness pursuant to this section for redevelopment
of an economically unproductive, blighted or deteriorated area shall pledge
to the payment thereof that portion of the taxes raised by it on real
estate in such area which, in any year, is attributed to the increase in
value of taxable real estate resulting from such redevelopment. The
legislature may further authorize any county, city, town or village, or
combination thereof acting together, to carry out the powers and duties
conferred by this section by means of a public corporation created
therefor.
ARTICLE XVII
Social Welfare
Section 1. The aid, care and support of the needy are public concerns and
shall be provided by the state and by such of its subdivisions, and in such
manner and by such means, as the legislature may from time to time
determine.
§ 2. The state board of social welfare shall be continued. It shall visit
and inspect, or cause to be visited and inspected by members of its staff,
all public and private institutions, whether state, county, municipal,
incorporated or not incorporated, which are in receipt of public funds and
which are of a charitable, eleemosynary, correctional or reformatory
character, including all reformatories for juveniles and institutions or
agencies exercising custody of dependent, neglected or delinquent children,
but excepting state institutions for the education and support of the
blind, the deaf and the dumb, and excepting also such institutions as are
hereinafter made subject to the visitation and inspection of the department
of mental hygiene or the state commission of correction. As to
institutions, whether incorporated or not incorporated, having inmates, but
not in receipt of public funds, which are of a charitable, eleemosynary,
correctional or reformatory character, and agencies, whether incorporated
or not incorporated, not in receipt of public funds, which exercise custody
of dependent, neglected or delinquent children, the state board of social
welfare shall make inspections, or cause inspections to be made by members
of its staff, but solely as to matters directly affecting the health,
safety, treatment and training of their inmates, or of the children under
their custody. Subject to the control of the legislature and pursuant to
the procedure prescribed by general law, the state board of social welfare
may make rules and regulations, not inconsistent with this constitution,
with respect to all of the functions, powers and duties with which the
department and the state board of social welfare are herein or shall be
charged.
§ 3. The protection and promotion of the health of the inhabitants of the
state are matters of public concern and provision therefor shall be made by
the state and by such of its subdivisions and in such manner, and by such
means as the legislature shall from time to time determine.
§ 4. The care and treatment of persons suffering from mental disorder or
defect and the protection of the mental health of the inhabitants of the
state may be provided by state and local authorities and in such manner as
the legislature may from time to time determine. The head of the department
of mental hygiene shall visit and inspect, or cause to be visited and
inspected by members of his or her staff, all institutions either public or
private used for the care and treatment of persons suffering from mental
disorder or defect.
§ 5. The legislature may provide for the maintenance and support of
institutions for the detention of persons charged with or convicted of
crime and for systems of probation and parole of persons convicted of
crime. There shall be a state commission of correction, which shall visit
and inspect, or cause to be visited and inspected by members of its staff,
all institutions used for the detention of sane adults charged with or
convicted of crime.
§ 6. Visitation and inspection as herein authorized, shall not be
exclusive of other visitation and inspection now or hereafter authorized by
law.
§ 7. Notwithstanding any other provision of this constitution, the
legislature may authorize the state, a municipality or a public corporation
acting as an instrumentality of the state or municipality to lend its money
or credit to or in aid of any corporation or association, regulated by law
as to its charges, profits, dividends, and disposition of its property or
franchises, for the purpose of providing such hospital or other facilities
for the prevention, diagnosis or treatment of human disease, pain, injury,
disability, deformity or physical condition, and for facilities incidental
or appurtenant thereto as may be prescribed by law.
ARTICLE XVIII
Housing
Section 1. Subject to the provisions of this article, the legislature may
provide in such manner, by such means and upon such terms and conditions as
it may prescribe for low rent housing and nursing home accommodations for
persons of low income as defined by law, or for the clearance, replanning,
reconstruction and rehabilitation of substandard and insanitary areas, or
for both such purposes, and for recreational and other facilities
incidental or appurtenant thereto.
§ 2. For and in aid of such purposes, notwithstanding any provision in
any other article of this constitution, but subject to the limitations
contained in this article, the legislature may: make or contract to make or
authorize to be made or contracted capital or periodic subsidies by the
state to any city, town, village, or public corporation, payable only with
moneys appropriated therefor from the general fund of the state; authorize
any city, town or village to make or contract to make such subsidies to any
public corporation, payable only with moneys locally appropriated therefor
from the general or other fund available for current expenses of such
municipality; authorize the contracting of indebtedness for the purpose of
providing moneys out of which it may make or contract to make or authorize
to be made or contracted loans by the state to any city, town, village or
public corporation; authorize any city, town or village to make or contract
to make loans to any public corporation; authorize any city, town or
village to guarantee the principal of and interest on, or only the interest
on, indebtedness contracted by a public corporation; authorize and provide
for loans by the state and authorize loans by any city, town or village to
or in aid of corporations regulated by law as to rents, profits, dividends
and disposition of their property or franchises and engaged in providing
housing facilities or nursing home accommodations; authorize any city, town
or village to make loans to the owners of existing multiple dwellings for
the rehabilitation and improvement thereof for occupancy by persons of low
income as defined by law; grant or authorize tax exemptions in whole or in
part, except that no such exemption may be granted or authorized for a
period of more than sixty years; authorize cooperation with and the
acceptance of aid from the United States; grant the power of eminent domain
to any city, town or village, to any public corporation and to any
corporation regulated by law as to rents, profits, dividends and
disposition of its property or franchises and engaged in providing housing
facilities.
As used in this article, the term "public corporation" shall mean any
corporate governmental agency (except a county or municipal corporation)
organized pursuant to law to accomplish any or all of the purposes
specified in this article.
§ 3. The provisions of article VII, not inconsistent with this article,
relating to debts of the state shall apply to all debts contracted by the
state for the purpose of providing moneys out of which to make loans
pursuant to this article, except (a) that any law or laws authorizing the
contracting of such debt, not exceeding in the aggregate three hundred
million dollars, shall take effect without submission to the people, and
the contracting of a greater amount of debt may not be authorized prior to
January first, nineteen hundred forty-two; (b) that any such debt and each
portion thereof, except as hereinafter provided, shall be paid in equal
annual installments, the first of which shall be payable not more than
three years, and the last of which shall be payable not more than fifty
years, after such debt or portion thereof shall have been contracted; and
(c) that any law authorizing the contracting of such debt may be submitted
to the people at a general election, whether or not any other law or bill
shall be submitted to be voted for or against at such election.
Debts contracted by the state for the purpose of providing money out of
which to make loans to or in aid of corporations regulated by law as to
rents, profits, dividends and disposition of their property or franchises
and engaged in providing housing facilities pursuant to this article may be
paid in such manner that the total annual charges required for the payment
of principal and interest are approximately equal and constant for the
entire period in which any of the bonds issued therefor are outstanding.
Any law authorizing the making of contracts for capital or periodic
subsidies to be paid with moneys currently appropriated from the general
fund of the state shall take effect without submission to the people, and
the amount to be paid under such contracts shall not be included in
ascertaining the amount of indebtedness which may be contracted by the
state under this article; provided, however, (a) that such periodic
subsidies shall not be paid for a period longer than the life of the
projects assisted thereby, but in any event for not more than sixty years;
(b) that no contracts for periodic subsidies shall be entered into in any
one year requiring payments aggregating more than one million dollars in
any one year; and (c) that there shall not be outstanding at any one time
contracts for periodic subsidies requiring payments exceeding an aggregate
of thirty-four million dollars in any one year, unless a law authorizing
contracts in excess of such amounts shall have been submitted to and
approved by the people at a general election; and any such law may be
submitted to the people at a general election, whether or not any other law
or bill shall be submitted to be voted for or against at such election.
§ 4. To effectuate any of the purposes of this article, the legislature
may authorize any city, town or village to contract indebtedness to an
amount which shall not exceed two per centum of the average assessed
valuation of the real estate of such city, town or village subject to
taxation, as determined by the last completed assessment roll and the four
preceding assessment rolls of such city, town or village, for city, town or
village taxes prior to the contracting of such indebtedness. In
ascertaining the power of a city, or village having a population of five
thousand or more as determined by the last federal census, to contract
indebtedness pursuant to this article there may be excluded any such
indebtedness if the project or projects aided by guarantees representing
such indebtedness or by loans for which such indebtedness was contracted
shall have yielded during the preceding year net revenue to be determined
annually by deducting from the gross revenues, including periodic subsidies
therefor, received from such project or projects, all costs of operation,
maintenance, repairs and replacements, and the interest on such
indebtedness and the amounts required in such year for the payment of such
indebtedness; provided that in the case of guarantees such interest and
such amounts shall have been paid, and in the case of loans an amount equal
to such interest and such amounts shall have been paid to such city or
village. The legislature shall prescribe the method by which the amount of
any such indebtedness to be excluded shall be determined, and no such
indebtedness shall be excluded except in accordance with such
determination. The legislature may confer appropriate jurisdiction on the
appellate division of the supreme court in the judicial departments in
which such cities or villages are located for the purpose of determining
the amount of any such indebtedness to be so excluded.
The liability of a city, town or village on account of any contract for
capital or periodic subsidies to be paid subsequent to the then current
year shall, for the purpose of ascertaining the power of such city, town or
village to contract indebtedness, be deemed indebtedness in the amount of
the commuted value of the total of such capital or periodic subsidies
remaining unpaid, calculated on the basis of an annual interest rate of
four per centum. Such periodic subsidies shall not be contracted for a
period longer than the life of the projects assisted thereby, and in no
event for more than sixty years. Indebtedness contracted pursuant to this
article shall be excluded in ascertaining the power of a city or such
village otherwise to create indebtedness under any other section of this
constitution. Notwithstanding the foregoing the legislature shall not
authorize any city or village having a population of five thousand or more
to contract indebtedness hereunder in excess of the limitations prescribed
by any other article of this constitution unless at the same time it shall
by law require such city or village to levy annually a tax or taxes other
than an ad valorem tax on real estate to an extent sufficient to provide
for the payment of the principal of and interest on any such indebtedness.
Nothing herein contained, however, shall be construed to prevent such city
or village from pledging its faith and credit for the payment of such
principal and interest nor shall any such law prevent recourse to an ad
valorem tax on real estate to the extent that revenue derived from such
other tax or taxes in any year, together with revenues from the project or
projects aided by the proceeds of such indebtedness, shall become
insufficient to provide fully for payment of such principal and interest in
that year.
§ 5. Any city, town or village shall be liable for the repayment of any
loans and interest thereon made by the state to any public corporation,
acting as an instrumentality of such city, town or village. Such liability
of a city, town or village shall be excluded in ascertaining the power of
such city, town or village to become indebted pursuant to the provisions of
this article, except that in the event of a default in payment under the
terms of any such loan, the unpaid balance thereof shall be included in
ascertaining the power of such city, town or village to become so indebted.
No subsidy, in addition to any capital or periodic subsidy originally
contracted for in aid of any project or projects authorized under this
article, shall be paid by the state to a city, town, village or public
corporation, acting as an instrumentality thereof, for the purpose of
enabling such city, town, village or corporation to remedy an actual
default or avoid an impending default in the payment of principal or
interest on a loan which has been theretofore made by the state to such
city, town, village or corporation pursuant to this article.
§ 6. No loan, or subsidy shall be made by the state to aid any project
unless such project is in conformity with a plan or undertaking for the
clearance, replanning and reconstruction or rehabilitation of a
sub-standard and unsanitary area or areas and for recreational and other
facilities incidental or appurtenant thereto. The legislature may provide
additional conditions to the making of such loans or subsidies consistent
with the purposes of this article. The occupancy of any such project shall
be restricted to persons of low income as defined by law and preference
shall be given to persons who live or shall have lived in such area or
areas.
§ 7. The liability arising from any guarantee of the principal of and
interest on indebtedness contracted by a public corporation shall be deemed
indebtedness in the amount of the face value of the principal thereof
remaining unpaid. The liability arising from any guarantee of only the
interest on indebtedness contracted by a public corporation shall be deemed
indebtedness in the amount of the commuted value of the total interest
guaranteed and remaining unpaid, calculated on the basis of an annual
interest rate of four per centum.
§ 8. Any agency of the state or any city, town, village, or public
corporation, which is empowered by law to take private property by eminent
domain for any of the public purposes specified in section one of this
article, may be empowered by the legislature to take property necessary for
any such purpose but in excess of that required for public use after such
purpose shall have been accomplished; and to improve and utilize such
excess, wholly or partly for any other public purpose, or to lease or sell
such excess with restrictions to preserve and protect such improvement or
improvements.
§ 9. Subject to any limitation imposed by the legislature, the state, or
any city, town, village or public corporation, may acquire by purchase,
gift, eminent domain or otherwise, such property as it may deem ultimately
necessary or proper to effectuate the purposes of this article, or any of
them, although temporarily not required for such purposes.
§ 10. The legislature is empowered to make all laws which it shall deem
necessary and proper for carrying into execution the foregoing powers.
This article shall be construed as extending powers which otherwise might
be limited by other articles of this constitution and shall not be
construed as imposing additional limitations; but nothing in this article
contained shall be deemed to authorize or empower the state, or any city,
town, village or public corporation to engage in any private business or
enterprise other than the building and operation of low rent dwelling
houses for persons of low income as defined by law, or the loaning of money
to owners of existing multiple dwellings as herein provided.
ARTICLE XIX
Amendments to Constitution
Section 1. Any amendment or amendments to this constitution may be
proposed in the senate and assembly whereupon such amendment or amendments
shall be referred to the attorney-general whose duty it shall be within
twenty days thereafter to render an opinion in writing to the senate and
assembly as to the effect of such amendment or amendments upon other
provisions of the constitution. Upon receiving such opinion, if the
amendment or amendments as proposed or as amended shall be agreed to by a
majority of the members elected to each of the two houses, such proposed
amendment or amendments shall be entered on their journals, and the ayes
and noes taken thereon, and referred to the next regular legislative
session convening after the succeeding general election of members of the
assembly, and shall be published for three months previous to the time of
making such choice; and if in such legislative session, such proposed
amendment or amendments shall be agreed to by a majority of all the members
elected to each house, then it shall be the duty of the legislature to
submit each proposed amendment or amendments to the people for approval in
such manner and at such times as the legislature shall prescribe; and if
the people shall approve and ratify such amendment or amendments by a
majority of the electors voting thereon, such amendment or amendments shall
become a part of the constitution on the first day of January next after
such approval. Neither the failure of the attorney-general to render an
opinion concerning such a proposed amendment nor his or her failure to do
so timely shall affect th* validity of such proposed amendment or
legislative action thereon.
*So in original. ("th" should be "the".)
§ 2. At the general election to be held in the year nineteen hundred
fifty-seven, and every twentieth year thereafter, and also at such times as
the legislature may by law provide, the question "Shall there be a
convention to revise the constitution and amend the same?" shall be
submitted to and decided by the electors of the state; and in case a
majority of the electors voting thereon shall decide in favor of a
convention for such purpose, the electors of every senate district of the
state, as then organized, shall elect three delegates at the next ensuing
general election, and the electors of the state voting at the same election
shall elect fifteen delegates-at-large. The delegates so elected shall
convene at the capitol on the first Tuesday of April next ensuing after
their election, and shall continue their session until the business of such
convention shall have been completed. Every delegate shall receive for his
or her services the same compensation as shall then be annually payable to
the members of the assembly and be reimbursed for actual traveling
expenses, while the convention is in session, to the extent that a member
of the assembly would then be entitled thereto in the case of a session of
the legislature. A majority of the convention shall constitute a quorum for
the transaction of business, and no amendment to the constitution shall be
submitted for approval to the electors as hereinafter provided, unless by
the assent of a majority of all the delegates elected to the convention,
the ayes and noes being entered on the journal to be kept. The convention
shall have the power to appoint such officers, employees and assistants as
it may deem necessary, and fix their compensation and to provide for the
printing of its documents, journal, proceedings and other expenses of said
convention. The convention shall determine the rules of its own
proceedings, choose its own officers, and be the judge of the election,
returns and qualifications of its members. In case of a vacancy, by death,
resignation or other cause, of any district delegate elected to the
convention, such vacancy shall be filled by a vote of the remaining
delegates representing the district in which such vacancy occurs. If such
vacancy occurs in the office of a delegate-at-large, such vacancy shall be
filled by a vote of the remaining delegates-at-large. Any proposed
constitution or constitutional amendment which shall have been adopted by
such convention, shall be submitted to a vote of the electors of the state
at the time and in the manner provided by such convention, at an election
which shall be held not less than six weeks after the adjournment of such
convention. Upon the approval of such constitution or constitutional
amendments, in the manner provided in the last preceding section, such
constitution or constitutional amendment, shall go into effect on the first
day of January next after such approval.
§ 3. Any amendment proposed by a constitutional convention relating to
the same subject as an amendment proposed by the legislature, coincidently
submitted to the people for approval shall, if approved, be deemed to
supersede the amendment so proposed by the legislature.
ARTICLE XX
When to Take Effect
Section 1. This constitution shall be in force from and including the
first day of January, one thousand nine hundred thirty-nine, except as
herein otherwise provided.
ABANDONMENT:
Canals (see "Canals").
ABROGATION:
Common law, colonial and statutory
laws and resolutions repungnant to
constitution........................... 1 14
ABSENCE:
Governor absent from state,
lieutenant-governor to act as
governor............................... 4 5
Wartime absence, continuance as
commander-in-chief................... 4 5
Voter, authorization for absentee
registration and voting................ 2 2,5
ABSENTEE REGISTRATION (see also "Elections"):
Generally, laws to provide for........... 2 5
ABSENTEE VOTING (see also "Elections"):
Generally, legislative authority to
provide................................ 2 2
ACCOUNTS:
Public corporation, supervision by
comptroller............................ 10 5
ACCOUNTS AGAINST STATE (See "Claims
Against State," "State").
ACCUSATION:
Nature and cause, right to be informed... 1 6
ACCUSED (see also "Criminal Actions"):
Appearance and defense in person and
by counsel............................. 1 6
Grand jury, requirement for indictment... 1 6
Judicial officer, rights in certain
proceedings............................ 6 22(a)
Rights generally......................... 1 6
Self-incrimination, prohibition against.. 1 6
Witnesses, confrontation................. 1 6
ACTING GOVERNOR (see "Governor").
ACTION FOR WRONGFUL DEATH:
Damages recoverable not to be limited.... 1 16
Existing, not to be abrogated............ 1 16
ACTIONS (see also "Judicial Proceedings"):
Abolished courts, transferred to certain
courts................................. 6 35(b,e,f,h,i)
Conservation, provisions relating to,
restraining violations of.............. 14 4
Corporations, suits by and against....... 10 4
Pending, on effective date of judiciary
article.
Continuation and transfer................ 6 36
Hearing and determination.............. 6 34(a)
Public office, actions by attorney-general
for forfeiture......................... 1 6
State debts, bondholders' suits to
INDEX
Art. Sec.
compel payment......................... 7 16
Transfer, by certain courts.............. 6 19(a-i)
ADJOURNMENT (see "Assembly," "Legislature,"
"Senate").
ADMINISTRATIVE BOARD, JUDICIAL CONFERENCE:
Composition.............................. 6 28
Establishment of standards and policies.. 6 28
Functions................................ 6 28
Supervision, unified court system........ 6 28
ADOPTION:
Children, religious persuasion to control 6 32
Family court, jurisdiction............... 6 13(b)(1)
AD VALOREM TAX:
Cities, imposition for housing subsidies. 18 4
Personal property not subject to......... 16 3
AFFIRMATION (see also "Oath or Affirmation"):
Court for trial of impeachments, members
to take................................ 6 24
Searches and seizures, warrant to be
supported by........................... 1 12
Telephone and telegraph communications,
interception, orders or warrants to
be supported by........................ 1 12
AGRICULTURAL LANDS (see "Lands").
AGRICULTURE AND MARKETS, DEPARTMENT OF:
Head of, manner of appointment to be
prescribed by law...................... 5 4
AID:
Children, dependent and neglected,
legislative authority to provide....... 7 8
Housing for persons of low income,
authorization.......................... 18 2
Mentally ill or retarded, legislative
authority to provide................... 7 8
Needy persons, legislative power to
provide................................ 7 8
Nursing homes, legislative power to
provide................................ 18 2
ALLEYS:
Opening, closing, etc., by private and
local bill prohibited.................. 3 17
ALLODIAL TENURES (see "Lands").
ALLOWANCES (see "Assembly members,"
"Public Officers," "Senators").
ALMSHOUSE:
Voting residence unaffected while inmate. 2 4
ALTERNATIVE FORM OF COUNTY GOVERNMENT (see
"Counties").
AMENDMENTS (see "Bills," "Constitutional
-- 92 --
INDEX
Art. Sec.
Amendments," "Legislature," "Local Laws").
ANNEXATION OF TERRITORY:
Local governments, requirement for
referendum............................. 9 1(d)
APPEALS:
Affirmance of judgment or order in whole
or in part............................. 6 5(a)
City courts, outside New York City,
where taken............................ 6 8(e),35(m)
County courts, where taken............... 6 11(d)
Court of appeals,
Civil cases, appeals as of right....... 6 3(b)(1-3)
Constitutional cases,
Direct appeal.......................... 6 3(b)(1,2)
Right of appeal unaffected by court
of origin.......................... 6 3(b)(2)
Criminal cases, judgment of death,
direct appeal.......................... 6 3(b)
Decisions of appellate divisions,
Appeals involving public officers...... 6 3(b)(5)
Constitutional questions............... 6 3(b)(1)
Granting new trial or hearings, appeal
on stipulation....................... 6 3(b)(3)
Non-unanimous, appeal as of right...... 6 3(b)(1)
Final decisions of appellate division,
when appeal allowed.................... 6 3(b)(1,6)
Interlocutory decisions of appellate
divisions.............................. 6 3(b)(4)
Judgment of death, scope of review....... 6 3(a)
Judgments or orders of reversal or
modification, appeals of right......... 6 3(b)(1)
Jurisdiction,
Appeals which may be taken............. 6 3(b)(1-7)
Appeals pending therein on effective
date of judiciary article,
Continuation........................... 6 36
To hear and determine................ 6 34(a)
Legislature, power to abolish
certain appeals........................ 6 3(b)(8)
Limitation to review of questions
of law, exceptions..................... 6 3(a)
Non-unanimous decisions of appellate
division, appeals of right............. 6 3(b)(1)
Orders of appellate division granting
new trial or hearing, appeal on
stipulation............................ 6 3(b)(3)
Public officers, appeals in proceedings
affecting.............................. 6 3(b)(5)
Reversal or modification on new facts,
unlimited power of review.............. 6 3(a)
-- 93 --
INDEX
Art. Sec.
Review, limitation to questions of law,
exception.............................. 6 3(a)
Right of appeal unaffected by amount
involved............................... 6 3(a)
Statutory provisions, constitution-
ality, direct appeal................... 6 3(b)(2)
Judgments, interlocutory, power to
affirm, reverse or modify............ 6 5(a)
Judgments of affirmance, reversal or
modification, power of appellate
court to render...................... 6 5(a)
Modification of judgment or order...... 6 5(a)
New trial, power of appellate court to
grant................................ 6 5(a)
Orders, intermediate, power to affirm,
reverse or modify.................... 6 5(a)
Pending on effective date of judiciary
article,
Continuation and transfer............ 6 36
Hearing and determination............ 6 34(a)
Reversal of judgment or order.......... 6 5(a)
Right thereto, certain cases,
unaffected by judiciary article........ 6 35(m,n)
Supreme court,
Appellate division, appeal to,
transfer to another department....... 6 4(g)
Appellate term,
Jurisdiction....................... 6 8(d,e)
Transfer thereto, power of
legislature...................... 6 11(d),35(m)
Town courts, where taken............... 6 8(d),35(m)
Transfer of unauthorized............... 6 5(b)
Village courts, where taken............ 6 8(e),35(m)
APPEARANCE (see "Accused," "Criminal
Actions").
APPELLATE DIVISIONS (see "Supreme Court,
Appellate Division").
APPOINTMENT (see "judicial Officers,"
"Public Officers," and specific
offices).
APPORTIONMENT (see also "Assembly
Districts," "Assembly members," "Senate
Districts," "Senators"):
Assembly districts,
Division of counties................... 3 5
Assembly members,
Directions for apportionment........... 3 5
Federal census controlling, exceptions. 3 4
Number from each county................ 3 5
Ratio for apportionment................ 3 5
-- 94 --
INDEX
Art. Sec.
Courts to be convened for causes
involving.............................. 3 5
Judicial review.......................... 3 5
Preference to be given causes
involving............................ 3 5
Review by supreme court, suit of
citizen.............................. 3 5
Senate districts,
Division of state.................... 3 3
Readjustment or alteration........... 3 4
Senators,
Federal census controlling, excep-
tions.............................. 3 4
Ratio for apportionment.............. 3 4
APPROPRIATIONS (see also "Bills,"
"Legislature"):
Bills,
Amendment or alteration of bills
submitted by governor................ 7 4
Appropriating public moneys for local
or private purposes, two-thirds
vote required........................ 3 20
Approval by governor, when required,
Appropriation bills generally........ 4 7
................................... 7 6
Budget bills......................... 7 4,6
Barge canal, annual appropriations
authorized, if leased or transferred
to federal government.............. 15 4
Effective after passage without action
by governor........................ 7 4
Items, approval of some and disapproval
of others.......................... 4 7
Restrictions on,
Consideration of certain........... 7 5
Content of certain................. 7 6
Separate bill for each appropriation,
when required...................... 7 6
Specification of sum, object and
purpose of appropriation........... 7 7
Claims against state, appropriations
by legislature to pay................ 3 19
Contribution to state sinking funds.... 7 16
Estimates by departments to governor... 7 1
Housing, low rent, etc., appropriations
from general fund.................... 18 2
Judiciary, appropriations,
Approval by governor................. 7 4
Restrictions on amendment inapplicable
to................................. 7 4
-- 95 --
INDEX
Art. Sec.
Legislature, appropriations,
Approval by governor................. 7 4
Restrictions on amendment inapplicable
to................................. 7 4
Message from governor, consideration
of new bill.......................... 7 5
Moneys not to be paid out except by.... 7 7
Municipalities, payment of
indebtedness......................... 8 2
New bill, legislature not to consider
before acting on governor's bills,
exception............................ 7 5
Reforestation, appropriations.......... 14 3
Separate bills, when required,
exceptions .......................... 7 6
State debts, payment................... 7 16
State sinking funds.................... 7 15
Sums not to be fixed by reference to
other laws........................... 7 7
Supplemental appropriation bill,
Submission by governor............... 7 3
Support of government, separate bills
not required....................... 7 6
Three-fifths quorum required for passing
certain bills........................ 3 23
Time for payment under acts making..... 7 7
Veto of items in bills, passage by
legislature over..................... 4 7
Wild life conservation,
appropriations....................... 14 3
ARIETTA:
Exchange of certain forest preserve
lands, authorized...................... 14 1
ARMED FORCES (see also "Bonus" and "Civil
Service"):
Judges, certain, eligibility to serve.... 6 20(b)(1)
Article of Commerce:
Labor of human beings not considered... 1 17
ASSEMBLY (see also "Assembly members,"
"Legislature"):
Adjournment exceeding two days, consent
of senate required..................... 3 10
Bills (see also "Appropriations,"
"Bills," "Legislature"),
Amendment of bills passed by senate.... 3 12
Desks of members, three day rule....... 3 14
Enacting clause........................ 3 13
Introduction........................... 3 12
Law enacted only by bill............... 3 13
Passage, conditions prerequisite,...... 3 14
-- 96 --
INDEX
Art. Sec.
Majority vote required............... 3 14
Veto, reconsideration, two-thirds
vote required.......................... 4 7
Constitutional amendments,
Proposal............................... 19 1
Reference to next legislative
session.............................. 19 1
Districts (see "Assembly Districts").
Doors to be kept open, exception......... 3 10
Election, when held...................... 3 8
Elections, returns and qualifications of
members................................ 3 9
Forfeiture of membership on acceptance
of certain offices..................... 3 7
Impeachment, power, how exercised........ 6 24
Journal of proceedings (see also
"Legislature"),
Bills, final passage, ayes and nays
to be entered........................ 3 14
Governor's objections to bills
to be entered........................ 4 7
Keeping and publishing................. 3 10
Passage of bill over veto, entry....... 4 7
Removal of judicial officers, charges
and votes to be entered............ 6 23(c)
Three-fifths quorum for certain bills,
yeas and nays to be entered........ 3 23
Legislative power vested in assembly
and senate........................... 3 1
Legislature, extraordinary sessions.... 4 3
Members,
Additional allowance as managers of
impeachment........................ 3 6
Allowance as officer or for service
in special capacity, not to be
increased or diminished during
term............................. 3 6
Apportionment,
Counties, number of members........ 3 5
Division of county into assembly
districts........................ 3 5
Duty of legislature................ 3 5
Federal census controlling,
exceptions....................... 3 4
Ratio for apportionment............ 3 5
Review by supreme court............ 3 5
Compensation,
Annual, law fixing, same in each
house............................ 3 6
Other, prohibited.................. 3 6
-- 97 --
INDEX
Art. Sec.
13 7
Not to be increased or diminished
during term...................... 3 6
13 7
Districts, to be chosen from single.. 3 5
Elections returns and qualifications. 3 9
Forfeiture of membership on
acceptance of certain offices...... 3 7
Hamilton county to elect with Fulton
county............................. 3 5
Impeachment by, majority vote
required........................... 6 24
Number,.............................. 3 2
Minimum in each county, exception.. 3 5
Qualifications,...................... 3 7
House to be judge of............... 3 9
Salary and allowances................ 3 6
Speeches and debates privileged...... 3 11
Term of office....................... 3 2
Time for election.................... 3 8
Traveling expenses................... 3 6
Vacancy in office, creation.......... 3 7
Officers, selection.................... 3 9
Privilege of members, speeches and
debates.............................. 3 11
Qualifications for membership,......... 3 7
Power to judge....................... 3 9
Quorum,
Majority of members to constitute.... 3 9
Three-fifths required for passing
certain bills...................... 3 23
Removal of judicial officers,
Court of appeals judges and supreme
court justices..................... 6 23(a)
Court on the judiciary, stay of
action............................. 6 22(e)
Representation, each county entitled
to, exception........................ 3 5
Rules of proceedings, determination.... 3 9
Speaker,
Court on the judiciary, notification
of removal charges................. 6 22(e)
Governor, when to act as............. 4 6
Selection............................ 3 9
Yeas and nays, reconsideration of
vetoed bills......................... 4 7
ASSEMBLY DISTRICTS:
Alteration and creation, federal census
controlling............................ 3 4,5
Assembly members to be chosen from
-- 98 --
INDEX
Art. Sec.
single, exception,..................... 3 5
Hamilton county to join with Fulton
county............................... 3 5
Description, filing...................... 3 5
Duration and continuance, exception...... 3 5
Existing unaffected by new apportionment. 3 5
Form..................................... 3 5
Formation,
City blocks not to be divided.......... 3 5
Counties having more than one senate
district............................. 3 5
Directions and restrictions............ 3 5
Division of county, when and by whom
made................................. 3 5
Equality in number of inhabitants
to control........................... 3 5
Limitation on population............... 3 5
Rules.................................. 3 5
Senate districts,
Disregarded, when may be............. 3 4
To be wholly included within......... 3 5
Towns not to be divided, exception... 3 5
Member of legislature, residence..... 3 7
Number............................... 3 5
Readjustment, federal census controll-
ing................................ 3 4
Territory to be contiguous............... 3 5
ASSEMBLY, RIGHT OF:
Guaranty................................. 1 9
ASSEMBLY MEMBERS (see also "Assembly,"
"Legislature"):
Acceptance of certain offices to
vacate seat............................ 3 7
Allowances as officer or for service
in special capacity.................... 3 6
Apportionment,........................... 3 5
Counties entitled to one member,....... 3 5
Hamilton county to join with Fulton
county............................. 3 5
Two members or more................ 3 5
Directions and restrictions...... 3 5
Federal census controlling,
exceptions..................... 3 4
Ratio for apportionment.............. 3 5
Review by supreme court.............. 3 5
Assembly to be judge of elections
and qualifications............... 3 9
Commissioner of deeds, not
disqualified for appointment..... 3 7
Compensation, allowances and
-- 99 --
INDEX
Art. Sec.
traveling expenses,.............. 3 6
Constitution and laws to govern and
control.......................... 3 6
Existing, continuance until
changed.......................... 3 6
Not to be increased or diminished
during term.................... 3 6
............................... 13 7
Court on the judiciary, stay of
proceedings.......................... 6 22(e)
Districts (see "Assembly Districts").
Elections, when held,................ 3 8
Effect of law making new
apportionment...................... 3 5
Other compensation prohibited........ 3 6
................................ 13 7
Impeachment, majority vote required.... 6 24
Ineligibility for certain civil
appointments......................... 3 7
Judicial officers, removal of certain,
Charges against, time to prefer to
stay action by court on judiciary.... 6 22(e)
Two-thirds vote required............... 6 23(a)
National guard, not disqualified
for membership......................... 3 7
Naval militia, not disqualified
for membership......................... 3 7
Number,.................................. 3 2
Each county entitled to one, exception. 3 5
Office without compensation, eligibility
for appointment........................ 3 7
Qualifications........................... 3 7
Quorum................................... 3 9,23
Reserve forces of the United States,
eligibility for membership............. 3 7
Salary, law fixing annual................ 3 6
Speeches and debates, not subject to
question............................... 3 11
Term of office........................... 3 2
Traveling expenses, reimbursement,
limitation............................. 3 6
Vacancy in office, when created.......... 3 7
ASSESSMENT ROLL:
Valuation of real estate for debt and
tax limit purposes....................... 8 4,10
ASSESSMENTS:
Equalization ratio, determination for
tax limit purposes....................... 8 10
Full value, not to exceed.................. 16 2
Legislature to prevent abuses therein...... 8 12
-- 100 --
INDEX
Art. Sec.
Local governments, adoption and
amendment of laws governing.............. 9 2(c)
State comptroller's powers................. 5 1
Supervision, review and equalization,
legislature to provide................... 16 2
ASSOCIATIONS (see also "Corporations"):
Grants by private or local bill
prohibited,
Exclusive privilege, immunity or
franchise............................ 3 17
Exemption from taxation................ 3 17
Railroad tracks, privilege of laying
down................................. 3 17
Inclusion in term "corporation".......... 10 4
ASYLUM:
Voting residence unaffected while inmate. 2 4
ATTEMPTS (see "Bribery," "Public Officers").
ATTORNEY:
Accused, right to appear by.............. 1 6
Court on the judiciary, designation of... 6 22(f)
Judges and justices,
Eligibility to office.................. 6 20(a,c)
Prohibition against practicing law..... 6 20(b)(4)
ATTORNEY-GENERAL:
Conservation provisions, notice of suits
to restrain violations................. 14 4
Constitutional amendments, reference for
opinion,............................... 19 1
Effect of failure to render............ 19 1
Election................................. 5 1
Forfeiture of public office, suits by.... 1 6
Law, department head..................... 5 4
Notice of actions to restrain,
Payment or refund of state moneys
without audit........................ 5 1
Violations of conservation provisions.. 14 4
Qualifications........................... 5 1
Removal of public officers, suit by...... 1 6
Term of office........................... 5 1
Vacancy in office,
Legislature to provide for filling..... 5 1
No election except at time of electing
governor............................. 5 1
AUDIT:
Claims against state..................... 3 19
AUDIT AND CONTROL, DEPARTMENT OF:
Comptroller as head...................... 5 4
AUTHORITIES (see also "Public Corporations"):
Rules and regulations of state
-- 101 --
INDEX
Art. Sec.
authorities............................ 4 8
BAIL:
Prohibition against excessive............ 1 5
Ballot (see "Elections").
Banking, Department of:
Head of department, appointment and
removal................................ 5 4
BANKS AND BANKING (see also "Savings Banks"):
Corporations, formation under general
laws................................... 10 3
Special charters for, legislature not
to grant............................. 10 3
BAR ASSOCIATION, NEW YORK STATE:
Court on the judiciary, request by
majority of executive committee to
convene................................ 6 22(d)
BARGE CANALS (see "Canals").
BELLEAYRE MOUNTAIN:
Forest preserve, construction of ski
trails permitted....................... 14 1
BETTING:
Horse races, pari-mutuel betting,
authorization.......................... 1 9
Voters, disqualification................. 2 3
BILL OF RIGHTS:
Constitutional provisions generally...... 1 1-18
BILLS (see also "Appropriations,"
"Budget," "Legislature"):
Amendments,
Either house may make.................. 3 12
Prohibited on last reading............. 3 14
Revision bills free of certain
restrictions......................... 3 21
Appropriations,
Amendment or alteration of governor's
bills................................ 7 4
Approval of and objection to specific
items................................ 4 7
Disapproved items ineffective,......... 4 7
Subject to provisions governing
vetoed bills....................... 4 7
Governor, action by,
Approval, when required,
Appropriation bills generally...... 4 7
................................. 7 6
Budget bills....................... 7 4,6
Message from governor,
consideration of new........... 7 5
Priority of consideration for
bills submitted by governor.... 7 5
-- 102 --
INDEX
Art. Sec.
Provisions to relate specifically
to items of appropriation...... 7 6
Reconsideration, passage over veto
of items disapproved........... 4 7
Separate bill for each
appropriation.................. 7 6
Specification of sums, objects
and purposes................... 7 7
Three-fifths quorum required
for passing certain............ 3 23
Two-thirds vote required,
appropria tion for local or
private purposes............... 3 20
Veto of bills making, passage
over, two-thirds vote
required....................... 4 7
Approval by governor before becoming
law................................ 4 7
................................... 7 4,6
Assent of majority required for
passage in each house.............. 3 14
Budget (see "Budget").
Claims of state, bills releasing,
three-fifths quorum necessary
for passage........................ 3 23
Creation of debt, bills, three-fifths
quorum necessary for passage....... 3 23
Desks of members, three day rule..... 3 14
Enacting clause...................... 3 13
Enactment of law by bill only........ 3 13
Existing law not to be made
applicable by reference,........... 3 16
Statutory revision bills,
exception........................ 3 21
Failure of governor to return bill
in time, effect.................... 4 7
Final adjournment, approval by
governor necessary................. 4 7
Final passage (see "Passage" under
"Bills").
Form, final, requirements
for printing....................... 3 14
Governor, action after passage,...... 4 7
................................... 7 4,6
Presentation to, before
becoming law..................... 4 7
Incorporation of existing law by
reference prohibited............... 3 16
Introduction in either house......... 3 12
Journal, entry of ayes and nayes
-- 103 --
INDEX
Art. Sec.
on final passage................... 3 14
Law, when bill becomes............... 4 7
Local (see "private or local bills"
under "Bills").
Messages required for passage,
Appropriation bills, governor's
message certifying to
necessity of passage in advance
of budget bills................ 7 5
Local government, special laws
affecting, Certificate of necessity
from governor, exceptions........ 9 2(b)
Request from chief executive officer
and local legislative body....... 9 2(b)
Request from local legislative
body............................. 9 2(b)
New York city,
Local offices, laws affecting...... 13 13(c)
Certificate of necessity from
governor prohibited............ 9 2(b)
Waiver of three day rule, governor's
certificate of necessity for
immediate vote................. 3 14
Object or purpose to be stated
in appropriation bills........... 7 7
Origination in either house........ 3 12
Passage (see also "Vote required
for final passage" under "Bills"),
Ayes and nays to be taken
and entered on journal......... 3 14
Conditions pre-requisite......... 3 14
Majority vote required........... 3 14
Message of necessity for
immediate vote................. 3 14
Veto, passage over, two-thirds
vote required.................. 4 7
Printing requirement............... 3 14
Private or local bills (see also
"Local Laws," "Special Laws"),
Cases in which not authorized.... 3 17
Not to embrace more than one
subject to be expressed in
title,......................... 3 15
Statutory revision bills,
exception...................... 3 21
Public utilities, municipal
ownership, limitation on
legislative power over profits... 3 18
Statutory revision bills free
of certain restrictions.......... 3 21
-- 104 --
INDEX
Art. Sec.
Taxation,
Statement of tax and
object in tax bills............ 3 22
Three-fifths quorum required for
passing tax bills.............. 3 23
Three calendar legislative days,
requirement for placing bills
on desks of members............ 3 14
Three-fifths quorum necessary for
passage of certain............. 3 23
Time for approval by governor.... 4 7
Veto by governor,
Passage over veto............ 4 7
Return to house of origin
with objections............ 4 7
Vote required for final passage,
Majority vote, ordinary quorum,
Bills generally.............. 3 14
Concurrent resolutions, constitu-
tional amendments.................. 19 1
Majority vote, three-fifths quorum,
Appropriation of public money
or property, bills making,
continuing or reviving......... 3 23
Claim or demand of state,
bills releasing, discharging or
commuting...................... 3 23
Debt or charge, bills creating... 3 23
Tax, bills imposing, continuing
or reviving...................... 3 23
Two-thirds vote,
Appropriations for local or
private purposes, bills
making......................... 3 20
Court of appeals judges,
concurrent resolutions removing
from office.................... 6 23(a)
Items of appropriations disap-
proved, passage over veto...... 4 7
Local governments, special
laws affecting................. 9 2(b)
New York city, bills relating
to certain offices........... 13 13(c)
Vote required for final
passage--( Concluded)
Two-thirds vote--(Concluded)
Supreme court justices, concurrent
resolutions removing from
office........................... 6 23(a)
Vetoed bills, passage on
-- 105 --
INDEX
Art. Sec.
reconsideration.................. 4 7
BINGO:
Conduct authorized, subject to
certain restrictions................... 1 9
BLIND:
Education and support,
legislative authority.................. 7 8
State institutions, not subject to
visitation and inspection by
board of social welfare................ 17 2
BOARD OF SUPERVISORS (see also
"Counties"):
District court, may request
legislature to establish............... 6 16(a)
Division of county into assembly
districts, power and duty.............. 3 5
Election of members in city.............. 13 8
Prohibition against private or
local bill............................. 3 17
BOARD OF ELECTIONS (see "Elections").
BOARD OF REGISTRATION (see "Elections").
BONDS (see "Debts," "Municipalities,"
"State").
BONUS:
Aggregate debt........................... 7 18
Amount................................... 7 18
Armed forces, service.................... 7 18
Eligibility.............................. 7 18
Laws, what to provide.................... 7 18
Next of kin of deceased
veterans, eligibility.................. 7 18
periods and places of service
to control amount...................... 7 18
State residence, condition pre-requisite
to eligibility......................... 7 18
Veterans, eligibility.................... 7 18
World War II, service.................... 7 18
BOOKMAKING:
Prohibition against authorization
or allowance........................... 1 9
BOUNDARY WATERS:
Bridges over, authorization by
private or local bill.................. 3 17
BRIBERY:
District attorney, removal for
failure to prosecute................... 13 13(b)
Expenses of investigation and
prosecution as state charge............ 13 13(b)
Right of suffrage, loss upon conviction.. 2 3
BRIDGES:
-- 106 --
INDEX
Art. Sec.
Boundary waters, private or local
bill for building over, authorized..... 3 17
Private or local bill for
building prohibited.................... 3 17
BRONX COUNTY:
County court,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred
to supreme court..................... 6 35(b)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be justices of supreme
court for remainder of term.......... 6 6(d),35(b)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned
to certain courts.................... 6 35(l)
Records, disposal thereof.............. 6 35(a)
Seal, disposal thereof................. 6 35(a)
BROOME COUNTY:
Special county judge, office
abolished, judge to be judge of
family court for remainder
of term................................ 6 35(g)
BUDGET (see also "Appropriations," "Bills"):
Amendment or supplement by
governor............................... 7 3
Bills,
Alteration or amendment by
legislature prohibited, exceptions... 7 4
Approval by governor,
when required........................ 7 4
..................................... 7 6
Effective after passage without action
by governor.......................... 7 4
Legislature and judiciary
appropriations subject to approval
of governor.......................... 7 4
Restriction on consideration of
other appropriations................. 7 5
Restriction on contents................ 7 6
Separate bill for each appropriation,
requirement inapplicable............. 7 6
Specific relation to particular
appropriation, requirement for
provisions........................... 7 6
Submission by governor with
budget............................... 7 3
Contents............................. 7 2
Department estimates................. 7 1
Department heads, duty to appear
-- 107 --
INDEX
Art. Sec.
at hearings on request of
legislature or committee........... 7 3
Estimates and information required
from department.................... 7 1
Hearing and appearances before
legislature or committee........... 7 3
Hearings and attendance.............. 7 1
Legislature and judiciary, estimates
of needs, transmission to
governor........................... 7 1
Action thereon by governor......... 7 1
Preparation and submission....... 7 2
Revenue estimates, submission
by governor.................... 7 2
Legislation for revenues,
recommendations by governor........ 7 2
State departments,
Estimates and information to be
supplied by heads................ 7 1
Hearing and attendance............. 7 1
Submission by governor to
legislature........................ 7 2
BUFFALO, CITY OF:
Improvements, debts excluded
in computing limitation................ 8 6
BUREAUS (see "State Boards," "State
Bureaus").
CANALS:
Abandonment, prohibition against......... 15 1
Exception, lease or transfer
to federal government................ 15 4
Barge canal, lease or transfer
to federal government authorized....... 15 4
Annual appropriation by
state authorized..................... 15 4
Canal lands and properties, legislature
may authorize use by public
thruway corporations................. 10 6
Canal lands and properties no longer
useful, disposition authorized....... 15 2
Cancellation of unjust and
oppressive contracts on
application of contractor............ 15 3
Contracts for work or materials,
letting to lowest bidder,
security required.................... 15 3
Disposition, prohibition against....... 15 1
Exception, lease or transfer
to federal government................ 15 4
Extra compensation to
-- 108 --
INDEX
Art. Sec.
contractor prohibited................ 15 3
Federal government,
Lease or transfer of barge
canal to, authorization............ 15 4
Forest lands, use for construction
of canal reservoirs authorized....... 14 2
General provisions relating to......... 15 1-4
Improvement, legislature to provide.... 15 3
Lease, prohibition against............. 15 1
Exception, lease or transfer
to federal government.............. 15 4
Permits for occupancy or use
of lands or structures, legislative
authorization for granting........... 15 1
Repairs, annual provision
for expenses......................... 15 3
Sale,
Canal lands and properties no
longer necessary or useful,
authorization...................... 15 2
Funds derived, payment into
treasury........................... 15 2
Prohibition against; exception....... 15 1,4
Superintendence, annual expenses,
legislature to provide............... 15 3
Tolls prohibited....................... 15 3
Unjust or oppressive contracts,
cancellation by superintendent
of public works...................... 15 3
CAPITAL OR INFAMOUS CRIMES:
Grand jury, indictment necessary
for prosecution, exceptions............ 1 6
Judgment of death,
Court of appeals, jurisdiction,
direct appeal to..................... 6 3(b)
Jury trial, prohibition
against waiver......................... 1 2
CAPITAL IMPROVEMENTS:
New York city, taxes,
exclusion from tax limitation.......... 8 11
CAPITAL STOCK:
Municipalities, ownership in
private corporation or association
prohibited............................. 8 1
Savings banks, prohibited................ 10 3
CAYUGA CANAL (see also "Canals"):
Disposition, prohibition against......... 15 1
Exceptions............................... 15 2
CENSUS (see "Federal Census").
CERTIFICATE OF NECESSITY (see also
-- 109 --
INDEX
Art. Sec.
"Bills," "Governor," "Legislature"):
Governor to legislature,
Bills, imemdiate vote on,
facts necessitating.................. 3 14
Immediate passage of appropriation
bills not submitted by
governor............................. 7 5
Local governments, outside
New York city, special
laws affecting..................... 9 2(b)
New York city, certain cases......... 13 13(c)
CERTIFICATES OF INDEBTEDNESS (see
also "Municipalities," "State"):
Buffalo, Rochester and Syracuse,
additional debts excluded
from debt limitation................... 8 6
Debts excluded from
debt limitation........................ 8 5
Municipalities,
Appropriations for redemption.......... 8 2
Exclusion in computation of
debt limitation...................... 8 5
Real property, limitation of taxes..... 8 10
Taxes excluded from
tax limitation....................... 8 11
New York city, certain additional
indebtedness excluded from
debt limitation........................ 8 7,7-a
CERTIFICATION:
Judges, certain, to
continue service....................... 6 25(b)
CERTIFIED QUESTIONS (see "Appeals"):
CHAMPLAIN CANAL (see also "Canals:):
Disposition, prohibition against......... 15 1
Exceptions............................. 15 2
CHANGE OF VENUE:
Providing by private or local
bill prohibited........................ 3 17
CHARITABLE INSTITUTIONS(see also
"Corporations"):
Support, payments by local
governments authorized................. 8 1
Tax exemption of property................ 16 1
Visitation and inspection................ 17 2
Voting residence unaffected while
confined at certain.................... 2 4
CHARITABLE ORGANIZATIONS:
Bingo or lotto, conduct by
certain, authorized.................... 1 9
CHARTERS:
-- 110 --
INDEX
Art. Sec.
Banking corporations, special
charters prohibited.................... 10 3
Savings banks and institutions,
conformity to general laws............. 10 3
CHATTELS:
Action for recovery, jurisdiction,
County court............................. 6 11(a)
District court........................... 6 16(d)
New York city-wide court
of civil jurisdiction.................. 6 15(b)
CHAUTAUQUA COUNTY:
Special county judge, office
abolished, judge to be judge of
family court for remainder of term..... 6 35(g)
CHILDREN:
Delinquent, neglected or dependent,
jurisdiction of family court........... 6 13(b)(1)
Dependent children, homes for,
maintenance by municipalities.......... 8 1
Education, legislature to provide,....... 11 1
Transportation to and from
schools, authorization............... 11 3
Family court, jurisdiction generally..... 6 13(b-c)
Institutions, visitation and inspection.. 17 2
Juvenile delinquents, education and
support................................ 7 8
Neglected and dependent,
Aid, care and support, legislative
authority to provide................. 7 8
Institutions, visitation and
inspection........................... 17 2
Religious persuasion to control
adoption, guardianship, etc............ 6 32
Services, health and welfare,
legislature may provide,............... 7 8
Municipalities, authority
to provide........................... 8 1
CHILDREN'S COURTS:
Abolished................................ 6 35(a)
Actions and proceedings, transferred
to family court........................ 6 35(h)
Appeals, where taken..................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be judges of the
family court for remainder
of term................................ 6 35(g)
Papers, disposal thereof................. 6 35(a)
Personnel, non-judicial, assigned
to certain courts...................... 6 35(l)
Records, disposal hereof................. 6 35(a)
-- 111 --
INDEX
Art. Sec.
Seal, disposal thereof................... 6 35(a)
CITIES (see also "Municipalities"):
Acceptance of certain offices under
city government to vacate
seat in legislature.................... 3 17
Action to compel setting
aside funds for payment
of indebtedness........................ 8 2
Acquisition of property, local
laws relating thereto.................. 9 2(c)
Adoption and amendment of
local laws............................. 9 1(a),2(c)
Agreements, authorization for
certain, relating to service etc....... 9 1(c)
Annexation of territory, procedure....... 9 1(d)
Appointment, officers not provided
for by constitution.................... 9 1(b)
Appropriation for payment
of indebtedness........................ 8 2
Assembly districts, formation,
City blocks not to be divided.......... 3 5
When and by whom made................ 3 5
Assessments, duty of legislature
to restrict............................ 8 12
Bingo, power to authorize................ 1 9
Bonds,
Ownership in private
corporation prohibited............... 8 1
Pension or retirement systems, serial
bonds, exclusion from
indebtedness......................... 8 5
Borrowing, duty of legislature
to restrict............................ 8 12
Capitol improvements, New York
City, taxes for certain,
exclusion from tax limitation........ 8 11
Certificate of indebtedness, exclusion
in computing limitations............... 8 5
Charitable institutions, payments to..... 8 1
Claims against, power to
adopt and amend local laws............. 9 2(c)
Common council (see "Common Council").
Comptroller, supervision of
accounts of public corporations........ 10 5
Condemnation of property................. 1 7
....................................... 9 1(e)
Consent to public corporation
to contract indebtedness............... 8 3
Contractors,
Power to adopt and amend local
-- 112 --
INDEX
Art. Sec.
laws for protection of employees..... 9 2(c)
Correctional institutions,
Authorization of indebtedness
for maintenance...................... 8 1
Care, support and maintenance
of privately-operated, authorization
of payment........................... 8 1
County, membership of governing
elective body not to be
subject of local laws.................. 9 2(c)
County wholly included in city,
Time for election of officers.......... 13 8
Elective governing body
not required......................... 9 1(a)
Indebtedness, power to contract........ 8 9
Indebtedness of county not to
be included in city indebtedness..... 8 9
Court of special sessions (see
"Court of Special Sessions").
Dependent children, authorization of
indebtedness for maintenance,
care and support....................... 8 1
Drainage systems,
Common or excess, legislature
may authorize........................ 8 2(a)
Indebtedness, exclusion from
debt limitation...................... 8 2(a)
Revenues, restriction on use........... 8 2(a)
Education,
Indebtedness for, exclusion
from debt limitation................. 8 10
School districts, certain, tax
limitation on real property.......... 8 10
School system, legislative power
unaffected by local government
article.............................. 9 3(a)
Tax limitation on real property........ 8 10
Elections,
Annexation of territory, procedure..... 9 1(d)
Officers not provided for
by constitution...................... 9 1(b)
Public corporations, approval
of certain powers.................... 10 5
Time for election of officers.......... 13 8
Electric utility, fair return
on value of property................... 9 1(f)
Eleemosynary institutions,
payment to............................. 8 1
Eminent domain,
Condemnation of property............... 1 7
-- 113 --
INDEX
Art. Sec.
..................................... 9 1(e)
Housing, grant of power authorized..... 18 2
Excess taking for housing purposes....... 18 8
Employees,
Civil service, appointments
and promotions....................... 5 6
Compensation, power to adapt
and amend local laws................. 9 2(c)
Membership in retirement system,
benefits not to be impaired.......... 5 7
Protection of safety and welfare....... 9 2(c)
Veterans' preference and credits
in civil service..................... 5 6
Excess taking of lands, sale
or lease............................... 9 1(e)
..................................... 18 8
Exclusions, in computation of debt
and tax limitation..................... 8 5,11
Existing laws, continuance............... 9 3(b)
Existing powers as to local laws......... 9 2(c)
Expenditures, certain, exclusion
from debt limitations.................. 8 11
Family homes, authorization of
indebtedness for maintenance
of needy children therein.............. 8 1
Firefighters, retired, pensions
may be increased....................... 8 1
Fiscal Officers,
Exclusion of indebtedness from
tax limitation, determination........ 8 11
Payment of indebtedness................ 8 2
Gas utility, fair return on
value of property.................... 9 1(f)
Gifts of moneys or credit for
private purposes prohibited.......... 8 1
Governmental functions, apportionment
of costs, authorization.............. 9 1(g)
Health,
Protection of employees, local
laws affecting....................... 9 2(c)
Services for children, indebtedness.... 8 1
Hours of labor,
Amendment or repeal of certain laws.... 9 2(c)
Power to adopt and amend local laws.... 9 2(c)
Regulation by legislature.............. 13 14
Housing (see "Housing").
Indebtedness,
Conditions for refunding............. 8 2
County lying within, cessation
of county's power to contract...... 8 9
-- 114 --
INDEX
Art. Sec.
County indebtedness not
included in city's................. 8 9
Debts excluded in computing
limitations........................ 8 2(a),5,7(a)
................................... 18 4,5
Education purposes, certain
cities, exclusion.................. 8 4
Housing,
Debts, exclusion of liability
for repayment of certain loans....... 18 5
Limitation............................. 18 4
Public corporations, liability for
repayment of state loans............. 18 5
Legislative power to limit............. 8 12
Limitations on......................... 8 2,4
Needy, authorization for support....... 8 1
Nursing homes--(see "Nursing Homes")
Period for which contracted............ 8 2
Prior valid indebtedness unaffected.... 8 8
Prohibitation against giving
or loaning credit.................... 8 1
Public corporations, inclusion
of indebtedness...................... 8 3
Restrictions........................... 8 2,4
School districts, certain, exclusion... 8 4
Sewage facilities, exclusion of
indebtedness from limitation......... 8 2-a,5
Inferior courts (see "Inferior Courts").
Joint municipal facilities or services
Agreements, power to make.............. 9 1(c)
Cost, apportionment thereof............ 9 1(c)
Indebtedness, joint or several,
may be contracted therefor........... 8 1
Municipalities may join
together to provide.................. 8 1
Taxes and charges may be
imposed therefor..................... 8 1
Justices of the peace (see "Justices
of the Peace").
Legislation to apply alike to
all cities............................. 9 2(b)
Legislative body,
Adoption and amendment of
local laws........................... 9 1(a)
Composition and membership, local
laws to provide therefor............. 9 2(c)
Request to legislature for
passage of special laws.............. 9 2(b)
Legislators ineligible for certain
civil appointments..................... 3 7
-- 115 --
INDEX
Art. Sec.
Legislature may confer and
withdraw powers........................ 9 2(b)
Loans,
Legislature to restrict powers......... 8 12
Money or credit, private
purposes prohibited.................. 8 1
Loans of credit, legislature
to restrict powers..................... 8 12
Local laws, power to adopt and amend..... 9 1(a),2(c)
Lotto, power to authorize................ 1 9
Magistrate's courts, abolished........... 6 35(a)
Municipalities (see "Municipalities").
New York City (see "New York City").
Officers,
Appointment and removal................ 9 2(c)
Compensation, power to fix............. 9 2(c)
Election............................... 13 8
Local laws concerning,
power to adopt....................... 9 1(a)
Organization, legislature to provide..... 9 2(a)
Orphan asylums, authorization
for maintenance........................ 8 1
Pension or retirement system,
bonds, exclusion from debt
limitation............................. 8 5
Pledge of faith and credit,
Low rent housing projects.............. 18 4
Payment of indebtedness................ 8 2
Police officers, retired, pensions
may be increased..................... 8 1
Political subdivisions (see "Political
Subdivisions").
Poor, authorization of indebtedness
for support............................ 8 1
Populations for registration
purposes, latest census
controlling, exception................. 2 5
Private agencies, payments to............ 8 1
Private property, taking for
public use............................. 1 7
....................................... 9 1(e)
Property, affairs and government,
Legislature, restrictions.............. 9 2(b)
Power to adopt and amend
local laws affecting................. 9 2(c)
Authorization for local law
not affecting...................... 9 2(a)
Public corporations,
Creation of indebtedness prohibited
without consent of city.............. 8 3
-- 116 --
INDEX
Art. Sec.
Real estate subject to
taxes and assessments................ 8 3
State loans thereto, liability of
city................................. 18 5
Supervision of accounts by
comptroller.......................... 10 5
Public improvements,
Exclusion of indebtedness in
computing debt limitations .......... 8 5
Revenues of certain, application
and use.............................. 8 10-a
Water supply, restrictions
inapplicable......................... 8 10-a
Public officers,
Election and term...................... 9 2(c)
Salary, compensation or working
conditions, local law affecting...... 9 2(c)
Public works, hours and wages.......... 1 17
..................................... 13 14
Real estate taxes,
Education purposes, exclusion from
limitation in certain cities......... 8 10
Limitation on amount................... 8 10
Reformatory institutions, payments to.... 8 1
Refunding indebtedness, conditions....... 8 2
Registration of voters,
Permanent system, authorization........ 2 6
Qualifications......................... 2 5
Request to legislature for passage
of special laws........................ 9 2(c)
Retirement systems,
Bonds, exclusion from
debt limitation...................... 8 5
Local laws affecting certain,
prohibited........................... 9 3(a)
Revenue producing service, exclusion
of indebtedness from limitation........ 8 5
Safety, protection of employees,
adoption of local laws................. 9 2(c)
Salaries of employees, etc.,
Power to adopt and amend
local laws........................... 9 2(c)
Regulation by legislature.............. 13 14
Sale or lease of excess lands............ 9 1(e)
School districts, indebtedness,
exclusion from debt
limitation of certain.................. 8 4
Schools and school systems,
legislative power...................... 9 3(a)
Senate districts, formation,
-- 117 --
INDEX
Art. Sec.
blocks not to be divided............... 3 4
Services, joint or cooperative,
contracts.............................. 9 1(c)
Sewage facilities, exclusion of
indebtedness from debt limitation...... 8 2-a,5
Sewage systems,
Common or excess, legislature
may authorize........................ 8 2-a
Indebtedness, exclusion from
debt limitation...................... 8 2-a
Revenues, restrictions on use.......... 8 2-a
Special elections, public corporations,
approval of grant of
certain powers......................... 10 5
Special laws prohibited, legislature
to pass general laws, exception........ 9 2(b)
Stocks, ownership in private
corporations prohibited................ 8 1
Streets, power to adopt and
amend local laws....................... 9 2(c)
Subcontractors, employees, thereof,
laws for protection.................... 9 2(c)
..................................... 13 14
Taxes,
Amount to be raised by
real estate, limited................. 8 10
Exclusion of certain expenditures.... 8 11
Capital expenditures, exclusion
from tax limitation.................. 8 11
Education purposes, exclusion
from tax limitation.................. 8 10
Expenditures, certain, exclusion
from tax limitation.................. 8 11
Legislative power to limit............. 8 12
Power to adopt and
amend local laws..................... 9 2(c)
Real property, limitation
on taxation.......................... 8 10-12
Valuation limiting indebtedness........ 8 4
Terms of office, power to adopt
and amend local laws................... 9 2(c)
Transfer of function and duties,
Alternative form of county
government, election................. 9 1(h)
Legislature may provide therefor....... 9 1(h)
Transit facilities, power to
enact local laws....................... 9 2(c)
Utilities, public, fair returns
on value of property................... 9 1(f)
Wages of employees, etc.,
-- 118 --
INDEX
Art. Sec.
Adoption and amendment of local laws... 9 2(c)
Regulation by legislature.............. 13 14
Water Supply,
Common or excess, legislature
may authorize........................ 8 2-a
Indebtedness, exclusion from
limitation........................... 8 2
Revenues, restrictions on
use inapplicable..................... 8 10-a
Water, public utility, fair return
on value of property................... 9 1(f)
Welfare services for children,
authorization.......................... 8 1
Working conditions of employees, etc.,
Local laws may provide therefor........ 9 2(c)
Regulation by legislature.............. 13 14
CITIZENS:
Bill of rights........................... 1 1-18
Disfranchisement prohibited, exception... 1 1
Religious worship, right guaranteed...... 1 3
Rights and privileges guaranteed,
exception.............................. 1 1
Speech and press, liberty of............. 1 8
Voters, qualifications................... 2 1
CITIZENSHIP (see specific offices).
CITY COMPTROLLER:
Public corporation, supervision of
accounts............................... 10 5
CITY COURT, NEW YORK CITY:
Abolished................................ 6 35(a)
Actions and proceedings, transferred
to city-wide court of civil
jurisdiction........................... 6 35(e)
Appeals, where taken..................... 6 35(m)
Documents, disposal thereof.............. 6 35(a)
Judges, to be judges of city-wide court
of civil jurisdiction for remainder
of term................................ 6 35(c)
Papers, disposal thereof................. 6 35(a)
Personnel, non-judicial, assigned to
certain courts......................... 6 35(1)
Records, disposal thereof................ 6 35(a)
Seal, disposal thereof................... 6 35(a)
CITY COURTS, OUTSIDE CITY OF NEW YORK:
Actions and proceedings,
County courts, concurrent
jurisdiction......................... 6 11(a)
Transfer therefrom..................... 6 19(c,i)
Appeals,
Appellate term......................... 6 8(e), 11(d),
-- 119 --
INDEX
Art. Sec.
..................................... 35(m)
County court........................... 6 11(d), 35(m)
Continuation........................... 6 17(a)
County courts,
Actions and proceedings,
Concurrent jurisdiction............ 6 11(a)
Transfer thereto................... 6 19(c)
Appeals.............................. 6 11(d)
Court system of state, unified,
included therein..................... 6 1(a)
Discontinuance, power of legislature... 6 17(b)
Expenses of court...................... 6 29(a-d)
Judgment or order, appeals to
county court......................... 6 11(d)
Judges (see also "Judges and Justices"),
Assignment, temporary................ 6 26(j)
Classification....................... 6 17(d)
Duties............................... 6 17(d)
Number............................... 6 17(d)
Qualifications....................... 6 20(c)
Removal for cause.................... 6 22(i)
Restrictions......................... 6 20(c)
Retirement for disability............ 6 22(i)
Selection............................ 6 17(d)
Terms................................ 6 17(d)
Vacancies, method of filling......... 6 17(d)
Jurisdiction........................... 6 17(a)
Mandates, service and execution........ 6 1(c)
Practice and procedure................. 6 17(b)
Processes, service and execution....... 6 1(c)
Regulation............................. 6 17(b)
Supreme court may transfer actions or
proceedings pending therein to
county court......................... 6 19(c)
Warrants, service and execution........ 6 1(c)
CITY ELECTIONS (see "Cities," "Elections").
CITY OF NEW YORK (see "Cities," "New York
City")
CITY-WIDE COURTS, NEW YORK CITY:
Civil jurisdiction,
Actions and proceedings,
Abolished courts, transfer therefrom. 6 35(e)
Transfer therefrom, to certain
courts............................. 6 19(f,h)
Transfer thereto, from certain
courts............................. 6 19(d,e)
City court of the city of New York
abolished, actions and proceedings
transferred therefrom.................. 6 35(e)
Counterclaims, jurisdiction to enter
-- 120 --
INDEX
Art. Sec.
judgment, unlimited.................. 6 15(b)
Court of record........................ 6 1(b)
Court system of state, unified,
included therein................... 6 1(a)
Establishment, duty of legislature..... 6 1(a), 15(a)
Equity jurisdiction, as provided by law 6 15(b)
Expenses of court...................... 6 29(a-d)
Judges,
Age limit............................ 6 25(b)
Armed forces, eligibility to serve... 6 20(b)(1)
Assignment, temporary,
From certain courts................ 6 26(c,e,f,h)
To certain courts.................. 6 26(g)
City court of the city of New York
abolished, judges to be judges of
city-wide court of civil
jurisdiction for remainder of terms.... 6 35(c)
Compensation............................. 6 25(a)
Constitutional convention,
eligibility to serve................... 6 20(b)(1)
Duties................................. 6 26(g)
Election............................... 6 15(a)
Eligibility............................ 6 20(a)
Law, prohibition against practice...... 6 20(b)(4)
Military service permitted............. 6 20(b)(1)
Municipal court of the city of New
York abolished, judges to be judges
of city-wide court of civil
jurisdiction for remainder of terms.. 6 35(c)
Number................................. 6 15(a)
Political organization, prohibition
against holding office therein....... 6 20(b)(3)
Public office, prohibition against
holding.............................. 6 20(b)(1)
Qualifications......................... 6 20(a)
Removal for cause,
Appellate division................... 6 22(i)
Senate, on recommendation of
governor............................. 6 23(b)
Residence in New York city required.... 6 15(a)
Restrictions........................... 6 20(b)(1-4)
Retirement,
Age.................................. 6 25(b)
Disability........................... 6 22(i)
Term................................. 6 15(a)
Vacancies.............................. 6 21(c)
Jurisdiction and powers.............. 6 15(b)
Local legislative body and mayor
may request merger with city-wide
court of criminal jurisdiction..... 6 1(a),15(a)
-- 121 --
INDEX
Art. Sec.
Mandates, service and execution...... 6 1(c)
Mayor and local legislative body may
request merger with city-wide
court of criminal jurisdiction..... 6 1(a),15(a)
Merger with city-wide court of
criminal jurisdiction authorized.... 6 1(a),15(a)
Municipal Court of the city of
New York abolished, actions and
proceedings, transferred
therefrom.......................... 6 35(e)
Processes, service and execution..... 6 1(c)
Warrants, service and execution.... 6 1(c)
Criminal jurisdiction,
Actions and proceedings,
Abolished courts, transfer therefrom... 6 35(f)
Transfer therefrom, to certain courts 6 19(f,h)
Transfer thereto, from certain courts 6 19(d,e)
Court of record........................ 6 1(b)
Court system of state, unified, included
therein.............................. 6 1(a)
Establishment, duty of legislature..... 6 1(a),15(a)
Expenses of court...................... 6 29(a-d)
Judges,
Age limit............................ 6 25(b)
Appointment, by mayor................ 6 15(a)
Armed forces, eligibility to serve... 6 20(b)(1)
Assignment, temporary,
From certain courts................ 6 26(c,e,f,h)
To certain courts.................. 6 26(g)
Compensation......................... 6 25(a)
Constitutional convention,
eligibility to serve............... 6 20(b)(1)
Court of special sessions of the city
of New York abolished, judges to be
judges of city-wide court of
criminal jurisdiction for
remainder of terms................. 6 35(d)
Duties............................... 6 26(g)
Eligibility.......................... 6 20(a)
Law, prohibition against practice.... 6 20(b)(4)
Magistrates' courts of the city of
New York abolished, judges to be
judges of city-wide court of
criminal jurisdiction for
remainder of terms............... 6 35(d)
Military service, permitted.......... 6 20(b)(1)
Number............................... 6 15(a)
Political organization, prohibition
against holding office therein..... 6 20(b)(3)
Public office, prohibition against
-- 122 --
INDEX
Art. Sec.
holding............................ 6 20(b)(1)
Qualifications....................... 6 20(a)
Removal for cause,
Appellate division................. 6 22(i)
Senate............................. 6 23(b)
Residence in New York city required.. 6 15(a)
Restrictions......................... 6 20(b)(1-4)
Retirement,
Age................................ 6 25(b)
Disability......................... 6 22(i)
Terms................................ 6 15(a)
Vacancies............................ 6 21(c)
Jurisdiction........................... 6 15(c)
Local legislative body and mayor may
request merger with city-wide court
of civil jurisdiction................ 6 1(a), 15(a)
Magistrates' courts of the city of New
York abolished, actions and
proceedings, transferred therefrom... 6 35(f)
Mandates, service and execution........ 6 1(c)
Mayor and local legislative body may
request merger with city-wide court
of civil jurisdiction................ 6 1(a), 15(a)
Merger with city-wide court of civil
jurisdiction, authorized............. 6 1(a), 15(a)
Processes, service and execution....... 6 1(c)
Special sessions court of the city of
New York abolished, actions and
proceedings, transferred therefrom... 6 35(f)
Warrants, service and execution........ 6 1(c)
CIVIL ACTIONS:
Appeals, court of appeals, jurisdiction.. 6 3(a)
Change of venue by private or local
bill prohibited........................ 3 17
Due process of law guaranteed............ 1 6
Jury trial,
Guaranty............................... 1 2
Verdict by five-sixths jury,
authorization........................ 1 2
Waiver................................. 1 2
CIVIL DEPARTMENTS OF STATE (see also
"State Departments", and specific
state departments):
Consolidation by legislature............. 5 3
Division of state government............. 5 2
General provisions....................... 5 1-7
Heads of departments..................... 5 4
Names thereof may be changed by
legislature............................ 5 2
Number thereof not to exceed twenty...... 5 2
-- 123 --
INDEX
Art. Sec.
Powers, increase, modification or
diminution............................. 5 3
Reduction of number by legislature....... 5 3
CIVIL DIVISIONS OF STATE (see also
specific titles):
Acquisition of properties of public
corporation............................ 10 5
Employees,
Civil service appointments and
promotions........................... 5 6
Membership in retirement system,
benefits not to be impaired.......... 5 7
Veterans, preference................... 5 6
Welfare and safety..................... 13 14
Municipalities (see "Municipalities").
Political subdivisions (see "Political
Subdivisions").
Public corporations, non-liability on
obligations............................ 10 5
CIVIL RIGHTS:
Discrimination on account of race,
color, etc. prohibited................. 1 11
CIVIL SERVICE:
Appointments and promotions.............. 5 6
Constitutional provisions, legislature
to enact laws for enforcement.......... 5 6
Membership in pension systems, benefits
not to be impaired..................... 5 7
Preferences and credits of veterans and
disabled veterans...................... 5 6
CIVIL SERVICE, DEPARTMENT OF:
Head of department, appointment and
removal................................ 5 4
CLAIMS AGAINST STATE (see also "Court of
Claims"):
Allowance and payment.................... 3 19
Audit or allowance not to be made by
legislature............................ 3 19
Barred by lapse of time, allowance
prohibited............................. 3 19
Bills releasing etc., three-fifths
quorum required........................ 3 23
Claimants under legal disability, time
for filing............................. 3 19
Claims duly presented, effect of
constitutional provision............... 3 19
Manner of trial, actions and proceedings. 6 18(b)
CLERK OF COUNTIES (see "Counties,"
"County Clerks").
CLERKS OF COURT (see also specific courts):
-- 124 --
INDEX
Art. Sec.
County clerks to be clerks of supreme
court.................................. 6 6(e)
Court of appeals, appointment and removal 6 2(a)
Supreme court,
Appellate divisions, appointment and
removal.............................. 6 4(i)
Court clerks to be clerks thereof...... 6 6(e)
New York city, counties in, power of
county clerks........................ 9 5
COLLECTIVE BARGAINING:
Labor, right of.......................... 1 17
COLONY OF NEW YORK:
Congress, resolutions constituting law
of state............................... 1 14
Law of state, legislative acts, parts
constituting........................... 1 14
COLOR:
Discrimination in civil rights prohibited 1 11
COMMERCE:
Labor of human beings not commodity
nor article of......................... 1 17
COMMERCE, DEPARTMENT OF:
Head, appointment and removal............ 5 4
COMMISSIONER OF DEEDS:
Member of legislature, no disqual-
ification for appointment.............. 3 7
COMMISSIONER OF EDUCATION (see also
"Education, Department of"):
Appointment and removal.................. 5 4
COMMISSIONS (see "State Commissions").
COMMODITY:
Labor of human beings not to be
considered............................. 1 17
COMMON COUNCIL:
Division of certain counties into
assembly districts..................... 3 5
COMMON LAW:
Continuance, exception................... 1 14
Law of state, parts constituting......... 1 14
COMMON SCHOOLS (see "Education,"
"Schools").
COMMUNICATIONS:
Interceptions, warrants.................. 1 12
Telephone and telegraph, freedom
against unreasonable interceptions..... 1 12
COMMUTATIONS OF SENTENCES:
Communication of each case to
legislature by governor................ 4 4
Governor, power to grant, exceptions..... 4 4
Treason, power of legislature to grant
-- 125 --
INDEX
Art. Sec.
after conviction....................... 4 4
COMPENSATION (see also specific officers):
Assembly members......................... 3 6
Constitutional convention, delegates..... 19 2
Constitutional officers,
Establishment by law, where not fixed
by constitution...................... 13 7
Fees and other perquisites of office,
not to receive....................... 13 7
Increase or decrease during term
prohibited........................... 13 7
State officers, fixed salary, not to
receive additional compensation...... 13 7
Court on the judiciary, members, no
additional............................. 6 22(h)
Eminent domain (see "Eminent Domain").
Governor................................. 4 3
Judges and justices, certain, establish-
ment by law............................ 6 25(a)
Not to be diminished during term....... 6 25(a)
Judicial officers, retired for disability,
right to receive....................... 6 22(c)
Lieutenant-governor...................... 4 6
Private property, when taken for
public use............................. 1 7
Public employees......................... 9 2(c)
....................................... 13 14
Public officers,
Taxation, subject to................... 16 5
Senators................................. 3 6
State officers, not to be changed
during term............................ 13 7
COMPTROLLER (see "City Comptroller,"
"State Comptroller").
CONDEMNATION (see "Eminent Domain").
CONSCIENCE, LIBERTY OF:
Guaranty................................. 1 3
CONSERVATION:
Forest preserve lands,
Arietta, town of, exchange............. 14 1
Exchange of certain, authorized........ 14 1
Federal aid interstate highway, use of
portion authorized................... 14 1
Lease or sale prohibited............... 14 1
Prohibitions not to apply to certain
counties............................. 14 3
Reservoirs............................. 14 2
Saranac Lake, village of, exchange..... 14 1
State construction, authorization of
certain.............................. 14 1
-- 126 --
INDEX
Art. Sec.
Timber not to be cut or removed........ 14 1
General provisions relating to........... 14 1-4
Legislature, acquisition of land or
forest and wild life conservation...... 14 3
Violations, restrain, injunction......... 14 4
Wild life and reforestation, state policy 14 3
CONSERVATION, DEPARTMENT OF:
Head, appointment and removal............ 5 4
CONSTITUTION:
Common law, repugnant colonial and
statutury laws and resolutions
abrogated.............................. 1 14
Effective date........................... 20 1
Employees, health and safety, legisla-
tive power to enact laws unlimited..... 1 18
Preamble.................................
Workers' compensation, legislative
power to enact laws unaffected......... 1 18
CONSTITUTIONAL AMENDMENTS (see also
"Constitutional Convention"):
Approval by people, when to become
effective.............................. 19 1
Assembly, proposal....................... 19 1
Attorney-general, opinion as to effect of
proposal............................... 19 1
Failure to give opinion not to affect
validity............................. 19 1
Coincidental submission by convention
and legislature........................ 19 3
Convention for revision and amendment,
Delegates, compensation, expenses
and election......................... 19 2
Employees and assistants............... 19 2
Place of holding....................... 19 2
Powers................................. 19 2
Provision for.......................... 19 2
Quorum................................. 19 2
Senate districts, election
of delegates........................... 9 2
Vacancy................................ 19 2
Election,
Submission,
Amendment or revision................ 19 2
Question of holding convention....... 19 2
Future constitutional conventions........ 19 2
Legislature, action by................... 19 1
Proposal, publication.................... 19 1
Senate, proposal......................... 19 1
Submission to people for approval........ 19 1
-- 127 --
INDEX
Art. Sec.
Time for taking effect................... 19 1,2
CONSTITUTIONAL CONVENTION (see also
"Constitutional Amendments"):
Amendments, coincidental submission by
convention and legislature, effect..... 19 3
Delegates, election, compensation,
expenses............................... 19 2
Employee and assistants.................. 19 2
Future conventions, submission of
question............................... 19 2
Judges and justices, eligibility for
service as members..................... 6 20(b)(1)
Submission to people of amendments
proposed............................... 19 2
Time and place for holding............... 19 2
Vacancy in membership, how filled........ 19 2
CONTRACTORS:
Employees,
Local governments, power to enact local
laws for protection.................. 9 2(c)
Safety and welfare, legislative power.. 13 14
CONTRIBUTIONS:
New York city sinking fund, payment of
indebtedness........................... 8 2
State sinking funds...................... 7 15
Appropriations......................... 7 16
CONTRIBUTORY NEGLIGENCE:
Workers' compensation for injuries
without regard to, exceptions.......... 1 18
CONVENTION (see "Constitutional
Amendments" and "Constitutional
Convention").
CONVENTION OF STATE OF NEW YORK:
Resolutions constituting law of state.... 1 14
CONVICTS (see also "Prisons"):
Contract system of labor abolished....... 3 24
Maintenance and support, legislature to
provide................................ 17 5
Occupation and employment, legislature
to provide............................. 3 24
CORPORATIONS (see also "Public
Corporations"):
Actions, right to sue, subject to suit... 10 4
Alteration or repeal of general or
special laws authorized................ 10 1
Definition............................... 10 4
Dues, how secured........................ 10 2
Exclusive privilege or franchise not to
be granted by private or local bill.... 3 17
Exemption from taxation by private or
-- 128 --
INDEX
Art. Sec.
local bill prohibited.................. 3 17
Formation, special acts prohibited,
exception.............................. 10 1
General provisions relating to........... 10 1-6
Joint stock companies, inclusion in
definition............................. 10 4
Low rent housing,
Grant of power of eminent domain
authorized........................... 18 2
Loans authorized....................... 18 2
Repayment of state debts therefor in
equal annual amounts................. 18 3
Nursing homes, accommodations for persons
of low income, loans authorized........ 18 2
Railroad tracks, right to lay down, not
to be granted by private or local bill. 3 17
Savings banks (see "Savings Banks").
Special laws, not to be created by,
exception.............................. 10 1
Stocks and bonds, ownership by
municipalities prohibited.............. 8 1
Taxation, discrimination against
corporations organized under federal
laws prohibited........................ 16 4
CORRECTION, DEPARTMENT OF:
Head of department,
Appointment and removal................ 5 4
Chairperson, state commission of
correction........................... 17 5
CORRECTIONAL INSTITUTIONS (see also
"Prisons," "Reformatories"):
Municipalities, authorization of
indebtedness for maintenance........... 8 1
State board of social welfare,
visitation and inspection.............. 17 2
COUNCIL (see "Common Council").
COUNSEL (see "Criminal Actions").
COUNTERCLAIM:
City-wide court of civil jurisdiction,
New York city, jurisdiction unlimited.. 6 15(b)
County courts, jurisdiction unlimited.... 6 11(c)
COUNTIES (see also "Municipalities"):
Abolition of offices, alternative form of
government may provide................. 9 2(h)
Action to compel setting apart of
revenues for payment of indebtedness... 8 2
Acquisition of property, local laws
relating thereto....................... 9 2(c)
Additional surrogate, legislature may
provide................................ 6 12(a)
-- 129 --
INDEX
Art. Sec.
Adoption and amendment of local laws..... 9 1(a), 2(c)
Agreements, authorization for certain
relating to services, etc.............. 9 1(c)
Alternative form of government,
Abolition of units of government....... 9 1(h)
Certain changes subject to local
referendum........................... 9 1(h)
Effective date of certain acts of
legislature.......................... 9 1(h)
Elective body, changes in form or
composition.......................... 9 1(h)
Elective officers...................... 9 1(h)
Functions of local governments,
transfer............................. 9 1(h)
Local option........................... 9 1(h)
Provision by legislature, exception.... 9 1(h)
Structure and manner of functioning.... 9 1(h)
Transfer of local government functions,
when effective....................... 9 1(h)
Voting or veto power changes........... 9 1(h)
When to become operative............... 9 1(h)
Annexation of territory, procedure....... 9 1(d)
Appointment, officers not provided for by
constitution........................... 9 1(b)
Appropriations, payment of interest and
amortization on indebtedness........... 8 2
Assembly districts, formation, when and
by whom made........................... 3 5
Assembly member, each county entitled
to one, exception...................... 3 5
Assembly member, apportionment........... 3 5
Assessments, duty of legislature to
restrict............................... 8 12
Board of supervisors,
Division of county into assembly
district............................. 3 5
Election of members by private or
local bill prohibited................ 3 17
Bonds,
Ownership in private corporation or
association prohibited............... 8 1
Pension or retirement system, serial
bonds, exclusion from indebtedness... 8 5
Borrowing, duty of legislature to
restrict............................... 8 12
Bribery, expenses of investigation or
prosecution............................ 13 13(b)
Capital improvements, taxes, exclusion
from tax limitation.................... 8 11
Certificates of indebtedness, exclusion
-- 130 --
INDEX
Art. Sec.
from debt limitation................... 8 5
Charitable institutions, payments to..... 8 1
City including county, powers of local
government vested in city.............. 9 2(c)
Civil service............................ 5 6
Claims against, power to adopt and amend
local laws............................. 9 2(c)
Clerks of counties (see also "County
Clerks"),
Grand and petit jurors, powers
governing............................ 13 13(a)
Powers and duties as clerks of
supreme court........................ 6 6(e)
Supreme court, to be clerks............ 6 6(e)
Term of office......................... 13 13(a)
Condemnation of property................. 1 7
....................................... 9 1(e)
Contractors, power to adopt and amend
local laws for protection of
employees.............................. 9 2(c)
Safety and welfare of employees,
regulation by legislature............ 13 14
Correctional institutions (see also
"Correctional Institutions"),
Authorization of indebtedness for
maintenance.......................... 8 1
Privately-operated, public funds....... 8 1
County courts (see "County Courts").
County judges (see "County Courts").
County officers, manner of choosing when
not provided by constitution........... 9 1(b)
County seat, locating or changing by
private or local bill prohibited....... 3 17
Dependent children, maintenance,
indebtedness........................... 8 1
District attorney (see "District
Attorney").
Division by legislature, power unaffected
by restrictions on creation of assembly
districts.............................. 3 5
Drainage systems,
Common or excess, legislature may
authorize............................ 8 2(a)
Indebtedness, exclusion from debt
limitation........................... 8 2(a)
Revenues, restrictions on use.......... 8 2(a)
Education, authorization of indebtedness. 8 1
Elections (see also "Elections"),
Alternative form of county government.. 9 1(h)
County included in city................ 13 8
-- 131 --
INDEX
Art. Sec.
Officers in county included in city.... 13 8
Time for election.................... 13 8
Electric utility, fair return on value
of property............................ 9 1(b)
Eleemosynary institutions, payments to... 8 1
Eminent domain, authorization............ 9 1(e)
Employees,
Civil service appointments and
promotions........................... 5 6
Legislature may protect safety and
welfare.............................. 13 14
Membership in retirement system,
benefits not to be impaired.......... 5 7
Veterans' preferences and credits in
civil service........................ 5 6
Erection of new, prohibition against,
exception.............................. 3 5
Evidence of indebtedness, exclusion in
computation of tax limitations......... 8 5
Excess taking of lands, sale or lease.... 9 1(e)
Executive officer, consent for enactment
by legislature of local laws, when not
required............................... 9 2(b)
Expenditures, certain, exclusion from
tax limitation......................... 8 11
Family homes, maintenance, authorization
for indebtedness....................... 8 1
Finance (see also "Indebtedness" under
"Counties"),
Fire fighters, retired, pensions may be
increased.............................. 8 1
Fiscal officer, payment of indebtedness
setting apart money.................... 8 2
Form of government, legislature to
provide................................ 9 1(h)
Formation of senate district, prohibition
against division, exception............ 3 4
Gas utility, fair return on value of
property............................... 9 1(f)
Gift of money or credit for private
purposes prohibited.................... 8 1
Governmental function, apportionment of
costs, authorization................... 9 1(g)
Governor, certificate of necessity to
legislature for enactment of local laws 9 2(b)
Health service for children, indebtedness 8 1
Hours of labor, power to regulate by
local law.............................. 9 2(c)
Improvement districts,
Creation, authorization................ 8 3
-- 132 --
INDEX
Art. Sec.
Indebtedness, inclusion and exclusion
in computing limitation................ 8 3
Indebtedness,
Advances to town or school district for
unpaid taxes, authorization.......... 8 1
Authorization for support of needy..... 8 1
County lying within,
Cessation of power to contract....... 8 9
Exclusion from city indebtedness..... 8 9
Debts excluded in computing limitation. 8 5
Legislative power to limit............. 8 12
Limitations............................ 8 2,4
Period for which contracted............ 8 2
Prior valid, unaffected by constitution 8 8
Joint municipal facilities or services,
Municipalities may join together to
provide.............................. 8 1
Indebtedness, joint or several, may be
contracted therefor.................. 8 1
Taxes and charges may be imposed
therefor............................. 8 1
Laws to be general, exceptions........... 9 2(b)
Legislative power over (see "Power to
Legislature" under "Counties"),
Legislature to provide alternative forms
of government.......................... 9 1(h)
Loans,
Money or credit for private purposes
prohibited........................... 8 1
Villages in anticipation of taxes,
authorization........................ 16 2
Local laws,
Enactment upon certificate of necessity 9 2(b)
Executive officer, effect of
disapproval or failure to sign
request............................ 9 2(b)
Restrictions........................... 9 2(c)
New York City,
Abolition of county offices............ 13 13(c)
Assignment of functions on abolition
of office............................ 13 13(c)
District attorney, election and removal 13 13(a)
Election of officers................... 13 8
Legislative power over................. 13 13(c)
Term of office of certain county
officers............................. 13 13(a)
Transfer of functions to city officers,
etc.................................. 13 13(c)
Officers (see also "Public Officers"),
Compensation, power to fix by local law 9 2(c)
-- 133 --
INDEX
Art. Sec.
Counties in city of New York, abolition
of offices........................... 13 13(c)
Election,
Counties included in city, time...... 13 8
Not provided for by constitution..... 9 1(b)
Term and time of certain............. 13 8
Removal by governor of certain......... 13 13(a)
Organization and government, legislature
to provide............................. 9 2(a)
Orphan asylums, maintenance, authorization
of indebtedness........................ 8 1
Pension systems, bonds, exclusion from
debt limitation........................ 8 5
Pledge of faith and credit for payment
of indebtedness........................ 8 2
Improvement district................... 8 3
Police officers, retired, pensions may
be increased........................... 8 1
Poor, support, authorization of
indebtedness........................... 8 1
Private agencies, payment to............. 8 1
Private property, taking for public use.. 1 7
....................................... 9 1(e)
Property affairs and government,
Legislature, restrictions.............. 9 2(b)
Power to adopt and amend local law
affecting............................ 9 2(c)
Authorization for local laws not
affecting.......................... 9 2(c)
Property, sale or lease of excess lands.. 9 1(e)
Public improvements and services,
Exclusion of indebtedness in computing
debt limitation...................... 8 5
Revenues of certain, application
and use.............................. 8 10(a)
Water supply, restrictions
inapplicable......................... 8 10(a)
Public officers (see "Officers" under
"Counties"),
Public work, hours and wages.............. 1 17
...................................... 13 14
Reformatory institutions, payments to.... 8 1
Refunding indebtedness, conditions....... 8 2
Register (see "County Registers"),
Request to legislature for passage of
special laws........................... 9 2(c)
Retirement system, bonds, exclusion from
debt limitation........................ 8 5
Revenue producing service, exclusion
from debt limitation................... 8 5
-- 134 --
INDEX
Art. Sec.
Senate districts, counties comprising.... 3 3
Senators, additional, limitations on
number................................. 3 4
Services, joint or cooperative, contracts 9 1(c)
Sewage systems,
Common or excess, legislature may
authorize............................ 8 2(a)
Indebtedness, exclusion from debt
limitation........................... 8 2(a)
Revenues, restrictions on use.......... 8 2(a)
Sheriffs (see "Sheriffs"),
Special surrogate (see "Surrogates"),
Social welfare board, visitation and
inspection of institutions............. 17 2
stock, ownership in private corporation
or association prohibited.............. 8 1
Streets, power to adopt and amend local
laws................................... 9 2(c)
Surrogates (see "Surrogates"),
Taxes,
Exclusion from limitation on real
property tax......................... 8 11
Legislature,
Method of increasing limit, right
to prescribe......................... 8 10
Power to restrict futher............... 8 10, 12
Limitation of taxes on real
property........................... 8 10, 12
Amount limited..................... 8 10
Real property, limitation.............. 8 10, 12
Valulation limiting indebtedness..... 8 4
Transfer of functions and duties,
legislature may provide................ 9 1(h)
Utilities, fair return on value of
property............................... 9 1(f)
Village taxes, advancements.............. 16 2
Wages of employees, etc,
Adoption and amendment of local
laws................................. 9 2(c)
Regulation by legislature.............. 13 14
Water, public utility, fair return on
value of property...................... 9 1(f)
Water supply,
Common or excess, legislature may
authorize............................ 8 2(a)
Indebtedness, exclusion from debt
limitation........................... 8 2(a), 5
Revenues, restrictions on use
inapplicable......................... 8 10(a)
Welfare service for children,
-- 135 --
INDEX
Art. Sec.
authorization of indebtedness.......... 8 1
Working conditions of employees, etc.,
local law may provide therefor......... 9 2(c)
COUNTY CLERKS:
Counties in the city of New York,
Appointment and removal................ 13 13(a)
Powers and duties...................... 13 13(a)
Election............................. 13 8
Time................................... 13 8
Hearing on charges for removal........... 13 13(a)
New York city,
Appointment and removal................ 13 13(a)
Assignment of powers and duties
to city officers..................... 13 13(c)
Office not to be abolished by
local law............................ 13 13(c)
Powers and duties........................ 13 13(a)
Removal from office, charges,
hearing................................ 13 13(a)
Supreme court, powers and duties
as clerks.............................. 13 13(a)
Service as clerks...................... 6 6(e)
Term of office........................... 13 8
Vacancies................................ 13 13(a)
COUNTY COURTS:
Actions and proceedings,
Pending therein on effective
date of article,
Continuation and transfer............ 6 36
To hear and determine.................. 6 34(a)
Transfer therefrom, to certain
courts.............................. 6 19(b,h)
Transfer thereto, from certain
courts............................... 6 19(c,d,e)
Appeals,
Pending therein on effective
date of article,
Continuation and transfer............ 6 36
To hear and determine................ 6 34(a)
Right thereto, certain cases........... 6 35(m,n)
Appellate division, power to establish
separate divisions thereof............. 6 11(b)
Bronx county (see also "Bronx County"),
County court, abolished................ 6 35(a)
Actions and proceedings transferred
to supreme court................... 6 35(b)
Judges, to be justices of supreme
court for remainder of terms......... 6 6(d),35(b)
Continuation of existing, in
counties outside New York city......... 6 10(a)
-- 136 --
INDEX
Art. Sec.
Counterclaim, jurisdiction to enter
judgment, unlimited.................... 6 11(c)
Court of record.......................... 6 1(b)
Court system of state, unified,
included therein....................... 6 1(a)
Equity jurisdiction.................... 6 11(c)
Expenses of court...................... 6 29(a-d)
Judges (see also "Judges and Justices"),
Additional........................... 6 10(a)
Age limit............................ 6 25(b)
Armed forces, eligibility to serve... 6 20(b)(1)
Assignment, temporary,
From certain courts................ 6 26(e-h)
To certain courts.................. 6 26(c)
Bronx county, judges to become
justices of supreme court for
remainder of terms................. 6 6(d),35(b)
Broome county, office of
special county judge abolished,
judge to be judge of family
court for remainder of term........ 6 35(g)
Chautauqua county, office of special
county judge abolished, judge to
be judge of family court for
remainder of term.................. 6 35(g)
Combination with certain other
judicial offices authorized, outside
New York city...................... 6 14
Compensation....................... 6 25(a)
Constitutional convention,
eligibility to serve............... 6 20(b)(1)
Duties............................... 6 26(c)
Election, how chosen................. 6 10(a)
Eligibility.......................... 6 20(a)
Erie county, office of special county
judge abolished, judge to be
judge of county court until
expiration of term................. 6 34(d)
Jefferson county, office of
special county judge abolished,
judge to be judge of family court
for remainder of term.............. 6 35(g)
Kings county, judges to become
supreme court justices for
remainder of terms................. 6 6(d),35(b)
Law, prohibition against practice..... 6 20(b)(4)
Military service, permitted........... 6 20(b)(1)
Number................................ 6 10(a)
Oneida county, office of special
county judge abolished, judge
-- 137 --
INDEX
Art. Sec.
to be judge of family court for
remainder of term................... 6 35(g)
Political organization, prohibition
against holding office therein...... 6 20(b)(3)
Public office, prohibition against
holding............................. 6 20(b)(1)
Qualifications........................ 6 20(a)
Queens county, judges to become
justices of supreme court for
remainder of term................... 6 6(d),35(b)
Removal for cause,
Court on Judiciary.................. 6 22(a)
Senate.............................. 6 23(b)
Residence............................. 6 10(a)
Restrictions.......................... 6 20(b)(1-4)
Retirement,
Age................................. 6 25(b)
Disability.......................... 6 22(a)
Richmond county, judges to become
justices of supreme court for
remainder of term................... 6 6(d),35(b)
Rockland county, office of special
county judge abolished, judge to be
judge of family court for remainder
of term............................. 6 35(g)
Special county, office abolished...... 6 35(g)
Suffolk county, office of special
county judge abolished, judge to be
judge of county court until
expiration of term.................. 6 34(d)
Term.................................. 6 10(b)
Vacancies............................. 6 21(a)
Jurisdiction and powers................. 6 11(a,c,d)
Kings county (see also "Kings County"),
County court, abolished............... 6 35(a)
Actions and proceedings,
transferred to supreme court...... 6 35(b)
Judges, to be justices of supreme
court for remainder of terms...... 6 6(d),35(b)
Mandates, service and execution......... 6 1(c)
Processes, service and execution........ 6 1(c)
Queens county (see also "Queens County"),
County court, abolished............... 6 35(a)
Actions and proceedings transferred
to supreme court.................. 6 35(b)
Judges, to be justices of supreme
court for remainder of terms...... 6 6(d),35(b)
Richmond county (see also "Richmond
County"),
County court, abolished............... 6 35(a)
-- 138 --
INDEX
Art. Sec.
Actions and proceedings transferred
to supreme court.................. 6 35(b)
Judges, to be justices of supreme
court for remainder of terms...... 6 6(d),35(b)
Separate divisions, power of appellate
division to establish................. 6 11(b)
State-wide court........................ 6 1(a)
Warrants, service and execution......... 6 1(c)
COUNTY OFFICERS (see also "Counties,"
and specific titles):
New York city, abolition of
certain offices......................... 13 13(c)
Removal by governor of certain.......... 13 13(a)
COUNTY REGISTERS:
Charges for removal, hearing............. 13 13(a)
Election................................. 13 13(a)
Hearing on removal charges............... 13 13(a)
Term of office........................... 13 13(a)
Vacancy.................................. 13 13(a)
COUNTY SEAT:
Locating or changing by private
or local bill prohibited............... 3 17
COURT FOR TRIAL OF IMPEACHMENTS
(see "Impeachment").
COURT MARTIAL (see "Militia").
COURT OF APPEALS:
Appeals (see also "Jurisdictions and
powers"),
Cases in which allowed................. 6 3(b)
Pending therein on effective date
of article,
Continuation and transfer.......... 6 36
To hear and determine.............. 6 34(a)
Right thereto, certain cases......... 6 35(m,n)
Certification thereby, to appellate
division of determination on
certified questions.................. 6 3(b)(4)
Certified questions from appellate
division, limitation on review....... 6 3(b)(4)
Civil cases and proceedings,
jurisdiction on appeal............... 6 3(b)(1-8)
Clerk, appointment and removal......... 6 2(a)
Continuation........................... 6 2(a)
Court of record........................ 6 1(b)
Court system of state, unified,
included therein..................... 6 1(a)
Criminal cases, jurisdiction on
appeal............................... 6 3(b)
Expenses of court...................... 6 29(a-d)
Interlocutory judgments, affirmance,
-- 139 --
INDEX
Art. Sec.
reversal or modification........... 6 5(a)
Intermediate orders, affirmance,
reversal or modification........... 6 5(a)
Judges (see also "Judges and
Justices"),
Age limit, exception................... 6 25(b)
Armed forces, eligibility to serve..... 6 20(b)(1)
Associate judges,
Absence or disability,
designation of supreme court
justices to serve.................. 6 2(c)
Additional, certification to governor
of need thereof.................... 6 2(b)
Appointment as chief judge, not to
affect or create vacancy in
office............................. 6 2(c)
Court on judiciary, designation
thereto in certain cases........... 6 22(b)
Designation by governor of supreme
court justices to serve............ 6 2(a,b,c)
Election............................. 6 2(a)
Supreme court justices, service as... 6 2(a,b,c)
Number............................. 6 2(a)
Term................................. 6 2(a)
Vacancy in office, how and when
filled, effect of appointment of
supreme court justices............... 6 2(c)
Chief judge,
Court on the judiciary,
Membership......................... 6 22(b)
Presiding officer.................. 6 22(b)
Right and duty to convene.......... 6 22(d)
Election............................. 6 2(a)
Judicial conference, administrative
board, member thereof.............. 6 28
Term................................. 6 2(a)
Vacancy in office, how and when
filled, effect of appointment of
associate judge or justice of
supreme court...................... 6 2(c)
Compensation........................... 6 25(a)
Concurrence necessary for a decision... 6 2(a)
Constitutional convention,
eligibility to serve................. 6 20(b)(1)
Election and term...................... 6 2(a)
Eligibility to office.................. 6 20(a)
Governor, power to designate justices
of supreme court to serve thereon,
limitation upon...................... 6 2(b)
Law, prohibition against practice...... 6 20(b)(4)
-- 140 --
INDEX
Art. Sec.
Military service, permitted............ 6 20(b)(1)
Number of judges sitting, limitation... 6 2(a)
Political organization, not to hold
office therein....................... 6 20(b)(3)
Public office, prohibition against
holding.............................. 6 20(b)(1)
Qualifications......................... 6 20(a)
Quorum................................. 6 2(a)
Removal for cause,
Court on judiciary................... 6 22(a)
Legislature.......................... 6 23(a)
Restrictions........................... 6 20(b)(1-4)
Retirement,
Age.................................. 6 25(b)
Disability........................... 6 22(a)
Senior associate judge,
Court on judiciary,
Member............................. 6 22(b)
Presiding officer in certain cases. 6 22(b)
Term............................... 6 2(a)
Vacancies.......................... 6 2(c)
Judgments of affirmance, reversal or
modifications, power to render......... 6 5(a)
Jurisdictions and powers,
Civil cases, appeals of right.......... 6 3(b)(1-3)
Constitutional questions, direct
appeal, limitation of review......... 6 3(b)(1,2)
Final decisions of appellate division,
when appeal allowed.................. 6 3(b)(1,6)
Interlocutory decisions of appellate
division............................. 6 3(b)(4,5)
Judgment of death, scope of review..... 6 3(a)
Judgments or orders of reversal or
modification, appeals of right....... 6 3(b)(1)
Legislature, power to abolish certain
appeals.............................. 6 3(b)(8)
Limitation to review of questions of
law, exceptions...................... 6 3(a)
Non-unanimous decisions of appellate
division, appeals of right........... 6 3(b)(1)
Orders of appellate division granting
new trial or hearing, appeal on
stipulation.......................... 6 3(b)(3)
Public officers, appeals in
proceeding affecting................. 6 3(b)(5)
Quorum................................. 6 2(a)
Restrictions........................... 6 3(a)
Reversal or modification on new facts,
unlimited power of review............ 6 3(a)
Review, limitation to questions of law,
-- 141 --
INDEX
Art. Sec.
exceptions........................... 6 3(a)
Right of appeal allowed from court
of original jurisdiction in
certain cases........................ 6 3(b)(2)
Vacancy not to suspend, when quorum
exists............................... 6 2(c)
Legislature, power to abolish appeals
in certain cases....................... 6 3(b)(8)
Limitation to constitutional questions
in certain appeals..................... 6 3(b)(2)
Mandates, service and execution.......... 6 1(c)
New trial or hearing, power to grant..... 6 5(a)
Processes, service and execution......... 6 1(c)
Prohibition against certain appeals
in civil cases......................... 6 3(b)(7)
Warrants, service and execution.......... 6 1(c)
COURT OF CLAIMS:
Actions and proceedings,
Pending therein on effective
date of article,
Continuation and transfer............ 6 36
To hear and determine................ 6 34(a)
Appeals, right thereto, in certain cases
after effective of this of article..... 6 35(m,n)
Claims against state, legislature to
provide manner of trial................ 6 18(b)
Continuation............................. 6 9
Court of record.......................... 6 1(b)
Court system of state, unified,
included therein....................... 6 1(b)
Expenses of court........................ 6 29(a-d)
Judges (see also "Judges and
Justices"),
Age limit.............................. 6 25(b)
Appointment............................ 6 9
Armed forces, eligibility to serve..... 6 20(b)(1)
Assignment, temporary, to supreme court 6 26(b)
Compensation........................... 6 25(a)
Constitutional convention, eligibility
to serve............................. 6 20(b)(1)
Duties................................. 6 26(b)
Eligibility............................ 6 20(a)
Governor to appoint.................... 6 9
Law, prohibition against practice...... 6 20(b)(4)
Military service, permitted............ 6 20(b)(1)
Number................................. 6 9
Political organization, prohibition
against holding office therein....... 6 20(b)(3)
Public office, prohibition against
holding.............................. 6 20(b)(1)
-- 142 --
INDEX
Art. Sec.
Qualifications......................... 6 20(a)
Removal for cause,
Court on judiciary................... 6 22(a)
Senate............................... 6 23(b)
Restrictions......................... 6 20(b)(1-4)
Retirement
Age................................ 6 25(b)
Disability......................... 6 22(a)
Term................................. 6 9
Vacancies............................ 6 21(b)
Jurisdiction and powers.................. 6 9
Mandates, service and execution.......... 6 1(c)
Processes, service and execution......... 6 1(c)
State-wide court......................... 6 1(a)
Warrants, service and execution.......... 6 1(c)
COURT OF GENERAL SESSIONS,COUNTY OF NEW YORK
(see "General Sessions").
COURT ON THE JUDICIARY:
Composition.............................. 6 22(b)
Concurrence necessary for action......... 6 22(c)
Convening................................ 6 22(d)
Counsel, authority to designate.......... 6 22(f)
Expenses, legislature to make
appropriations......................... 6 22(h)
Governor to be notified of removal
charges................................ 6 22(e)
Immunity from prosecution, authority
to grant............................... 6 22(f)
Judges and justices,
Compensation, not to receive
additional........................... 6 22(h)
Judgment of removal from office.......... 6 22(c)
Disqualification for holding public
office or trust...................... 6 22(c)
Judicial officers subject to removal or
retirement,
Enumeration............................ 6 22(a)
Rights, due notice and hearing......... 6 22(a)
Legislature,
Notification of removal charges........ 6 22(e)
Time within which to act after notice.. 6 22(e)
Limitations on judgment and powers....... 6 22(a)
Notice to governor and legislature
of removal charges..................... 6 22(e)
Powers,
Designation of counsel to conduct
proceedings.......................... 6 22(f)
Immunity from prosecution, granting
witnesses............................ 6 22(f)
Rules and regulations on procedure,
-- 143 --
INDEX
Art. Sec.
power to make........................ 6 22(f)
Summoning witnesses, etc. authority.... 6 22(f)
President of the Senate to be notified
of removal charges..................... 6 22(e)
Presiding officer...................... 6 22(b)
Procedure, authority to regulate......... 6 22(f)
Retirement proceedings not subject
to stay by legislative action.......... 6 22(e)
Right to compensation of judicial
officer retired........................ 6 22(c)
Rules and regulations governing procedure 6 22(f)
Service, no extra compensation........... 6 22(h)
Speaker of the Assembly to be notified
of removal charges..................... 6 22(e)
Stay of removal proceedings pending
legislative action..................... 6 22(e)
Suspension pending determination......... 6 22(d)
Trial,................................... 6 22(d)
Removal charges, limitation on
date set............................... 6 22(e)
Vacancy in membership.................... 6 22(b)
COURTS (see also specific courts):
Administrative supervision thereof....... 6 28
Convening for disposition of
apportionment cases.................... 3 5
Expenses (see "Expenses of Courts")
General provisions relating to........... 6 1-37
Legislative power........................ 9 3(a)
Preference in cases involving
apportionments......................... 3 5
Proceedings by or against, appeals to
court of appeals....................... 6 3(b)(5)
State wide............................... 6 1(a)
COURT OF RECORD (see also specific courts):
Enumerated............................... 6 1(b)
COURT OF SPECIAL SESSIONS:
New York city,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred
to city-wide court of criminal
jurisdiction......................... 6 35(f)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be judges of city-wide
court of criminal jurisdiction for
remainder of term.................... 6 35(d)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned to
certain courts....................... 6 35(l)
Records, disposal thereof.............. 6 35(a)
-- 144 --
INDEX
Art. Sec.
Seal, disposal thereof................. 6 35(a)
CREDIT:
Municipal corporations, gifts or loans
for private purposes prohibited........ 8 1
Municipalities, certain, legislature
to restrict power to loan.............. 8 12
Pledge by municipality for payment of
indebtedness........................... 8 2
State, gift or loan of credit for
private purpose prohibited............. 7 8
COURT SYSTEM:
State wide, unified...................... 6 1(a)
CREDITS:
Location for purposes of taxation........ 16 3
CREED:
Discrimination in civil rights
prohibited............................. 1 11
CRIMES (see also "Criminal Actions"):
Capital or infamous, indictment by
grand jury required for prosecution,
exceptions............................. 1 6
Jurisdiction,
County court........................... 6 11(a)
Supreme court, New York city,
exclusive, certain, exception.......... 6 7(a)
Punishable by death, no waiver of
jury trial............................. 1 2
Suffrage, loss upon conviction........... 2 3
Telephone and telegraph communications,
interceptions to obtain evidence....... 1 12
CRIMINAL ACTIONS (see also "Crimes"):
Appeals, court of appeals, jurisdiction.. 6 3(a)
Change of venue by private or local
bill prohibited........................ 3 17
Indictment by grand jury required in
certain................................ 1 6
Jurisdiction of county courts............ 6 11(a)
Jury trial,
Guaranty............................... 1 2
Waiver, exception...................... 1 2
Libel,
Duty of jury to acquit................. 1 8
Person charged with, when to be
acquitted............................ 1 8
Powers of jury......................... 1 8
Truth may be given in evidence to jury. 1 8
Public officers, failure to waive
immunity or testify.................... 1 6
Rights of accused,
Confrontation of witnesses............. 1 6
-- 145 --
INDEX
Art. Sec.
Counsel, representation................ 1 6
Due process of law, guaranty........... 1 6
Freedom from double jeopardy........... 1 6
Nature and cause of accusation......... 1 6
Personal appearance, right............. 1 6
Privilege against self-incrimination... 1 6
Supreme court, New York city,
exclusive jurisdiction, certain,
exception.............................. 6 7(a)
CRIMINAL INSTITUTIONS (see "Correctional
Institutions," "Prisons," "Reformatories").
CROSSINGS (see "Railroads").
CRUEL AND UNUSUAL PUNISHMENT:
Guaranty against......................... 1 5
CUSTODIAL CARE:
Children, religious persuasion
to control............................. 6 32
DAMAGES:
Actions for wrongful death,
Amount not subject to statutory
limitation........................... 1 16
Right of action not to be
abrogated............................ 1 16
DEAF PERSONS:
Education, power of legislature to
provide................................ 7 8
State institutions for education and
support, not subject to inspection..... 17 2
Support, legislative power to provide.... 7 8
DEATH:
Action not to be abrogated,.............. 1 16
Damages not to be limited.............. 1 16
Governor, lieutenant governor to be
acting governor........................ 4 5
Judgment of,
Direct appeal to court of appeals...... 6 3(b)
Unlimited power to review............ 6 3(a)
Workers' compensation, legislative power
to enact laws.......................... 1 18
DEATH SENTENCE:
Appeal, court of appeals, jurisdiction... 6 3(a,b)
DEBTS:
Municipal corporations (see
"Municipalities").
Public corporation, state or political
subdivision not to be liable........... 10 5
Exception respecting housing........... 18 4,5
State,
Authorization for creation............. 7 11
Bonds, contracted in anticipation
-- 146 --
INDEX
Art. Sec.
of sale.............................. 7 9
Bonus, payment, issuance of bonds...... 7 18
Conditions for refunding............... 7 13
Education, higher, authorization for
creation............................. 7 19
Emergencies, moneys raised,
application.......................... 7 10
Housing bonds, repayment of obligations
issued in anticipation of sale....... 7 9
Manner of payment...................... 7 12
Notes in anticipation of bonds and
taxes, time for payment.............. 7 9
Payment of principal, interest and
sinking fund contributions........... 7 16
Period for which contracted............ 7 12
Power to contract...................... 7 9
Bonds, in anticipation of sale....... 7 9
Certain emergencies.................. 7 10
Defense of state..................... 7 10
Taxes, in anticipation of receipt.... 7 9
Pre-payment before due date............ 7 12
Purposes, moneys raised, application... 7 12
Railroad crossings at grade............ 7 14
Referendum on laws creating............ 7 11
Refunding, legislative power to provide
means................................ 7 13
Repeal of law after approval........... 7 11
Sinking funds.......................... 7 15
Three-fifths quorum required for
passing bills affecting.............. 3 23
DEFENDANT, RIGHTS OF (see "Accused,"
"Criminal Actions").
DELAWARE COUNTY:
Belleayre mountain, construction of
ski trails............................. 14 1
DELEGATES (see "Constitutional Convention").
DELINQUENT CHILDREN (see "Children").
DENOMINATIONAL SCHOOLS:
State aid, prohibition against,
exception.............................. 11 3
DEPARTMENT (see "State Departments," and
specific state departments).
DEPENDENT CHILDREN (see "Children").
DIRECTORS:
Savings banks and institutions, interest
in loan or use of money, etc.
prohibited............................. 10 3
DISCRIMINATION:
Race, color, creed or religion,
prohibition against discrimination..... 1 11
-- 147 --
INDEX
Art. Sec.
Religious worship, prohibition against
discrimination......................... 1 3
Taxation, discrimination against
corporations formed under federal laws
prohibited............................. 16 4
DISFRANCHISEMENT (see also "Voters and
Voting"):
Prohibition against, exception........... 1 1
DISTRICT ATTORNEY:
Charges for removal, hearing............. 13 13(a)
Counties in city of New York, election
and removal............................ 13 13(a)
Election................................. 13 13(a)
Hearing,
Charges or grounds for removal......... 13 13(a)
Opportunity to defend against charges.. 13 13(a)
New York city, office not to be
abolished by local law................. 13 13(c)
Removal from office...................... 13 13(a)
Term of office........................... 13 13(a)
Vacancies................................ 13 13(a)
DISTRICTS:
Assembly (see "Assembly Districts").
Election (see "Election Districts").
Improvement (see "Improvement
Districts")
Power of legislature to enact laws
relating to government................. 9 2(b)
Senate (see "Senate Districts").
DISTRICT COURTS:
Actions and proceedings,
County court, concurrent jurisdiction.. 6 11(a)
Transfer therefrom..................... 6 19(c,i)
Appeals,
Appellate term......................... 6 8(e),11(d)
..................................... 35(m)
County court......................... 6 11(d),35(m)
Board of supervisors, may request
establishment........................ 6 16(a)
County courts,
Actions and proceedings,
Concurrent jurisdiction.............. 6 11(a)
Transfer thereto..................... 6 19(c)
Appeals............................ 6 11(d), 35(m)
Court system of state, unified,
included therein........................ 6 1(a)
Discontinuance........................... 6 16(i)
Establishment............................ 6 16(a)
Expenses of court........................ 6 29(a-d)
Judges (see also, "Judges and
-- 148 --
INDEX
Art. Sec.
Justices"),
Additional............................. 6 16(f)
Age limit.............................. 6 25(b)
Apportionment.......................... 6 16(g)
Assignment, temporary.................. 6 26(h)
Compensation........................... 6 25(a)
Election............................... 6 16(h)
Number................................. 6 16(f)
Qualifications......................... 6 20(c)
Removal for cause,
Appellate division................... 6 22(i)
Senate............................... 6 23(b)
Residence.............................. 6 16(h)
Restrictions........................... 6 20(c)
Retirement for disability.............. 6 22(i)
Term................................... 6 16(h)
Vacancies.............................. 6 21(d)
Jurisdiction and powers.................. 6 16(d)
Law, establishing, subject to approval
at general election.................... 6 16(b,c)
Nassau county,
Actions and proceedings, pending....... 6 34(a)
Appeals, pending....................... 6 34(a)
Continued.............................. 6 16(a)
Mandates, service and execution.......... 6 1(c)
Processes, service and execution......... 6 1(c)
Regulation............................... 6 16(i)
Supreme court, power to transfer actions
and proceedings pending therein to
county court........................... 6 19(c)
Warrants, service and execution.......... 6 1(c)
DIVORCE:
Grant, prohibition against except by
judicial proceedings................... 1 9
DOCKS:
New York City,
Debts excluded from limitation......... 8 7
Serial bonds, financing................ 8 2
DOCUMENTS:
Abolished courts, to be deposited with
clerks of county in which courts are
located................................ 6 35(a)
DOMESTIC RELATIONS COURT, NEW YORK CITY:
Abolished................................ 6 35(a)
Actions and proceedings, transferred
to family court in city of New York.... 6 35(j)
Appeals, where taken..................... 6 35(m)
Documents, disposal thereof.............. 6 35(a)
Judges, to be judges of family court in
city of New York for remainder of
-- 149 --
INDEX
Art. Sec.
term................................... 6 35(i)
Papers, disposal thereof................. 6 35(a)
Personnel, non-judicial, assigned to
certain courts......................... 6 35(l)
Records, disposal thereof................ 6 35(a)
Seal, disposal thereof................... 6 35(a)
DOUBLE JEOPARDY:
Prohibition against...................... 1 6
DRAINAGE (see also "Lands"):
Agricultural,
Construction and maintenance, general
laws to provide...................... 1 7
Just compensation for property taken... 1 7
Property, use declared public use...... 1 7
Private or local bills prohibited........ 3 17
DRAINAGE SYSTEMS:
Common or excess, for municipalities..... 8 2-a
Indebtedness,
Allocation method, legislature may
provide.............................. 8 2-a
Exclusion from debt limitation......... 8 2-a
State comptroller may approve.......... 8 2-a
Revenues therefrom, restrictions on use.. 8 2-a
DUE PROCESS OF LAW:
Guaranty................................. 1 6
DUMB PERSONS:
Education, power of legislature to
provide................................ 7 8
State institutions for education and
support, not subject to inspection..... 17 2
Support, legislative power to provide.... 7 8
EDUCATION (see also "Schools"):
Blind, power of legislature to provide... 7 8
Cities, authorization of indebtedness.... 8 1
Commissioner of education, appointment
and removal............................ 5 4
Corporations or associations, exemption
for tax purposes....................... 16 1
Counties, authorization of indebtedness.. 8 1
Deaf, power of legislature to provide.... 7 8
Denominational schools, state aid
prohibited, exception.................. 11 3
Dumb, power of legislature to provide.... 7 8
General provisions relating to........... 11 1-3
Gift or loan of state money or credit,
restriction............................ 7 8
Higher education, authorization to
contract indebtedness.................. 7 19
Juvenile delinquents, power of
legislature to provide................. 7 8
-- 150 --
INDEX
Art. Sec.
Legislative power over schools and
school system.......................... 9 3(a)
Literature fund, capital and revenues,
application............................ 11 2
Lotteries, net proceeds, legislature to
provide for use of proceeds............ 1 9
Mentally ill, power of legislature to
provide................................ 7 8
Municipalities, authorization of
indebtedness........................... 8 1
Physically handicapped, power of
legislature to provide...... .......... 7 8
Real estate taxes, limitation............ 8 10
Exclusion in villages and certain
cities............................... 8 10
School fund, capital and revenues,
application.......................... 11 2
School system, legislature to provide.. 11 1
Tax limitation on real property........ 8 10
Exclusion in villages and certain
cities............................. 8 10
School districts, certain................ 8 10
Towns, authorization of indebtedness..... 8 1
United States deposit fund, capital and
revenues, application.................. 11 2
EDUCATION, DEPARTMENT OF:
Commissioner of education as chief
administrative officer................. 5 4
Regents of the University of the State
of New York as head,.... ............. 5 4
Commissioner of education, appointment
and removal............................ 5 4
EDUCATIONAL INSTITUTIONS:
Tax exemption of property................ 16 1
Voting residence unaffected while
student................................ 2 4
ELECTION DAY (see "Elections").
ELECTION DISTRICT:
Residence as qualification for voting.... 2 1
ELECTIONS:
Absentee registration (see
"Registration" under "Elections").
Absentee voting,
Absence from county of residence or
city of New York..................... 2 2
General provisions..................... 2 2
Ill or physically disabled voters...... 2 2
Alternative form of county government.... 9 1(h)
Assembly members,
Day for holding........................ 3 8
-- 151 --
INDEX
Art. Sec.
New assembly districts, choosing from.. 3 5
Attorney-general, time for holding....... 5 1
No election except at time of electing
governor............................. 5 1
Boards of election,
Appointment or election, manner........ 2 8
Bi-partisan control guaranteed,........ 2 8
Requirement inapplicable to town and
village elections.................. 2 8
Equal representation of two major
political parties required............. 2 8
Existing laws, continuance until changed. 2 8
Officers constituting, appointment and
election,............................ 2 8
Bi-partisan requirement.............. 2 8
Nomination by two major parties.... 2 8
Boards of supervisors, members,
election by private or local
bill prohibited.................... 3 17
Challenge for disqualification, duty
of person challenged................ 2 3
City court judges, outside
New York city...................... 6 17(d)
Comptroller, time for holding........ 5 1
Conditions for receiving vote of
challenged persons................. 2 3
Conduct, secret ballot required...... 2 7
Conduct of, private or local bills
prohibited......................... 3 17
Constitution, submission of
amendment or revision.............. 19 2
Constitutional amendments,
Coincidental submission by
convention and legislature......... 19 3
Submission by legislature............ 19 1
Constitutional convention,
submission of question for holding. 19 2
Counties,
Adoption of alternative form of
county government.................... 9 1(h)
Clerks............................... 13 13(a)
County judges........................ 6 10(a)
District attorneys, counties in city
of New York........................ 13 13(a)
Officers, when not provided by
constitution....................... 13 13(a)
Registers............................ 13 13(a)
Court of appeals,
Chief judge and associate judges,.... 6 2(a)
Vacancy in office.................. 6 2(c)
-- 152 --
INDEX
Art. Sec.
Disabled voters (see "Ill or physically
disabled voters" under "Elections").
District court judges.................. 6 16(h)
Disqualifications for voting,
Acceptance of compensation or reward
for giving or withholding vote..... 2 3
Betting or wagering upon result...... 2 3
Bribery, conviction.................. 2 3
Duty upon challenge.................. 2 3
Illiteracy........................... 2 1
Infamous crime, conviction........... 2 3
Offering to give or receive com-
pensation for giving or
withholding vote................... 2 3
Payment of compensation or reward for
giving or withholding vote......... 2 3
Promise to influence voting.......... 2 3
Election officers (see "Boards of
Election" under "Elections").
Family court judges, outside
New York city........................ 6 13(a)
Governor, time of holding............ 4 1
Single vote for governor and
lieutenant-governor................ 4 1
Grade crossing elimination, state debt. 7 14
Ill or physically disabled voters,
Absentee registration by............. 2 5
Absentee voting by................... 2 2
Judges and Justices (see specific
courts and "Judges and Justices").
Law creating state debt................ 7 11
Legislature, time of holding........... 3 8
Lieutenant-governor, time of holding... 4 1
No election except at time of
electing governor.................. 4 6
Single vote for governor and
lieutenant-governor................ 4 1
Low rent housing, submission of laws
creating debt........................ 18 3
Member of legislature, qualifications,. 3 7
Time for holding..................... 3 8
Methods................................ 2 7
Military personnel and families,
Registration......................... 2 5
Voting............................... 2 1
New York city,
City-wide courts of civil
jurisdiction, judges................. 6 15(a)
County officers not provided by
constitution......................... 13 13(a)
-- 153 --
INDEX
Art. Sec.
Officers, elective, right to vote for all 2 1
Opening and conduct, private or local
bill prohibited........................ 3 17
Party positions, uncontested, primary
elections may be waived................ 1 1
Permanent personal registration, systems,
laws................................... 2 6
Persons entitled to vote, laws for
ascertainment.......................... 2 5
Persons excluded......................... 2 3
Physically disabled voters (see "Ill or
physically disabled voters" under
"elections")........................... 2 2
Places of voting, designation,
private or local bill prohibited....... 3 17
Political party positions, uncontested,
primary elections may be waived........ 1 1
Presidential, special procedures
for voting thereat, legislature
to adopt............................... 2 9
Primary elections, waiver by
general law authorized in certain
cases.................................. 1 1
Public corporations, approval of
grant of power......................... 10 5
Public office, primary elections to
nominate candidates for, waiver in
certain cases authorized............... 1 1
Qualifications of voters................. 2 1
Registration of voters,
Absentee............................... 2 5
Bi-partisan boards and
officers required.................... 2 8
Cities and villages of 5,000 or more,
personal application required,....... 2 5
Population, determination, latest
census controlling................. 2 5
Unnecessary at first meeting outside
cities and villages................ 2 5
Continuation of original registration,
legislative authority to provide..... 2 6
Identification by signature, when
required............................. 2 7
Ill or physically disabled voters...... 2 5
Laws regulating, legislature to enact.. 2 5
Military personnel and families........ 2 5
Permanent personal..................... 2 6
Time of completion..................... 2 5
Town and village elections, when
registration required................ 2 5
-- 154 --
INDEX
Art. Sec.
Veterans' bureau hospitals, inmates
and families......................... 2 5
Residence, gain or loss for voting
purposes............................... 2 4
Restrictions against voting.............. 2 3
Returns and canvass of absentee ballots,. 2 2
Legislature may provide................ 2 2
Right of participation guaranteed,
exception.............................. 1 1
School districts, submission of
proposition to increase tax limit...... 8 10
Secrecy of ballot guaranteed............. 2 7
Senators,
Day for holding........................ 3 8
New senate districts, choosing from.... 3 4
Sheriffs................................. 13 13(a)
State comptroller, time for holding...... 5 1
State debts.............................. 7 11
Supreme court justices, Judicial districts,
to be chosen by electors............... 6 6(c)
Vacancy in office, how and when filled... 6 21(a)
Surrogates,.............................. 6 12(b)
Town elections,
Bi-partisan requirement inapplicable... 2 8
Registration, when required............ 2 5
Town justices.......................... 6 17(d)
Vacancies in office, Generally......... 13 3
Governor and lieutenant-governor,
election to fill unexpired terms,
when held............................ 4 6
Village elections,
Bi-partisan requirement inapplicable... 2 8
Registration, when required.......... 2 5
Village justices......................... 6 17(d)
Voters,
Bribery, authority to exclude persons
convicted............................. 2 3
Citizens entitled to right of
suffrage, laws for ascertainment..... 2 5
Disqualifications (see
"Disqualifications for Voting"
under "Elections")................... 2 3
Identification, legislature to provide.. 2 7
Signature, when required, exceptions.... 2 7
Illiteracy of voter excusing signature
identification..................... 2 7
Infamous crimes, authority to exclude
persons convicted.................. 2 3
Persons excluded from
right of suffrage.................. 2 3
-- 155 --
INDEX
Art. Sec.
Physical disability excusing
signature identification........... 2 7
Qualifications,...................... 2 1
English language, ability to read
and write........................ 2 1
Residence for voting purposes not
affected, Certain occupations
and conditions................. 2 4
Educational institutions, students. 2 4
Navigable waters, service.......... 2 4
Public or charitable institutions,
confinement...................... 2 4
Public prisons, confinement........ 2 4
United States, employment.......... 2 4
Voting by absentee ballot.......... 2 1,2
ELECTIRC UTILITIES:
Operation and use by local government, fair
return on use of property, authority... 9 1(f)
ELEEMOSYNARY INSTITUTIONS:
Support, payments by local governments
authorized............................. 8 1
Visitation and inspection................ 17 2
EMINENT DOMAIN:
Compensation required.................... 1 7
Drainage of swamp or agricultural lands.. 1 7
Forest preserves, condemnation
prohibited............................. 14 1
Local governments, authorization......... 9 1(e)
Low rent housing,
Acquisition and use of excess
property............................. 18 8
Grant of powers to municipalities and
public corporations.................. 18 2
Private property,
Excess condemnation by cities
and counties for park and
street purposes........................ 1 7
Just compensation when taken for
public use,............................ 1 7
Private roads, opening................... 1 7
Reforestation and wild life
conservation, lands acquired........... 14 3
EMPLOYEES:
Collective bargaining, right............. 1 17
Death, compensation, laws................ 1 18
Injuries, compensation, laws............. 1 18
Compensable without regard to fault,
exceptions........................... 1 18
Lives, health or safety, power to ....... 1 18
enact laws............................. 9 2(c)
-- 156 --
INDEX
Art. Sec.
....................................... 13 14
EMPLOYEES--(Concluded)
Organization, right...................... 1 17
Representatives, right to choose......... 1 17
Workers' compensation, system, laws...... 1 18
EMPLOYERS:
Proper business charges, Moneys paid
employees under protective laws.......... 1 18
Workers' compensation, cost.............. 1 18
EMPLOYMENT:
Indebtedness to provide, guaranty
by state............................... 10 7
Loans by state to provide, authorize..... 7 8
ENACTING CLAUSE:
Bills.................................... 3 13
ENGLISH LANGUAGE:
Voters, ability to read and write,
qualification.......................... 2 1
EQUAL PROTECTION OF LAWS:
Guaranty................................. 1 11
EQUALIZATION OF ASSESSMENTS:
Legislature to provide................... 16 2
Ratio, determination for tax limit
purposes............................... 8 10
EQUITY:
Jurisdiction and proceedings, legislative
power to alter and regulate............ 6 30
ERIE CANAL (see also "Canals"):
Disposition, prohibition against,........ 15 1
Exceptions............................... 15 2
ERIE COUNTY:
Special county judge, office abolished,
judge to hold office as county judge
for remainder of term.................. 6 34(d)
ESSEX COUNTY:
South mountain, construction of ski
trails................................. 14 1
Whiteface mountain, construction of
ski trails............................. 14 1
ESTATES:
Administration, jurisdiction of
surrogate's court...................... 6 12(d)
ESTATE TAX (see also "Taxation and Taxes"):
Trust property, situs.................... 16 3
EVIDENCE OF INDEBTEDNESS (see "Certificates
of Indebtedness").
EXCHANGE OF PROPERTY (see "Canals,"
"Conservation").
EXCISE TAX:
Personal property not subject, income
-- 157 --
INDEX
Art. Sec.
excepted............................... 16 3
EXECUTIVE (see "Governor").
EXECUTIVE BUDGET (see "Budget").
EXECUTIVE OFFICERS:
Oath of office........................... 13 1
EXECUTIVE POWER (see also "Governor"):
Governor, vesting........................ 4 1
EXECUTIVE RESIDENCE (see "Governor"):
EXEMPTIONS FROM TAXATION:
Alteration permitted..................... 16 1
Grant,
General laws........................... 16 1
Private or local bill prohibited....... 3 17
Low rent housing projects................ 18 2
Religious, educational or charitable
purposes............................... 16 1
Repeal permitted......................... 16 1
EX PARTE ORDERS (see "Orders").
EXPENSES OF COURTS:
Cost of operating and maintaining........ 6 29(a)
Estimates of annual financial needs...... 6 29(b)
Political subdivisions, determination
of itemized estimates of annual
financial needs........................ 6 29(d)
State, determination of itemized
estimates of annual financial needs...... 6 29(c)
EXTRA COMPENSATION (see "Compensation,"
and specific Art. officers).
EXTRAORDINARY SESSIONS (see also
"Legislature," "Senate"):
Legislature, governor may convene........ 4 3
Senate, governor may convene............. 4 3
Subjects for consideration............... 4 3
EXTRAORDINARY TERMS:
Supreme court, governor may appoint...... 6 27
Justices, governor to designate........ 6 27
Time and place, governor to designate.. 6 27
FAMILY COURTS:
Actions and proceedings,
Transfer therefrom, to certain
courts............................... 6 19(e,h)
Transfer thereto, from certain
courts............................... 6 19(b,d,f)
Children's courts abolished, actions
and proceedings therein transferred.. 6 35(h)
Court of record...................... 6 1(b)
Court system of state, unified,
included therein................... 6 1(a)
Domestic relations court abolished,
actions and proceedings therein
-- 158 --
INDEX
Art. Sec.
transferred........................ 6 35(j)
Establishment........................ 6 13(a)
Expenses of court.................... 6 29(a-d)
Judges (see also "Judges
and Justices"),
Additional............................. 6 13(a)
Age limit.............................. 6 25(b)
Appointment by mayor,
New York city........................ 6 13(a)
Armed forces, eligibility
to serve........................... 6 20(b)(1)
Assignments, temporary,
From certain courts................ 6 26(c,e,g)
To certain courts.................. 6 26(f)
Broome county, special county
judge, transferred thereto....... 6 35(g)
Chautauqua county, special
county judge, transferred
thereto.......................... 6 35(g)
Children's courts, abolished,
judges to be judges of family
court for remainder of terms..... 6 35(g)
Combination with certain other
judicial offices authorized...... 6 14
Compensation....................... 6 25(a)
Constitutional convention,
eligibility to serve............. 6 20(b)(1)
Domestic relations court,
abolished, judges to be judges
of family court for remainder
of terms......................... 6 35(i)
Duties............................. 6 26(f)
Election, outside New York
city............................. 6 13(a)
Eligibility........................ 6 20(a)
Jefferson county, special county
judge, transferred thereto....... 6 35(g)
Military service, permitted........ 6 20(b)(1)
New York city, mayor to
appoint.......................... 6 13(a)
Number............................. 6 13(a)
Oneida county, special county
judge, transferred thereto....... 6 35(g)
Political organization, pro-
hibitionagainst holding
office therein................... 6 20(b)(3)
Public office, prohibition
against holding.................. 6 20(b)(1)
Qualifications..................... 6 20(a)
Removal for cause,
-- 159 --
INDEX
Art. Sec.
Court on judiciary............... 6 22(a)
Senate........................... 6 23(b)
Residence.......................... 6 13(a)
Restrictions....................... 6 20(b)(1-4)
Retirement.
Age.............................. 6 25(b)
Disability....................... 6 22(a)
Rockland county, special county
judge transferred thereto........ 6 35(g)
Term............................... 6 13(a)
Vacancies.......................... 6 21(a,c)
Jurisdiction and powers.......... 6 13(b,c)
Mandates, service and execution.. 6 1(c)
Processes, service and execution. 6 1(c)
State-wide court................. 6 1(a)
Warrants, service and execution.. 6 1(c)
FAMILY HOMES:
Municipalities, authorization of
indebtedness for maintenance........... 8 1
FEDERAL AID:
Low rent housing, acceptance of aid
authorized............................. 18 2
FEDERAL CENSUS:
Cities, population for debt and tax
limit purposes......................... 8 4,10,11
Cities and villages, population for
registration purposes.................. 2 5
Members of Assembly, controlling for
apportionment, exceptions.............. 3 4
Senate and Assembly districts,
controlling upon readjustment or
alteration, exceptions................. 3 4
Superseded by state enumeration, cases
when................................... 3 4
FEDERAL GOVERNMENT:
Agreements with local governments,
certain, authorization................. 9 1(c)
Barge canal,
Lease or transfer thereto, authorized.... 15 4
Annual appropriations by state for
operation, authorized................ 15 4
FEES (see also "Compensation"):
Public officers, creation, increase or
decrease during term by private or
local bill prohibited.................. 3 17
State officers not to receive for own
use.................................... 13 7
FINANCES (see "Municipalities," "State").
FINES:
Prohibition against imposition of
-- 160 --
INDEX
Art. Sec.
excessive.............................. 1 5
FIREFIGHTERS, RETIRED:
Pensions, right of municipalities to
increase............................... 8 1
FIRMS (see "Associations").
FISCAL OFFICER:
Municipality, setting apart money for
payment of indebtedness................ 8 2
New York city, determination of
indebtedness for limitation of tax on
real property.......................... 8 11
School district, payment of indebtedness. 8 2
FIVE-SIXTHS JURY:
Verdict in civil causes, authorization... 1 2
FOREST CONSERVATION:
Appropriations authorized................ 14 3
State policy........................... 14 3
FOREST FIRES:
State, power to contract debts to
suppress............................... 7 10
FOREST LANDS:
Reservoirs, construction and
maintenance use authorized, expenses... 14 2
FOREST PRESERVE:
Exchange of certain lands therein,
authorized............................. 14 1
Federal aid interstate highway,
construction authorized................ 14 1
Forest conservation, acquisition of land. 14 3
Highways, construction and relocation
by state permitted..................... 14 1
Prohibition against lease, sale or
other disposition...................... 14 1
Inapplicable to certain counties....... 14 3
Recreational or other use permitted...... 14 3
Removal or destruction of timber
prohibited............................. 14 1
Ski trails, construction by state
permitted.............................. 14 1
Timber, sale, removal, etc. prohibited... 14 1
Wildlife conservation, acquisition
of land................................ 14 3
FORFEITURES:
Public office,
Refusal to testify before grand jury... 1 6
Suits by attorney-general.............. 1 6
FRANCHISE:
Right guaranteed, exception.............. 1 1
FRANCHISES:
Exclusive grant by private or local
-- 161 --
INDEX
Art. Sec.
bill prohibited........................ 3 17
Housing corporations, power of eminent
domain................................. 18 2
FRANKLIN COUNTY:
Village of Saranac Lake exchange of
certain forest preserve lands,
authorized............................ 14 1
FREE COMMON SCHOOLS (see "Education,"
"Schools").
FULTON COUNTY:
Assembly member, election, Hamilton
county to join......................... 3 5
GAMBLING:
Laws to prevent, legislature to enact.. . 1 9
Prohibition against any form except
certain lotteries, pari-mutuel horse
race betting and bingo or lotto........ 1 9
Voting disqualification, wagering on
election............................... 2 3
GAS UTILITIES:
Operation and use by local government,
fair return on value of property,
authorized............................. 9 1(f)
GENERAL FUND:
Appropriations for low rent housing...... 18 2
Comptroller to set apart funds for
payment of indebtedness................ 7 16
Housing, contracts for subsidies
payable from........................... 18 3
Sinking funds, application of excess
income to.............................. 7 15
GENERAL LAWS:
Definition, local government article..... 9 3(c)
Drainage of swamp or agricultural lands,
to be provided......................... 1 7
Enumeration of subjects to be provided... 3 17
GENERAL SESSIONS:
New York county,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred
to supreme court..................... 6 35(b)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be justices of supreme
court for remainder of term.......... 6 35(b)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned to
certain courts....................... 6 35(l)
Records, disposal thereof.............. 6 35(a)
-- 162 --
INDEX
Art. Sec.
Seal, disposal thereof................. 6 35(a)
GIFTS:
Cities, money or credit for private
purposes prohibited, exceptions........ 8 1
Counties, money or credit for private
purposes prohibited, exceptions........ 8 1
Low rent housing, acquisition of
property by gift....................... 18 9
Municipalities, money or credit for
private purposes prohibited,
exceptions............................. 8 1
School district, money or credit for
private purposes prohibited............ 8 1
State, money or credit for private
purposes prohibited, exceptions........ 7 8
Towns, money or credit for private
purposes prohibited, exceptions........ 8 1
Villages, money or credit for private
purposes prohibited.................... 8 1
GORE MOUNTAIN:
Ski trails authorized.................... 14 1
GOVERNMENT:
Continuity thereof, state and local,
during certain emergencies,
legislature to provide................. 3 25
GOVERNOR (see also "Governor-Elect"):
Absence from state, lieutenant-governor
to act................................. 4 5
Advice and consent of Senate, when
required for appointment,
Department heads, certain................ 5 4
Judges and justices, certain............. 6 2(c),9,21(a)
Adjutant-general, appointment.......... 12 1
Bills,
Action after passage................... 4 7
Appropriation bills,
Approval, when required,
Budget bills........................... 7 4,6
Generally.............................. (4 7
..................................... (7 6
Approval and objection to specific
items................................ 4 7
Certification of necessity of
immediate passage of new bills...... 7 5
Consideration of bill submitted by
governor, priority over new bills.. 7 5
Disapproved items ineffective,....... 4 7
Statement to be sent to house
of origin........................ 4 7
Reconsideration and passage over
-- 163 --
INDEX
Art. Sec.
veto of items disapproved.......... 4 7
Approval before becoming law........... 4 7
Certification of necessity for
immediate vote....................... 3 14
Failure to return bill within time
allowed, effect...................... 4 7
Presentation and approval before
becoming law......................... 4 7
Time for approval...................... 4 7
Veto,
Passage over....................... 4 7
Return to house of origin with
objections....................... 4 7
Budget,
Amendment or supplement with consent
of legislature....................... 7 3
Appearances and hearing before
legislature or committee............. 7 3
Bills embodying proposed legislation
and appropriations to be submitted... 7 3
Action by legislature................ 7 4
Legislative provisions limited to
particular appropriations........ 7 6
Passage by legislature, approval by
governor not required, exception. 7 4,6
Hearings......................... 7 1
Legislature and judiciary, estimates
of needs, transmission for
inclusion........................ 7 1
State departments, estimates and
information to be furnished...... 7 1
Submission to legislature with
explanations and recommendations. 7 2
Certificate of necessity for passage of
certain laws,
Appropriation bills, consideration
before budget bills.................. 7 5
Cities, special laws affecting......... 9 2(b)
County, special laws affecting......... 9 2(b)
New York city, certain county offices
within, subject to action by city... 13 13
Towns, special laws affecting.......... 9 2(b)
Villages, special laws affecting....... 9 2(b)
Waiver of three day rule............... 3 14
Commander-in-chief, state military and
naval forces,.......................... 4 3
Commutation of sentence,
Communication of case to
legislature.......................... 4 4
Power to grant....................... 4 4
-- 164 --
INDEX
Art. Sec.
Compensation........................... 4 3
Counties, special laws affecting......... 9 2(b)
County clerks, power to remove........... 13 13(a)
County judges, vacancies, power to
appoint, with advice and consent of
Senate................................. 6 21(a)
County registers, power to remove........ 13 13(a)
Court of appeals,
Appointments to fill vacancies,
duration............................. 6 2(c)
Associate judges, designation of
supreme court justices............... 6 2(c)
Chief judge and associate judges,
vacancy in office, appointment....... 6 2(c)
Vacancies, power to fill............. 6 2(c)
Court of claims, appointment of
judges............................... 6 23,9
Court on the judiciary, convening...... 6 22(d)
Death, lieutenant-governor to serve.... 4 5
District attorneys, removal of,
Bribery, failure to prosecute........ 13 13(b)
Generally............................ 13 13(b)
New York city........................ 13 13(b)
Election,
Jointly, with lieutenant-governor.... 4 1
Single vote, applicable to both
governor and lieutenant-governor... 4 1
Time................................. 4 1
Eligibility............................ 4 2
Execution of laws...................... 4 3
Executive power vested................. 4 1
Executive residence to be provided..... 4 3
Extraordinary term, supreme court,
power to appoint..................... 6 27
Family court judges, vacancies in
office, power to fill................ 6 21(a)
General provisions relating to......... 4 1-7
Heads of departments,
Appointment and removal.............. 5 4
Manner of removal to be prescribed
by law............................. 5 4
Impeachment,
Court for trial, composition......... 6 24
Lieutenant-governor to act........... 4 5
Inability to discharge powers and
duties, lieutenant-governor to act... 4 5
Judiciary, appropriations, subject to
approval............................. 7 4
Legislators ineligible for certain
civil appointments................... 3 7
-- 165 --
INDEX
Art. Sec.
Legislature,
Additions to budget.................. 7 4
Appropriations subject to approval... 7 4,6
Communication by message and
recommendations.................... 4 3
Expedition of measures resolved...... 4 3
Extraordinary sessions, power to
convene............................ 4 3
Lieutenant-governor, when to
serve as........................... 4 5
Local governments, special laws
affecting.......................... 9 2(b)
Members of boards and commissions,
Appointment and removal.............. 5 4
Manner of removal to be prescribed
by law............................... 5 4
Message to legislature, passage of
bills,
Appropriation bills.................. 7 5
Certificate of necessity............. 3 14
Military and naval forces of state,
commander-in-chief,.................. 4 3
New York city, certain county offices,
message required for laws affecting.. 13 13(c)
Notification of removal charges before
court on the judiciary............... 6 22(e)
Pardon,
Communication of case to legislature... 4 4
Power to grant......................... 4 4
Powers and duties,
Commander-in-chief of forces of
state.............................. 4 3
Communication to legislature of
reprieves, commutations and
pardons............................ 4
Laws, duty to execute................ 4 3
Legislature, convening in
extraordinary session.............. 4 3
Measures resolved upon by legislature,
duty to expedite................... 4 3
Message to legislature on condition
of state........................... 4 3
Recommendations to legislature....... 4 3
Reprieves, commutations and pardons,
power to grant, exceptions......... 4 4
Senate, convening in extraordinary
session............................ 4 3
Treason, power to suspend execution
of sentence........................ 4 4
Qualifications for office,
-- 166 --
INDEX
Art. Sec.
Age.................................... 4 2
Citizenship............................ 4 2
Residence in state..................... 4 2
Removal from office, lieutenant-governor
to act............................... 4 5
Removal of judicial officers generally,
recommendation....................... 6 23(a,b)
Reprieve,
Communication of case to legislature... 4 4
Power to grant......................... 4 4
Residence to be provided............... 4 3
Resignation, lieutenant-governor
to act............................... 4 5
Salary................................. 4 3
Sheriffs, power to remove................ 13 13(a)
Speaker of Assembly, when to act......... 4 6
State department heads, appointment
and removal.............................. 5 4
Succession to office..................... 4 6
Supreme court, extraordinary term, power
to appoint............................. 6 27
Supreme court, appellate division,
Additional justices, designation....... 6 4(e)
Justices, designation.................. 6 4(c)
Justices, new designations............. 6 4(d)
Presiding justice, designation......... 6 4(c)
Temporary designation of justices...... 6 4(d)
Supreme court justice, vacancy in office. 6 21(a)
Surrogate's court judges, vacancies in
office................................. 6 21(a)
Temporary president of senate, when
to act................................. 4 6
Term of office........................... 4 1
Treason, suspension of execution of
sentence............................... 4 4
Vacancies in office,
Court of appeals, appointment to fill,. 6 2(c)
Associate judges, supreme court
justices designated as............. 6 2(c)
Not to create vacancy in office of
supreme court justice.............. 6 2(c)
Governor, lieutenant-governor to act,.. 4 5
When to be filled.................... 4 6
Judicial officers, certain, power
to fill.............................. 6 21(a,b)
Supreme court justices,
Appointment to fill.................. 6 21(a)
Court of appeals, designated for
service............................ 6 2(c)
Temporary president of senate or
-- 167 --
INDEX
Art. Sec.
speaker of assembly, when to act... 4 6
Villages, passage of special laws
affecting.............................. 9 2(b)
Votes, highest number to determine
election............................... 4 1
GOVERNOR-ELECT:
Death before assuming office,
lieutenant-governor-elect to serve as
governor............................... 4 5
GRADE CROSSINGS (see also "Railroads"):
Bond issue, authorization................ 7 14
Reimbursement of state by railroad....... 7 14
State debt, authorization................ 7 14
State highways and parkways,
appropriations......................... 7 14
GRAND JURORS (see "Jurors").
GRAND JURY:
Capital or infamous crimes,
indictment required, exceptions........ 1 6
County clerks in city of New York,
powers and duties...................... 13 13(a)
Drawing and empaneling, powers of
county clerks in New York city......... 13 13(a)
Public Officers,
Misconduct subject of inquiry,......... 1 6
Power not to be suspended or impaired.. 1 6
Power to find indictments.............. 1 6
Testimony concerning official duties,
effect or refusal to give............ 1 6
Waiver of immunity, effect of refusal
to sign.............................. 1 6
Selection,
Drawing, etc. by private or local bill
prohibited........................... 3 17
New York city, powers of county clerks. 13 13(a)
GUARANTY (see also "Rights and
Privileges"):
Low rent housing, corporation indebted-
ness, computation of liability,.......... 18 7
Interest on indebtedness of public
corporation.......................... 18 2
GUARDIANS:
Family court, jurisdiction............... 6 13(b)(7)
Delinquent, etc., children, religious
persuasion to control guardianship..... 6 32
HABEAS CORPUS:
Proceedings for the determination of the
custody of minors, jurisdiction of
family court, in certain cases......... 6 13(c)
-- 168 --
INDEX
Art. Sec.
Suspension prohibited, exceptions........ 1 4
HAMILTON COUNTY:
Abolition, power of legislature to
provide................................ 3 5
Annexation of territory, legislature may
provide................................ 3 5
Assembly members, election, to join with
Fulton county.......................... 3 5
Town of Arietta, exchange of certain
forest preserve lands, authorized.... 14 1
HEALTH AND SAFETY:
Children, power of legislature to
provide................................ 7 8
Employees, legislative power to enact
laws. 1 18
....................................... 13 14
Local governments, power to adopt and
amend local laws....................... 9 2(c)
Municipalities, authorization of
indebtedness for health service for
children............................... 8 1
Protection and promotion, matters of
public concern......................... 17 3
HEALTH, DEPARTMENT OF:
Head of department, appointment and
removal................................ 5 4
HIGHWAYS (see also "Private Roads"):
Condemnation, excess taking by cities
and counties........................... 1 7
Federal aid interstate highway,
construction in forest preserve
authorized............................. 14 1
Forest preserves, construction and
relocation by state permitted.......... 14 1
Grade crossing elimination bonds, use
of proceeds............................ 7 14
Laying out, etc. or discontinuing by
private or local bill prohibited....... 3 17
Private roads, opening, determination
by jury................................ 1 7
HOME RULE:
Local governments, general provisions
relating to............................ 9 1-3
HOMES FOR DEPENDENT CHILDREN:
Municipalities, authorization of
indebtedness for education and
maintenance............................ 8 1
HORSE RACES:
Pari-mutuel betting, authorization....... 1 9
HOURS OF LABOR:
-- 169 --
INDEX
Art. Sec.
Civil division of state, legislature
may regulate........................... 13 14
Local governments, adoption and
amendment of local laws................ 9 2(c)
Public works, limitation................. 1 17
HOUSES:
Searches and seizures, prohibition
against unreasonable................... 1 12
HOUSING:
Acquisition and use of excess property... 18 8
Acquisition of property, manner.......... 18 9
Bonds, repayment of state debts
contracted in anticipation thereof..... 7 9
Conditions to loans by state............. 18 6
Constitution, construction of
article................................ 18 10
Contracts,
State subsidies, legislature may
provide.............................. 18 2
Submission of law authorizing payment
of subsidies......................... 18 3
Subsidies to public corporation
authorized........................... 18 2
Cooperation with United States
authorized............................. 18 2
Debts,
Amount, local debt..................... 18 4
Annual charges for repayment........... 18 3
Assessed valuation, amount based on.... 18 4
Cities,
Exclusions in determining debt
limitation......................... 18 4,5
Pledge of faith and credit........... 18 4
Contracts, authorization............... 18 2
Determination of exclusions by
supreme court........................ 18 4
Exclusions, conditions................. 18 4
Limitations, legislative power......... 18 3,4
Referendum when required............... 18 3
State debt,
Loans, for housing..................... 18 3
Payment, optional method............... 18 3
Temporary financing, repayment......... 7 9
Time limit for repayment of temporary
debts in
anticipation of bond sale............ 7 9
Submission to people of laws
authorizing, when not required....... 18 3
Terms of repayment..................... 18 3
Towns,
-- 170 --
INDEX
Art. Sec.
Exclusions in determining debt limita-
tion................................. 18 4,5
Pledge of faith and credit............. 18 4
Villages of 5,000 or more,
Exclusions in determining debt limita-
tion................................. 18 4,5
Pledge of faith and credit............. 18 4
Election,
Indebtedness for housing purposes.... 18 3
Subsidies, contracts for, submission
of laws authorizing................ 18 3
Eminent domain,
Acquisition of property.............. 18 9
Excess taking of property, use....... 18 8
Power, grant to city, etc. author-
ized............................... 18 2
Enabling legislation................... 18 10
Excess property, improvement, use and
disposition.......................... 18 8
Federal aid, acceptance authorized..... 18 2
Franchise, legislative power over corpor-
ations regulated as to disposition... 18 2
General provisions..................... 18 1-10
Gift, acquisition of property.......... 18 9
Guaranty of interest on indebtedness
of public corporation................ 18 2
Indebtedness (see "Debts" under
"Housing").
Installments of debt, payment.......... 18 3
Interest, state loans to public
corporation, liability of munici-
palities............................. 18 5
Lease of excess property............... 18 8
Limitation on contracts for payment of
periodic subsidies................... 18 3
Limited dividend corporations,
legislative power over............... 18 2
Loans by state,
Municipalities....................... 18 2
Public corporation, liability of
municipality........................ 18 5
Low rent housing, legislature may
provide.............................. 18 1
Manner of acquisition of property...... 18 9
Multiple dwellings, loans to owners
for rehabilitation................... 18 2
Occupancy restricted to persons of low
income............................... 18 6
Plans, state loan, conditions.......... 18 6
Pledge of faith and credit by city or
-- 171 --
INDEX
Art. Sec.
village of 5,000 or more for payment
of indebtedness...................... 18 4
Preference in occupancy of projects.... 18 6
Private business or enterprise, state
or local governments, construction of
article.............................. 18 10
Public corporation,
Acquisition and use of excess
property........................... 18 8
Acquisition of property.............. 18 9
Debt, guaranty, liability,
computation........................ 18 7
Definition........................... 18 2
Municipality, liability for repayment
to state........................... 18 5
Subsidy to avoid default on state
loan prohibited.................. 18 5
Recreational facilities, legislature
may provide........................ 18 1
Referendum, law authorizing contracts
for payment of subsidies........... 18 3
Re-planning, legislature may
provide............................ 18 1
Sale,
Excess property acquired........... 18 8
Property acquired by purchase...... 18 9
Slum clearance, legislature may
provide............................ 18 1
State,
Debt,
Loans for housing.................. 18 3
Payment, optional method............. 18 3
Loans, conditions.................. 18 6
Private business or enterprise,
article not construed to authorize. 18 10
Subsidies,
Additional, to remedy or avoid
default prohibited................. 18 5
Additional conditions, legislature
may provide........................ 18 6
Conditions........................... 18 6
Debt, amounts included in ascer-
taining............................ 18 3
Default on loans..................... 18 5
Maximum payments..................... 18 3
Municipalities,
Authorization by legislature....... 18 2
Determination of power to contract
indebtedness..................... 18 4
Liability, ascertainment........... 18 4
-- 172 --
INDEX
Art. Sec.
Period............................. 18 4
Projects for which granted......... 18 6
Public corporations, authoriza-
tion............................. 18 2
Submission of law authorizing
contracts........................ 18 3
Termination of payments............ 18 3
Supreme court, jurisdiction to
determine indebtedness of
municipality......................... 18 4
Taxes,
Contracts by municipalities
exceeding limit of indebtedness.... 18 4
Exemption, authorization............. 18 2
United States, aid and cooperation,
authorization........................ 18 2
HUSBAND AND WIFE:
Crimes and offenses between,
jurisdiction of family court........... 6 13(b)(7)
Divorce prohibited except by judicial
proceedings............................ 1 9
Support, jurisdiction of family
court, certain cases................... 6 13(c)
IDENTIFICATION OF VOTERS (see
"Elections").
ILLITERACY:
Identification of voter, signature not
required............................... 2 7
Voting disqualification.................. 2 1
IMMUNITIES (see also "Rights and
Privileges"):
Exclusive grant to persons, etc. by
private or local bill prohibited....... 3 17
IMMUNITY FROM PROSECUTION:
Court on the judiciary, authority to
grant.................................. 6 22(f)
Public officer, penalty for failure to
sign waiver............................ 1 6
IMPEACHMENT:
Assembly to have power................... 6 10,24
Court for trial,
Assembly members, additional allowance
for service as managers................ 3 6
Compensation for service as member or
manager. 3 6
Composition.............................. 6 24
Concurrence necessary for conviction..... 6 24
Governor, trial against, neither
lieutenant-governor nor temporary
president to serve..................... 6 24
-- 173 --
INDEX
Art. Sec.
Judgment upon conviction, extent......... 6 24
Lieutenant-governor, trial against,
persons excluded from membership....... 6 24
Oath of members.......................... 6 24
Senators, additional allowance for
service as members..................... 3 6
Criminal liability, persons impeached.. 6 24
Governor, lieutenant-governor to act... 4 5
Governor's power to pardon, etc.,
inapplicable......................... 4 4
Indictment by grand jury unnecessary... 1 6
Judicial officers, suspension until
acquittal............................ 6 24
Liability to indictment and punishment
unaffected........................... 6 24
Lieutenant-governor as acting
governor............................. 4 5
Majority vote of Assembly required..... 6 24
Removal and disqualification for public
office on conviction................. 6 24
Reprieves, commutations and pardons not
applicable........................... 4 4
Temporary president of senate as acting
governor............................. 4 6
IMPROVEMENT DISTRICTS:
Counties, creation, conditions........... 8 3
Towns, creation, conditions.............. 8 3
IMPROVEMENTS (see also "Municipalities"):
Buffalo, additional debts excluded in
computing limitation................... 8 6
Canals, legislature to provide........... 15 3
Forest lands, construction of reservoirs. 14 2
Grade crossing elimination,
authorization for state debt........... 7 14
Low rent housing, loans by municipal-
ities.................................. 18 2
Municipalities,
Exclusions in computing debt
limitation........................... 8 5-7a
Exclusions in computing tax limita-
tion................................. 8 11
Revenues, application and use........ 8 5,10-a
New York city, exclusion of additional
indebtedness in computing limitation... 8 7-7a
Nursing homes, loans by municipalities... 18 2
Rochester, additional debts excluded in
computing limitation................... 8 6
State debts, authorization............... 7 14
Syracuse, additional debts excluded in
-- 174 --
INDEX
Art. Sec.
computing limitation................... 8 6
INCOME:
Intangible personalty, consideration in
computing excise tax................... 16 3
State sinking funds, application of
excess income.......................... 7 15
INCORPORATORS:
Dues, security........................... 10 2
INDEBTEDNESS:
Cities (see "Cities").
Counties (see "Counties").
Education (see "Education").
Low rent housing corporations (see
"Housing").
Municipalities (see "Municipalities").
Nursing homes (see "Nursing Homes").
Public corporations (see "Public
Corporations").
Public housing corporations (see "Housing").
School districts (see "School
Districts").
Sewage facilities (see "Municipalities").
Slum clearance (see "Housing").
State (see "State").
Towns (see "Towns").
Village (see "Villages").
INDIAN COURTS:
Continued................................ 6 31
Judiciary article inapplicable........... 6 31
INDIAN LANDS (see "Lands").
INDICTMENT:
Capital offenses, requirement............ 1 6
Impeachment, liability unaffected........ 6 24
Infamous crime, requirement.............. 1 6
Libel (see "Libel").
Prosecution, when required............. 1 6
Public officers, misconduct, power of
grand jury........................... 1 6
Unaffected by action of court on the
judiciary............................ 6 22(c)
INDIVIDUALS (see "Persons").
INDUSTRIAL PLANTS:
Rehabilitation,
Indebtedness, guaranty by state.......... 10 7
Loans by state, authorized............... 7 8
INFAMOUS CRIME (see "Crimes").
INFANTS (see "Children").
INFORMATION:
Public officers, power of grand jury to
-- 175 --
INDEX
Art. Sec.
direct filing for misconduct........... 1 6
INJUNCTION:
Conservation, violation of
constitutional provisions.............. 14 4
State comptroller, payment and refund of
state moneys without audit............. 5 1
INSANE PERSONS:
Care and treatment, legislature to
provide................................ 17 4
INSPECTION:
Criminal institutions, state
commission of correction............... 17 5
Institutions generally................... 17 2
Legislature, power to provide............ 17 6
Mental institutions, head of
department of mental hygiene........... 17 4
INSTITUTIONS (see also "Public
Institutions"):
Children committed, consideration of
religious persuasion................... 6 32
Criminal................................. 17 5
Local, or higher education, state aid.... 7 19
Mental................................... 17 4
Social welfare (see "Social Welfare")
Visitation and inspection................ 17 2-6
INSURANCE:
Unemployment insurance, power of
legislature to provide................. 7 8
Workers' compensation, power to enact
laws................................... 1 18
INSURANCE, DEPARTMENT OF:
Head of department, appointment and
removal................................ 5 4
INSURRECTION:
Power to contract debts to suppress...... 7 10
INTANGIBLES:
Taxation, situs for purposes............. 16 3
INTERCEPTION:
Telephone and telegraph
communications, freedom against unrea-
sonable................................ 1 12
INTEREST:
Grade crossing elimination,
reimbursement of state by railroad..... 7 14
Municipalities, appropriations for
payment................................ 8 2
Notes for state's indebtedness........... 7 9
Public corporation, guaranty by
municipality........................... 18 2
Rate not to be regulated by private or
-- 176 --
INDEX
Art. Sec.
local bill............................. 3 17
State debts,
Contracted in anticipation of bond
issue................................ 7 9
Setting apart funds for payment........ 7 16
INTERLOCUTORY JUDGMENTS:
Affirmance, reversal or modification
by appellate courts.................... 6 5(a)
INTERMEDIATE ORDERS:
Affirmance, reversal or
modification by appellate courts....... 6 5(a)
INTOXICATION:
Injuries to employees non- compensable... 1 18
INVASION:
Habeas corpus, suspension of writ or
order................................... 1 4
Power to contract debts to repeal........ 7 10
INVESTMENT:
State sinking funds...................... 7 15
JAILS (see "Correctional Institutions,"
"Prisons," "Reformatories").
JEFFERSON COUNTY:
Special county judge, office abolished,
judge to be judge of family court for
remainder of term...................... 6 35(g)
JEOPARDY:
Freedom from double jeopardy for same
offense................................ 1 6
JOINT STOCK COMPANIES (See "Corporations").
JOURNALS OF LEGISLATURE (See also
"Assembly," "Senate", "Legislature"):
Ayes and nays on final passage of bills,
entry.................................. 3 14,23
Governor's objections to bills to be
entered................................ 4 7
Keeping and publication by each house.... 3 10
Reconsideration of bills, entry of
names of members voting................ 4 7
Removal of judges and justices,
Charges to be entered.................. 6 23(c)
Yeas and nays to be entered............ 6 23(c)
Three-fifths quorum, requirement for
certain bills, entry of ayes and nays
on passage............................. 3 23
JUDGES AND JUSTICES (see also specific
courts):
Administrative board, judicial
conference, certain judges to be
members thereof........................ 6 28
Age limit, certain, exceptions........... 6 25(b)
-- 177 --
INDEX
Art. Sec.
Appellate division, power to remove
certain judges......................... 6 22(i)
Arbitrator, prohibition against acting
as..................................... 6 20(b)(4)
Armed forces, service permitted.......... 6 20(b)(1)
Assignments, temporary................... 6 22(a-k)
Attorney and counselor, admission as,
for eligibility to courts of record.... 6 20(a)
Compensation, certain judges............. 6 25(a)
Constitutional convention, eligibility
for service............................ 6 20(b)(1)
Courts, certain, abolished, judges to
be judges of certain other courts...... 6 35(b,c,d,g,i)
Education, certain judges and justices
not admitted to practice law........... 6 20(c)
Eligibility, certain judges.............. 6 20(a)
Law, prohibition against practice........ 6 20(b)(4)
Legislature, to provide qualifications
and restrictions in case of certain
judges................................. 6 20(c)
Liability to indictment and punishment
unaffected by actions of the court on
the judiciary.......................... 6 22(c)
Mediator, prohibition against acting as.. 6 20(b)(4)
Military service, permitted.............. 6 20(b)(1)
Political organization, prohibition
against holding office therein......... 6 20(b)(3)
Prohibitions............................. 6 20(b)(1-4)
Public office, prohibition against
holding................................ 6 20(b)(1)
Qualifications, certain judges............. 6 20(a)
Referee, prohibition against acting as..... 6 20(b)(4)
Removal for cause,
Appellate division..................... 6 22(i)
Court on judiciary..................... 6 22(a)
Legislature............................ 6 23(a)
Senate................................. 6 23(b)
Restrictions........................... 6 20(b)(1-4)
Retirement for age..................... 6 25(b)
Retirement for disability.............. 6 22(a,i)
Vacancies,
Appellate division..................... 6 4(d)
Court of appeals..................... 6 2(c)
Other courts......................... 6 21(a-d)
JUDGEMENT:
Death sentence, direct appeal to court
of appeals,............................ 6 3(b)
Review by court of appeals, scope...... 6 3(a)
Impeachment, removal from and disqualifi-
-- 178 --
INDEX
Art. Sec.
cation to hold public office........... 6 24
JUDGMENT OF PEERS:
Prohibition against disfranchisement or
deprivation of rights except by........ 1 1
JUDICIAL CONFERENCE:
Administrative board,
Composition.............................. 6 28
Functions................................ 6 28
Standards and policies for courts,
power to establish..................... 6 28
Supervision of courts.................... 6 28
JUDICIAL DEPARTMENTS:
Alteration of boundaries, number not to
be increased........................... 6 4(a)
Boundaries, lines of judicial districts
to constitute.......................... 6 4(a)
Divisions of state....................... 6 4(a)
JUDICIAL DISTRICTS:
Alteration............................... 6 6(b)
Boundaries, county lines to constitute... 6 6(b)
Composition.............................. 6 6(a)
Number, increase or decrease, power of
legislature............................ 6 6(b)
JUDICIAL OFFICERS (see also "Judges and
Justices"):
Age limit................................ 6 25(b)
Attorney and counsellor, qualification
for service in courts of record........ 6 20(a)
Compensation, establishment by law,...... 6 25(a)
Not to be diminished during term....... 6 25(a)
Disqualification for other public office. 6 20(b)(1)
Impeachment (see also "Impeachment"),
Prohibition against exercise of
duties until acquittal.............. 6 24
Liability to indictment and punishment
unaffected by action of court on
judiciary............................ 6 22(c)
Oath of office......................... 13 1
Removal from office for cause,
By court on the judiciary............ 6 22(a)
By senate on recommendation of
governor........................... 6 23(b)
Retirement for disability............ 6 22(a,i)
JUDICIAL PROCEEDINGS:
Abolished courts, transferred to
certain other courts.................... 6 35(b,e,f,h,i)
Action for wrongful death,
Damages recoverable, amount not
subject to statutory limitation......... 1 16
Existing, not to be abrogated............. 1 16
-- 179 --
INDEX
Art. Sec.
Divorce prohibited except by............ 1 9
Pending, on effective date of judiciary
article, Continuation and transfer.... 6 36
Hearing and determination................. 6 34(a)
Preferred causes, cases involving
apportionments.......................... 3 5
Transfer, from certain courts to certain
other courts............................ 6 19(a-i)
JUDICIARY:
Appropriations subject to governor's
approval............................... 7 4
Budget, estimates of needs, transmission
to governor............................ 7 1
Court on the judiciary................... 6 22(a-h)
General provisions relating to........... 6 1-37
JUDICIARY ARTICLE:
Actions and proceedings, pending on
effective date, disposal............... 6 34(a),36
Appeals, pending on effective date,
disposal............................... 6 34(a)
....................................... 35(m,n),36
Effective date................ .......... 6 37
JUDICIARY, COURT ON (see "Court on the
Judiciary").
JURISDICTION (see also specific courts):
Law and equity, legislative power to
alter and regulate..................... 6 30
JURORS:
Grand jurors,
Powers of certain county clerks........ 13 13(a)
Selection or empaneling by private or
local bill prohibited.............. 3 1
Petit jurors,
Powers of certain county clerks........ 13 13(a)
Selection or empaneling by private
or local bill prohibited........... 3 17
JURY:
Condemnation of property, compensation
to be fixed by......................... 1 7
County clerks in New York city, powers
and duties............................. 13 13(a)
Drawing (see "jurors").
Empaneling (see "Jurors").
Five-sixths verdict in civil cases....... 1 2
Guaranty of trial by..................... 1 2
Libel, criminal prosecutions, triers of
law and fact........................... 1 8
Private roads, necessity for opening
and amount of damage, determination.... 1 7
Selection (see "Jurors").
-- 180 --
INDEX
Art. Sec.
Trial by jury to remain inviolate........ 1 2
Trial without jury, offenses of grade
of misdemeanor, authorization.......... 6 18(a)
Verdict in civil cases by five-sixths
vote................................... 1 2
Waiver of jury trial, legislative
power to enact laws.................... 1 2
Workers' compensation, determination
of issues with or without.............. 1 18
JURY TRIAL (see "Jury").
JUST COMPENSATION:
Condemnation of property for public use.. 1 7
JUSTICES OF THE PEACE (see also "Justices
of the Peace" under "Legislature").
Legislative functions on town boards,
power of legislature to abolish........ 6 17(c)
JUVENILE DELINQUENTS(see "Children").
KINGS COUNTY:
County court,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred to
supreme court........................ 6 35(b)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be justices of supreme court
for remainder of term................ 6 6(d), 35(b)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned to
certain courts....................... 6 35(l)
Records, disposal thereof.............. 6 35(a)
Seal, disposal thereof................. 6 35(a)
LABOR:
Collective bargaining, protection of
right.................................. 1 17
Commodity or article of commerce,
not to be considered 1 17
....................................... 1 18
Employees, lives, health and safety,
laws for protection.................... 9 2(c)
...................................... 13 14
Local governments, adoption and
amendment of local laws................ 9 2(c)
Organization, protection of right........ 1 17
Prison labor,
Contract system abolished.............. 3 24
Occupation and employment of prisoners. 3 24
Public works,
Days and hours, limitation............. 1 17
Prevailing rate of wages to be paid.... 1 17
Representatives, right of selection...... 1 17
-- 181 --
INDEX
Art. Sec.
Right to organize and bargain
collectively........................... 1 17
Workers' compensation, system, laws...... 1 18
LABOR DEPARTMENT OF:
Head of department, appointment and
removal................................ 5 4
LABOR RELATIONS (see "Labor").
LABOR REPRESENTATIVES:
Right of selection by employees.......... 1 17
LABOR UNIONS (see "Labor").
LANDS:
Assessment and taxation of,
comptrollers powers.................... 5 1
Canal (see "Canals").
Drainage (see "Drainage", "Drainage
Systems").
Excess condemnation by cities and
counties for certain purposes.......... 1 7
Forest preserve (see "Conservation").
Lowlands and swamps, drainage by
private or local bill prohibited....... 3 17
Private roads,
Damage from opening, determination
by jury................................ 1 7
Necessity for opening, determination
by jury................................ 1 7
Opening, manner.......................... 1 7
Persons benefited to pay damage
and expense............................ 1 7
Swamp or agricultural, drainage,
Compensation for property taken........ 1 7
Construction of drains, ditches
and dykes............................ 1 7
Private or local bills prohibited...... 3 17
Property, use.......................... 1 7
Use of ditches and dykes on lands
of others............................ 1 7
LARCENY:
Petit, prosecution by indictment
unnecessary............................ 1 6
LAW, DEPARTMENT OF:
Attorney-general to be head.............. 5 4
LAW, PRACTICE OF:
Prohibition in case of certain judges.... 6 20(b)(4)
LAW OF LAND:
Citizen not to be disenfranchised or
deprived of rights except by........... 1 1
LAW OF STATE (see "State").
LAWS:
Enactment................................ 3 13
-- 182 --
INDEX
Art. Sec.
Equal protection, guaranty............... 1 11
Existing law not to be made applicable
by reference........................... 3 16
Federal laws, reference thereto
authorized in cases of certain taxes... 3 22
Governor to execute faithfully........... 4 3
LEASES:
Canals, prohibition,..................... 15 1
Exceptions............................. 15 2
Forest preserves, prohibition............ 14 1
Low rent housing project, excess
property acquired...................... 18 8
Reforestation, lands acquired............ 14 3
Wild life conservation, lands acquired... 14 3
LEGISLATIVE SESSIONS:
Annual, time for commencement............ 13 4
Extraordinary............................ 4 3
LEGISLATURE:
Absentee voting,
Generally.............................. 2 2
Actions and proceedings (see "Actions
and proceedings" under "Powers").
Additional surrogate, may provide........ 6 12(a)
Adjournment,
More than two days, consent of both
houses required...................... 3 10
No bill to become law after, without
approval by governor................. 4 7
Allowances to members for services as
officers or in special capacities...... 3 6
Annual meeting, time..................... 13 4
Appeals (see "Appeals" under "Powers").
Appellate division (see "Appellate
division" under "Powers").
Appellate term (see "Appellate term
under "Powers").
Apportionment of assembly members (see
"Apportionment").
Appropriations (see also
"Appropriations"),
Bills,
Amendment or alteration when
submitted by governor.............. 7 4
Approval by governor, when required,
Appropriation bills, generally..... 4 7
................................. 7 6
Budget bills....................... 7 4,6
Appropriating public moneys for
local or private purposes,
two-thirds vote required........... 3 20
-- 183 --
INDEX
Art. Sec.
Certificate of necessity for
immediate passage of new bills..... 7 5
Effective after passage without
action by governor................. 7 4
Items, approval of some and
disapproval of others.............. 4 7
Passage over veto of items
objected to........................ 4 7
Restriction on consideration of
certain............................ 7 5
Restriction on content of certain.... 7 6
Separate bill for each
appropriation, when required,
exceptions......................... 7 6
Specification of sum, object and
purpose of appropriation,
requirement........................ 7 7
Three-fifths quorum required for
passing............................ 3 23
Two-thirds vote required for
passing certain.................... 3 20
Claims against state, appropriation
to pay............................... 3 19
Contribution to state sinking funds.... 7 16
Court on the judiciary, expenses....... 6 22(h)
Estimates by departments to governor... 7 1
..................................... 4 7
Governor, approval of appropriation
bills................................ 7 4,6
Housing, low rent, etc.,
appropriations from general fund..... 18 2
Judiciary, appropriations,
Approval of bills by governor........ 7 4
Restrictions on amendment
inapplicable....................... 7 4
Legislature, appropriations,
Approval of bills by governor........ 7 4
Restrictions on amendment
inapplicable....................... 7 4
Moneys not to be paid out except by.... 7 7
New bill, restriction on consideration
prior to action on governor's
bills, exception..................... 7 5
Reforestation, appropriations.......... 14 3
State debts, payment,.................. 7 16
Failure to make, comptroller to set
apart revenues..................... 7 16
State sinking funds,................... 7 15
Failure to make, comptroller to
set apart revenues................. 7 16
-- 184 --
INDEX
Art. Sec.
Sums not to be fixed by reference
to other laws........................ 7 7
Supplemental appropriation bills,
Submission by governor............... 7 3
Support of government, separate
bills not required................. 7 6
Three-fifths quorum required for
passing.............................. 3 23
Time for payment....................... 7 7
Two-thirds vote required for passing
certain.............................. 3 20
Veto of items, reconsideration and
passage.............................. 4 7
Wild life conservation, appropriations. 14 3
Assembly (see "Assembly").
Assembly districts (see "Assembly
Districts").
Assembly members (see "Assembly
members").
Attorney-general, vacancy in office,
filling................................ 5 1
Banking, special charters, prohibition
against................................ 10 3
Betting on horse races, pari-mutuel,
authorization.......................... 1 9
LEGISLATURE:
Bills ((see also "Bills"),
Amendment by one house of bills passed
by other, ........................... 3 12
Not allowed on last reading............ 3 14
Appropriation (see "Bills" under
"Legislature, Appropriations").
Approval by governor before becoming
law.................................. 4 7
Assent of majority of each house
required for passing................. 3 14
Ayes and nays on final passage, entry
on journal........................... 3 14
Claims or demands of state, bills
releasing, three-fifths quorum
for passage.......................... 3 23
Creation of debt, three-fifths quorum
for passage.......................... 3 23
Desks of members, to remain for three
calendar legislative days............ 3 14
Enacting clause........................ 3 13
Enactment of laws by bills only........ 3 13
Existing laws not to be made
applicable by reference 3 16
Failure of governor to return
-- 185 --
INDEX
Art. Sec.
within time allowed.................. 4 7
Final adjournment, no bill
to become law after, without
approval of governor................. 4 7
Final passage,
Ayes and nays to be taken............ 3 14
Conditions, exceptions............... 3 14
Majority vote required............... 3 14
Veto, passage over,
two-thirds vote required........... 4 7
Yeas and nays to be taken
on certain bills and entered
on journals........................ 3 23
Form, final, to be printed,
exception............................ 3 14
Governor, action after passage... 3 12
Introduction........................... 3 12
Journal, entry of ayes and nays
on final passage..................... 3 14
Last reading, no amendment permitted... 3 14
Law enacted only by bill............... 3 13
Law, existing, not to be made
applicable by reference.............. 3 16
Law, when bills to become, without
signature of governor................ (4 7
..................................... (5 4
Local (see "Private and local" under
"Legislature, Bills").
Messages required for passage
(see "Bills").
Origination in either house............ 3 12
Passage (see "Final Passage" under
"Legislature, Bills").
Presentation to and approval by
governor............................. 4 7
Printing, requirement.................. 3 14
Private and local (see also "Local
Laws," "Special Laws"),
Cases in which not authorized...... 3 17
Embracing more than one subject
prohibited....................... 3 15
Statutory revision bills, excepted
from restrictions against........ 3 21
Title, subject matter to be
expressed........................ 3 15
Procedure for passing.................. 3 14
Reconsideration after veto........... 4 7
Statutory revisions, certain
restrictions inapplicable to
bills effecting.................... 3 21
-- 186 --
INDEX
Art. Sec.
Tax, three-fifths quorum required
for passage........................ 3 23
Time for approval by governor........ 4 7
Veto by governor,
Passage over veto upon
reconsideration.................. 4 7
Return to house of origin
with objections.................. 4 7
Vote required for final passage
(see "Bills").
Board of supervisors (see "Board of
Supervisors")
Bonus (see "Bonus").
Budget (see "Budget").
Canals (see "Canals").
Capital improvements, New York city
determination as to exclusion from
tax limitation......................... 8 11
Cases prosecutable otherwise than
by indictment of grand jury,
authority to regulate.................. 1 6
Cities (see "Cities").
Citizenship requirement for service
as member.............................. 3 7
City-wide courts, New York city (see
"City-wide courts, New York city
under "Duties," "Powers" and
"Restrictions").
City courts, outside New York city
(see "City courts, outside New York
city" under "Duties" and "Powers").
City of New York (see "New York City"
under "Legislature").
Civil service and veterans'
preferences (see "Civil Service").
Claims against state (see "Claims
against state" under "Powers"
and "Restrictions").
Commencement of term..................... 13 4
Common and statute law of colony of
New York, alteration................... 1 14
Commutations by governor................. 4 4
Compensation, allowances and traveling
expenses of members.................... 3 6
Compensation of judicial officers
retired for disability................. 6 2(c)
Comptroller, vacancy in office filling... 5 1
Condition of state, transmission of
message at each session................ 4 3
Condemnation of private property
-- 187 --
INDEX
Art. Sec.
(see "Eminent Domain").
Conservation (see "Conservation")
Constitutional amendments (see
"Constitutional Amendments").
Constitutional conventions (see
"Constitutional Conventions").
Contractors,
Employees, safety and welfare........ (1 18
.....................................(13 14
Corporations (see "Corporations").
Counties (see also "Counties"),
Alternative forms of government...... 9 1(h)
Division of power affected by
restriction on assembly districts.... 3 5
Legislative power over................. 9 1-3
Local laws affecting,
Enactment on certificate of
necessity by governor.............. 9 2(b)
Executive officer, request........... 9 2(b)
When not required.................. 9 2(b)
Organization and government.......... 9 2(b)
Special or local laws affecting,
prohibition against, exceptions.... 9 2(b)
County courts (see "County courts"
under "Powers").
County court judges (see "County
court judges" under "powers" and
"Restrictions").
County officers (see County Officers").
Court of appeals (see also "Court
of appeals" under "Powers" and
"Restrictions").
Judges,
Removal from office................. 6 23(a)
Temporary, during military service
of elected judges................... 6 20(b)(1)
Jurisdiction, authority to restrict... 6 3(b)(8)
Right to appeal to, authority to
restrict............................. 6 3(b)(8)
Court of claims (see "Court of claims"
under "Powers" and "Restrictions").
Court of general sessions, New York
county (see "General Sessions").
Court on the judiciary (see also
"Court on the judiciary" under
"Powers" "Duties" and
"Restrictions"),
Additional powers, right to
confer............................... 6 22(g)
Expenses, duty to provide............ 6 22(h)
-- 188 --
INDEX
Art. Sec.
Removal charges before, notice
to legislature..................... 6 22(e)
Stay of proceedings before,
pending determination of identical
charges............................ 6 22(e)
Courts of record (see "Courts of
record" under "Powers").
Criminal cases, appeals from
judgments, provision................. 6 3(b)
Criminals,
Institutions, provision............ 17 5
Probation and parole, provision.... 17 5
Debts, state, appropriations for
payment of principal and interest.... 7 16
Defense and protection of state,
to provide........................... 12 1
District courts (see "District courts"
under "Duties" "Powers" and
"Restrictions").
Disqualifications for membership
(see "Assembly," "Assembly
members," "Senate," "Senators"),
Divorce, prohibition against grant..... 1 9
Doors of each house to be kept open,
exception............................ 3 10
Duties (see also "Powers,"
"Restrictions" under "Legislature"),
Absentee voting, generally......... 2 2
Agriculture and markets, head of
department, manner of
appointment, to prescribe........ 5 4
Annual session, duty and time
of assembly...................... 13 4
Assembly members, apportionment, to
provide.......................... 3 5
Attorney-general, filling vacancy
in office, to provide............ 5 1
Bingo, to enact laws to regulate... 1 9
Bribery of public officers, payment
by state of county expenses
of prosecution, to provide....... 13 13(b)
Canals, expenses of superintendence
and repairs, annual
appropriations................... 15 3
Children, jurisdiction over
adoption, guardianship, etc., to
consider religious persuasion.... 6 32
Cities,
Organization, to provide......... 9 2(a)
Power to contract indebtedness,
-- 189 --
INDEX
Art. Sec.
method of determining
exclusions for housing
purposes, to prescribe......... 18 4
Power to contract indebtedness,
manner of determining
exclusions for education
purposes, to prescribe......... 8 4
Powers of taxation, assessment,
borrowing money, etc., to
restrict....................... 8 12
City court, New York city, to
provide that justices be judges
of city-wide court of civil
jurisdiction for remainder of
term............................. 6 35(c)
City courts, outside New York city,
Judges,
General provisions relating
thereto, to prescribe........ 6 17(d)
Qualifications, to prescribe... 6 20(c)
Restrictions, to prescribe..... 6 20(c)
Jurisdiction, to prescribe,
limitation..................... 6 17(a)
City-wide courts, New York city,
Establishment.................... 6 1(a),15(a)
Transfer thereto, judges of
abolished courts............. 6 35(c,d)
Civil service appointments and
promotions, to enact laws........ 5 6
Comptroller, filing vacancy in
office, to provide............... 5 1
Constitutional amendments,
Attorney-general, reference
for opinion.................... 19 1
Entry on journals with ayes
and noes....................... 19 1
Reference to legislature next
chosen and publication......... 19 1
Submission to people, manner
and time, to prescribe......... 19 1
Constitutional convention,
question on holding, submission.. 19 2
Counties,
Alternative forms of government,
to provide..................... 9 1(h)
Structure of government and
manner of functioning, to
set forth.................... 9 1(h)
Organization and government,
to provide..................... 9 2(a)
-- 190 --
INDEX
Art. Sec.
County officers, time for election,
to fix........................... 13 8
Court on the judiciary,
appropriations for expenses,
to make.......................... 6 22(h)
Defenses and protection of state,
to provide....................... 12 1
District courts,
Judges,
Qualifications................. 6 20(c)
Restrictions................... 6 20(c)
Doors of each house to be kept
open, exception.................. 3 10
Executive budget, procedure for
hearings and appearances, to
prescribe........................ 7 3
Expenses of courts,
Cost of operating and
maintaining, certain courts,
to allocate.................... 6 29(a)
Final determinations of
estimated financial needs of
certain courts borne by state,
to make........................ 6 29(c)
Submission of annual financial
needs to administrative
board of judicial conference
by certain courts, to provide.. 6 29(b)
Gambling, to enact laws to prevent. 1 9
General laws, cases in which
action must be taken by.......... 3 17
Governmental operations,
continuity during certain
emergencies, to provide.......... 3 25
Governor and lieutenant-governor,
Election by single vote
applicable to both offices,
to provide..................... 4 1
Housing, occupancy of projects, to
restrict and give certain
preference....................... 18 6
Journal of proceedings, each house
to keep and publish.............. 3 10
Judges and justices, certain, to
establish compensation........... 6 25(a)
Judicial conference, composition
and function, to provide......... 6 28
Judiciary article, to enact laws
to effectuate.................... 6 33
Lieutenant-governor and governor,
-- 191 --
INDEX
Art. Sec.
Election by single vote
applicable to both offices,
to provide..................... 4 1
Literature fund, revenues, to apply
for support of common schools
and libraries.................... 11 3
Lotto, to enact laws to regulate... 1 9
Magistrates' court, New York city,
abolished, to provide that justices
be judges of city-wide court of
criminal jurisdiction for remainder
of term.............................. 6 35(d)
Members, elections, returns and
Qualifications, each house to judge.. 3 9
Militia, minimum force, to maintain and
make annual appropriations........... 12 1
Militia, maintenance and regulation, to
provide.............................. 12 1
Municipal corporations, public
improvements and services, method of
determining exclusions from
indebtedness, to prescribe........... 8 5
Municipal court, New York city,
abolished, to provide that justices
be judges of city-wide court of
civil jurisdictions for remainder
of term.............................. 6 35(c)
Municipalities, equalization ratio for
tax limitation, manner of
determination, to prescribe.......... 8 10
Needy, care and support, to provide.... 17 1
New York city, method of determining
exclusions of indebtedness,
Dock purposes, to prescribe.......... 8 7
School purposes, to prescribe........ 8 7
Transit purposes, to prescribe....... 8 7a
Officers, each house to choose......... 3 9
Prisoners, labor, to provide........... 3 24
Protection of state, to provide........ 12 1
Public health, protection and
promotion, to provide................ 17 3
Public officers, certain,
Removal for misconduct, to provide... 13 5
Vacancies created by removal, to
provide for filling................ 13 5
Public offices, succession to powers
and duties during certain
emergencies, to provide.............. 3 25
Reservoirs on forest preserve lands,
charges for state operation, to
-- 192 --
INDEX
Art. Sec.
assess............................... 14 2
Rules of proceedings, each house to
determine............................ 3 9
Savings banks, powers, rights and
liabilities, to conform with general
laws................................. 10 3
School districts, certain,
Consolidated district, tax
limitation, to prescribe........... 8 10
Propositions to increase tax
limitation, qualifications for
voting, to prescribe............... 8 4,10
Schools, free common, maintenance and
support, to provide.................. 11 1
Senate districts, readjustment or
alteration, to provide............... 3 4
Sinking funds, contributions, to make
appropriations....................... 7 15,16
State boards and commissions, manner
of removal of members by governor,
to prescribe......................... 5 4
State comptroller, auditing powers
and duties, to define................ 5 1
Vacancy, to provide for filling...... 5 1
State debts, payment of interest and
principal, to make appropriations.... 7 16
State departments, heads, manner of
removal by governor, to prescribe.... 5 4
State departments and officers,
publication of rules and
regulations, to provide.............. 4 8
State enumeration, when to provide..... 3 4
Statute of local governments, to enact. 9 2(b)
Special sessions, New York city, to
provide that justices be judges of
city-wide court of criminal
jurisdiction for remainder of term... 6 35(d)
State officers, constitutional,
compensation, to fix................. 13 7
Taxation,
Assessments, supervision, review
and equalization, to provide....... 16 2
Laws delegating power, types of
taxes and review, to specify
and provide........................ 16 1
Town courts,
Judges,
General provisions relating
thereto, to prescribe............ 6 17(d)
Qualifications, to prescribe....... 6 20(c)
-- 193 --
INDEX
Art. Sec.
Restrictions, to prescribe......... 6 20(c)
Training and education, to
require for certain.............. 6 20(c)
Jurisdiction, to prescribe........... 6 17(a)
Towns,
Organization, to provide............. 9 2(a)
Power of taxation, assessment,
borrowing money, etc., to restrict. 8 12
Vacancies in office, to provide for
filling.............................. 13 3
Village courts,
Judges,
General provisions relating
thereto, to prescribe............ 6 17(d)
Qualifications, to prescribe....... 6 20(c)
Restrictions, to prescribe......... 6 20(c)
Training and education, to require
for certain...................... 6 20(c)
Jurisdiction, to prescribe........... 6 17(a)
Villages,
Organization, to provide............. 9 2(a)
Powers of taxation, assessment,
borrowing money, etc., to restrict. 8 12
Villages of 5,000 or more,
Housing indebtedness, method of
determining exclusion, to
prescribe.......................... 18 4
Voters, identification by signature,
to require, exceptions............... 2 7
Voting,
Exclusion from suffrage of persons
convicted of certain crimes, to
enact laws......................... 2 3
Right of suffrage and registration,
to enact laws...................... 2 5
Education (see also "Education"),
Certain persons, provision............. 7 8
School system, provision............... 11 1
Transportation of school children,
authorization........................ 11 3
Elections (see also "Elections"),
Absentee registration.................. 2 5
Absentee voting, to enact laws......... 2 2
Authority to provide................... 2 2
Bi-partisan boards to control.......... 2 8
Inapplicability to town and village
elections.......................... 2 8
Boards,
Equal representation of two major
political parties.................. 2 8
-- 194 --
INDEX
Art. Sec.
Existing laws to continue until
changed............................ 2 8
Officers constituting, nomination,
appointment and election........... 2 8
Conduct, secrecy of ballot preserved... 2 7
Permanent registration, systems,
authority to establish............. 2 6
Persons entitled to vote, laws for
ascertainment,....................... 2 5
Exclusion for disqualification, to
enact laws......................... 2 3
Persons excluded from right of
suffrage............................. 2 3
Registration of voters, laws,.......... 2 5
Personal application where
required............................ 2 5
Town and village, registration......... 2 5
Eminent domain (see "Eminent Domain").
Employees (see "Employees").
Enumeration of powers involving use of
state money or credit.................. 7 8
Not to diminish pre-existing powers.... 7 8
Expenditures, certain, determination as
to exclusion from tax limitation of
counties, cities, villages and
school districts....................... 8 11
Expenses of courts (see "Expenses of
courts" under "Duties").
Extraordinary sessions,
Governor, power to convene............. 4 3
Subjects recommended by governor,
action restricted.................... 4 3
Family court judges (see "Family court
judges" under "Powers" and
"Restrictions").
Final passage of bills (see "Bills").
Financial needs, estimates and
transmission to governor............... 7 1
Forest lands, use for reservoirs,
provision.............................. 14 2
Gambling, prevention, laws............... 1 9
General laws,
Action on enumerated subjects.......... 3 17
Drainage of swamp or agricultural
lands, construction and maintenance
of facilities, authorization......... 1 7
General provisions relating to........... 3 1-24
Governor (see also "Governor"),
Communications by message on condition
of state............................. 4 3
-- 195 --
INDEX
Art. Sec.
Duty to expedite all measures adopted.. 4 3
Recommendation of matters deemed
expedient............................ 4 3
Reprieves, commutations and pardons,
Duty to report details............... 4 4
Grand jury (see "Grand Jury").
Health and safety (see "Health
and Safety").
Highways (see "Highways").
Highways and parkways, use of proceeds
of bonds for elimination of grade
crossings.............................. 7 14
Horse races, pari-mutuel betting,
authorization.......................... 1 9
Housing (see also "Housing"),
Authority to provide for low rent
housing and slum clearance........... 18 1
Certain ventures prohibited............ 18 10
Debt, amount, without submission to
people............................... 18 3
Eminent domain, grant of power,........ 18 2
Excess condemnation, powers.......... 18 8
Exclusions from debt, method of
ascertaining......................... 18 4
Limitation on indebtedness............. 18 4
Local governments, powers.............. 18 2
Power to enact legislation............. 18 10
Regulations governing facilities....... 18 2
Subsidies, authorization............... 18 2
Conditions for granting.............. 18 6
Impeachment (See "Impeachment").
Income taxes, reference to federal laws
authorized............................. 3 22
Industrial plants, rehabilitation,
Indebtedness to provide, right to
authorize............................ 10 7
Loans to provide, right to authorize... 7 8
Journal of proceedings (see also
"Journals of Legislature"),
Ayes and nays on final passage of
bills to be entered.................. 3 14
Certain bills, yeas and nays on final
passage, entry....................... 3 23
Governor's objections to bills to be
entered.............................. 4 7
Keeping and publication by each house.. 3 10
Reconsideration of bills, names of
members voting to be entered......... 4 7
Removal of judges and justices,
Charges to be entered................ 6 23(c)
-- 196 --
INDEX
Art. Sec.
Yeas and nays to be entered.......... 6 23(c)
Judges and Justices (see "Judges and
justices" under "Duties," "Powers"
and "Restrictions").
Judicial departments (see "Judicial
Departments").
Judicial districts (see "Judicial
Districts").
Judicial officers (see also "Judges
and Justices"),
Election or appointment, certain,
time and manner, to direct........... 6 17(d)
Removal from office on recommendation
of governor.......................... 6 23(b)
Retired for disability, compensation... 6 22(c)
Judicial offices (see "Judicial offices"
under "Powers")
Jurisdiction and proceedings in law and
equity, alteration and regulation...... 6 30
Jury trial (see "Jury").
Justices of the peace (see "Justices of
the peace" under "Powers").
Law and equity, jurisdiction and
proceedings, alteration and regulation. 6 30
Law of state,
Acts of legislature constituting....... 1 14
Alteration............................. 1 14
Governor to execute faithfully......... 4 3
Legislative power vested in Senate and
Assembly............................... 3 1
Legislators ineligible for certain civil
appointments........................... 3 7
Loans,
Low rent housing projects, conditions.. 18 6
State money or credit, prohibition
against, exceptions.................. 7 8
Local bills (see "Bills" under
"Legislature").
Local laws (see "Local Laws," "Special
Laws").
Magistrates courts (see "Magistrates
courts" under "Duties").
Manufacturing plants, rehabilitation,
Indebtedness to provide, right to
authorize............................ 10 7
Loans to provide, right to authorize... 7 8
Members (see also "Assembly," "Assembly
members," "Senate," "Senators"),
Additional allowances for service as
officer or in any special capacity. 3 6
-- 197 --
INDEX
Art. Sec.
Appropriations for local or private
purposes, votes of two-thirds
necessary.......................... 3 20
Commissioner of deeds, eligibility
for appointment.................... 3 7
Compensation and allowances,......... 3 6
Constitution and laws to govern and
control.............................. 3 6
Continuance of existing until
changed............................ 3 6
Extra compensation prohibited........ 3 6
Fees or perquisites of office,
receiving for own use prohibited... 13 7
Not to be increased or diminished
during term........................ 3 6
Elections, returns and
qualifications, each house to judge.. 3 9
Elections, when held................... 3 8
Forfeiture of membership,
Acceptance of certain offices to
vacate seat........................ 3 7
Election to congress, acceptance to
vacate seat........................ 3 7
Ineligibility for certain civil
appointments......................... 3 7
Items of appropriation, passage over
veto, two-thirds vote required....... 4 7
National guard of state, not
disqualified for membership.......... 3 7
Naval militia of state, not
disqualified for membership.......... 3 7
Oath of office......................... 13 1
Office having no compensation, not
disqualified for appointment......... 3 7
Passage of bills over veto, two-thirds
vote required........................ 4 7
Quorum, majority to constitute,........ 3 9
Three-fifths required for passage of
certain bills...................... 3 23
Reserve forces of the United States,
not disqualified for membership...... 3 7
Salary, uniform, to be fixed........... 3 6
Speeches and debates, not to be
questioned........................... 3 11
Traveling expenses, reimbursement,
limitation........................... 3 6
Mental defectives, provision for care.... 17 4
Mental health, provision................. 17 4
Mentally ill, education and support,
provision.............................. 7 8
-- 198 --
INDEX
Art. Sec.
Messages required for final passage of
bills (see "Bills").
Militia (see also "Militia"):
Maintenance and regulation, duty to
provide.............................. 12 1
Municipal corporations, organization,
restrictions........................... 8 12
....................................... 9 3(c)
Municipal court (see "Municipal court"
under "Duties").
Municipalities (see also
"Municipalities"),
Authorization of payments to certain
institutions......................... 8 1
Government, enactment of laws.......... 9 1-2
Indebtedness,
Exclusions in computing debt
limitation....................... 8 7a
Method of ascertaining, power to
prescribe........................ 8 5
Incurring, power to restrict......... 8 12
Taxes,
Expenditures, certain, exclusion
from tax limitation................ 8 11
Levying, power to restrict........... 8 10,12
Limitation, agency and method to
determine equalization ratio,
right to prescribe................. 8 10
Needy, aid, care and support provision... 7 8
...................................... 17 1
New York city (see also "New York
City"),
Counties within, laws affecting
certain county offices prohibited,
exception............................ 13 13(c)
Message from governor required....... 13 13(c)
Two-thirds vote required............. 13 13(c)
Dock purposes, exclusion of
indebtedness......................... 8 7
Exclusion of certain indebtedness...... 8 7a
Officers or courts, reservation of
legislative power
School purposes, exclusion of
indebtedness......................... 8 7
Supreme court, jurisdiction to
determine,
Additional exclusions from
indebtedness....................... 8 7a
Dock indebtedness, when and how to
be excluded........................ 8 7
-- 199 --
INDEX
Art. Sec.
New York Port Authority, obligations
for railroad passenger equipment,
right to guarantee..................... 10 7
Nursing homes,
Authority to provide for
accommodations for persons of low
income............................... 18 1
Subsidies, authorization............... 18 2
Oath of members.......................... 13 1
Officers,
Additional allowances for services..... 3 6
Each house to choose................... 3 9
Pardons, communication by governor....... 4 4
Parole system, provision................. 17 5
Pensions, public, right to increase...... 7 8
Permanent personal registration,
systems, laws.......................... 2 6
Personnel, abolished courts,
assignment............................. 6 35(1)
Powers (see also "Duties,"
"Restrictions" under "Legislature"),
Absentee registration, to provide...... 2 5
Absentee voting, to provide............ 2 2
Actions and proceedings (see also
"Actions" and "Judicial
Proceedings"),
New classes, right to create and
provide for jurisdiction........ 6 7(b)
Transfer, certain, right to
provide............................ 6 19(a,c,g,h,i)
Verdicts and judgments, right to
provide that certain not subject
to monetary limitation............. 6 19(k)
Appeals (see also "Appeals").
Certain, right to provide for
transfer thereof................... 6 35(m)
Pending, certain courts, right to
provide for hearing and
determination.................... 6 34(a)
Appellate division, additional
jurisdiction, to prescribe........... 6 4(k)
Appellate term, right to provide
for appeals thereto.................. 6 8(e),11(d)
..................................... 34(a),35(m)
Apportionments, regulations for
judicial review, to prescribe........ 3 5
Assembly districts, division of
counties, time for assembly of
local boards, to prescribe........... 3 5
Assemblymembers, additional allowance
-- 200 --
INDEX
Art. Sec.
for services as managers of
impeachment, to fix.................. 3 6
Banking purposes, formation of
corporations and associations, to
provide by general laws.............. 10 3
Bills (see also "Bills" under
"Legislature"),
Right of each house to initiate
and amend.......................... 3 12
Vetoed, right to reconsider
and pass over veto................. 4 7
Bingo, right to regulate................. 1 9
Blind, education and support, to
provide................................ 7 8
Bonus, state debt, right to
create................................. 7 18
Canals (see also "Canals"),
Barge canal
Lease or transfer to federal
government, right to
authorize........................ 15 4
Lands and properties,
Disposition of unnecessary, right
to authorize..................... 15 2
Occupancy or use, revocable
permits, right to grant.......... 15 1
Use by public thruway
corporations, right to
authorize........................ 10 6
Manner of improvement, to
provide............................ 15 3
Navigation, laws and regulations
governing, right to enact.......... 15 3
Children,
Health and welfare services,
right to provide................... 7 8
Neglected and dependent, care
and support, right to provide...... 7 8
Transportation to and from any
school, right to authorize......... 11 3
Cities (see also "municipalities"
under "Legislature, Powers"),
Additional powers of local
legislation and administration..... 9 2(c)
Counties not contained within,
legislative power unaffected
by home rule provisions in
certain cases...................... 13 13(c)
Excess taking of property for
certain purposes, right to
-- 201 --
INDEX
Art. Sec.
authorize.......................... 1 7
Exclusion of indebtedness for
housing purposes,
determination, right to confer
jurisdiction....................... 18 4
General or special laws not
relating to property, affairs
or government, right to enact...... 9 2(c)
Matters other than property,
affairs or government, right
to enact laws...................... 9 2(c)
Public school systems, legislative
power unaffected by home rule
provisions......................... 9 3(a)
Sewage facilities, exclusion of
indebtedness from debt
limitation, right to prove......... 8 2-a,5
Water supply, excess or common,
right to authorize................. 8 2-a
City courts, outside New York city,
Appeals therefrom, right to
provide therefor.................. 6 8(e),11(d)
Discontinuance, right to
provide............................ 6 17
Judges, manner of removal,
right to provide................... 6 22(i)
Mandates, right to provide for
service and execution.............. 6 1(c)
Practice and procedure, right to
establish.......................... 6 17(b)
Processes, right to provide for
service and execution.............. 6 1(c)
Regulation, right to provide......... 6 17(b)
Uniform jurisdiction, right to
establish.......................... 6 17(b)
Warrants, right to provide for
service and execution.............. 6 1(c)
City-wide court of criminal
jurisdiction, right to grant
jurisdiction over misdemeanors
prosecuted by indictment............. 6 7(a),15(c)
City-wide courts, New York city,
Judges, manner of removal, right to
provide............................ 6 22(i)
Jurisdiction, right to prescribe..... 6 15(b,c)
Mandates, service and execution,
right to prescribe limitations..... 6 1(c)
Merger, to provide on request of
mayor and local legislative body... 6 1(a),15(a)
Processes, service and execution,
-- 202 --
INDEX
Art. Sec.
right to prescribe limitations..... 6 11(c)
Warrants, service and execution,
right to prescribe limitations..... 6 1(c)
City officers, non-constitutional,
election or appointment.............. 9 1(b)
Claims against state,
Appropriation for payment, right to
provide............................ 3 19
Jurisdiction thereof................. 6 9
Trial of actions and proceedings,
right to provide manner............ 6 18(b)
Constitutional amendments, right
to propose........................... 19 1
Constitutional convention, time for
submission of question on holding,
right to fix......................... 19 2
Contractors, public works, wages,
hours, welfare and safety of
employees, right to regulate........ 9 2(c)
Corporations,
Dues, means of security, right
to prescribe...................... 10 2
Formation, right to provide......... 10 1
Laws affecting, right to alter
or repeal......................... 10 1
Counties (see also "Municipalities"
under "Legislature, Powers").
Additional powers of local
legislation and administration..... 9 2(c)
Agreements by two or more for
discharge of governmental
functions, right to authorize...... 9 1(c)
Alternative forms of government,
what to contain, right to
prescribe.......................... 9 1(h)
Division, power unaffected by
restrictions on creation of
assembly districts................. 3 5
Excess taking of property for
certain purposes, right to
authorize.......................... 1 7
Laws relating to counties and
governmental units, right to
enact.............................. 9 1(h)
Sewage facilities, exclusion of
indebtedness from debt limitation,
right to provide................... 8 2-a,5
Tax limitation, method of
increasing, right to prescribe..... 8 10
Water supply, excess or common,
-- 203 --
INDEX
Art. Sec.
right to authorize................. 8 2-a
County clerks,
Powers and duties, right to
prescribe.......................... 6 6(e)
Selection of jurors, manner and
conditions, right to prescribe..... 13 13(a)
County courts,
Actions and proceedings, certain,
right to provide for original
jurisdiction....................... 6 11(a)
Appeals thereto, right to provide in
certain cases...................... 6 34(a)
Equity jurisdiction, right to
provide............................ 6 11(c)
Money judgments, right to increase
amount recoverable, limitations.... 6 11(a)
County judges,
Additional, right to provide......... 6 10(a)
Combination with certain judicial
officers, right to provide......... 6 14
Number, right to increase............ 6 10(a)
County officers, non-constitutional,
election or appointment.............. 9 1(b)
Court of appeals,
Appeals as of right, power to
abolish............................ 6 3(b)(8)
Criminal cases, appeals, right to
provide............................ 6 3(b)
Judges,
Right to remove for cause.......... 6 23(a)
Temporary, during military service
of elected judges, right to
provide.......................... 6 20(b)(1)
Court of claims,
Judges, power to increase number..... 6 9
Jurisdiction, practice and
procedure, right to provide........ 6 9
Courts of record, additional, right
to determine......................... 6 1(b)
Court on the judiciary,
Additional powers, right to confer... 6 22(g)
Removal proceedings, stay pending
determination of same charges...... 6 22(e)
Courts, legislative power unaffected
by home rule provisions.............. 9 3(a)
Criminals, maintenance and support of
institutions, right to provide....... 17 5
Deaf, education and support, right to
provide.............................. 7 8
District attorneys, New York city
-- 204 --
INDEX
Art. Sec.
counties, term of office, right to
direct............................... 8 5
District courts,
Appeals therefrom, right to provide.. 6 8(l),11(d)
Discontinuance, right to provide..... 6 16(i)
Districts thereof, right to create... 6 16(e)
Establishment, right to provide at
request of board of supervisors.... 6 16(a)
Judges,
Additional, right to provide....... 6 16(f)
Apportionment, right to provide.... 6 16(g)
Number, right to provide........... 6 16(f)
Removal, right to provide manner... 6 22(i)
Jurisdiction, right to provide,
limitation......................... 6 16(d)
Mandates, right to provide for
service and execution.............. 6 1(c)
Processes, right to provide for
service and execution.............. 6 1(c)
Regulation, right to provide......... 6 16(i)
Warrants, right to provide for
service and execution.............. 6 1(c)
Drainage systems, common or excess,
right to authorize................... 8 2-a
Dumb, education and support, right
to provide........................... 7 8
Education, higher, right to create
indebtedness......................... 7 19
Elections,
Boards and officers, appointment or
election, right to direct.......... 2 8
Permanent registration, systems,
right to provide................... 2 6
Presidential, special procedures for
voting thereat, power to adopt..... 2 9
Town and village, registration of
voters, power to require........... 2 5
Uncontested primary elections, right
to waive........................... 1 1
Voting, method, right to prescribe.. 2 7
Employees, protection of lives,
health and safety, right to enact
laws................................. 1 18
..................................... 13 14
Employment,
Indebtedness to provide, right to
authorize.......................... 10 7
Loans to provide, right to
authorize.......................... 7 8
Executive budget,
-- 205 --
INDEX
Art. Sec.
Appearances of department heads,
right to request................... 7 3
Contents, additional information,
right to require................... 7 2
Family court judges,
Combination with certain other
judicial offices, right to provide. 6 14
New York city, number, right to
provide............................ 6 13(a)
Forest preserve lands,
Highways, construction and
maintenance of certain, right to
provide............................ 14 1
Reservoirs, construction and
maintenance, right to provide for
use................................ 14 2
Sale or exchange of certain, right to
authorize.......................... 14 3
Ski trails, construction and
maintenance of certain, right to
authorize.......................... 14 1
Use of certain, right to prescribe... 14 3
Governmental employees, wages, hours,
welfare and safety, right to
regulate............................. 13 14
Governmental operations, continuity
during certain emergencies, right
to prescribe......................... 3 25
Governor, salary, right to fix......... 4 3
Hamilton county, power to abolish
and annex territory.................. 3 5
Horse races, pari-mutuel betting,
right to authorize................... 1 9
Housing,
Acquisition of property ultimately
necessary, limitations, right to
impose............................. 18 9
Cooperation with and aid from United
States, right to authorize......... 18 2
Excess taking of property, right to
authorize.......................... 18 8
Exclusions of indebtedness,
jurisdiction to determine, right
to confer.......................... 18 4
Indebtedness of public corporations,
guaranty of principal and interest
by local governments, right to
authorize.......................... 18 2
Loans by local governments, power to
authorize.......................... 18 2
-- 206 --
INDEX
Art. Sec.
Power of eminent domain, right to
grant.............................. 18 2
Power to enact proper and necessary
laws............................... 18 10
State loans, power to make........... 18 2
State loans and subsidies, additional
conditions, right to provide....... 18 6
State subsidies, right to provide.... 18 2
Subsidies by local governments,
power to authorize................. 18 2
Tax exemptions, right to grant or
authorize.......................... 18 2
Housing and slum clearance, power to
provide.............................. 18 1
Impeachment, majority vote of Assembly
required to exercise power........... 6 24
Income taxes, reference to federal laws
authorized........................... 3 22
Industrial plants, rehabilitation,
Indebtedness, guaranty by state...... 10 7
Loans by state, authorized......... 7 8
Institutions, visitation and
inspection, right to authorize....... 17 6
Institutions for detention of
criminals, maintenance and support,
right to provide..................... 17 5
Joint municipal facilities or services,
Indebtedness, right to authorize
and apportion........................ 8 1
Taxes or charges, right to
authorize.......................... 8 1
Joint municipal facilities or service
Indebtedness, right to
authorize and apportion............ 8 1
Taxes and charges may be imposed
therefor........................... 8 1
Journal or proceedings, each house to
keep and publish..................... 3 10
Judges and justices,
Assignment, temporary, certain,
right to provide................... 6 26(j)
Compensation, additional for
certain, right to prescribe........ 6 25(a)
Qualifications, certain, right
to determine....................... 6 20(a)
Removal, certain,
Manner, right to provide........... 6 22(i)
Right to effect...................... 6 23(a)
To determine those removable by
senate............................. 6 23(b)
-- 207 --
INDEX
Art. Sec.
Retirement for disability, to
provide compensation............... 6 22(c)
Temporary, to provide in
certain cases...................... 6 20(b)(1)
Judicial departments, power to alter
boundaries........................... 6 4(a)
Judicial districts,
Composition, right to alter.......... 6 6(b)
Increase or decrease number,
right to provide................... 6 6(b)
Justices in altered districts,
right to re-apportion.............. 6 6(b)
Judicial officers,
Compensation of judicial
officer retired for disability,
right to provide................... 6 22(c)
Judicial offices, combination of
certain, right to provide............ 6 14
Judiciary article, to enact laws
to effectuate........................ 6 33
Jury, composition in courts of
original jurisdiction, right
to provide........................... 6 18(a)
Jury trial,
Civil cases,
Verdict by five-sixths jury, power
to authorize..................... 1 2
Waiver, manner, right to enact
laws............................. 1 2
Criminal cases, waiver,
exception, right to enact laws..... 1 2,18
Justices of the peace, legislative
functions on town boards, right to
abolish.............................. 6 17(c)
Juvenile delinquents, education and
support, right to provide............ 7 8
Law and equity, jurisdiction and
proceedings, right to alter and
regulate............................. 6 30
Law of state, right to alter........... 1 14
Legislative power generally, vesting... 3 1
Lieutenant-governor, salary, power to
fix.................................. 4 6
Limited dividend housing companies,
loans by state and local
governments, right to authorize...... 18 2
Lotteries, use of proceeds for
education, to prescribe.............. 1 9
Lotto, right to regulate............... 1 9
Low rent housing, manner, means,
-- 208 --
INDEX
Art. Sec.
terms and conditions, right to
prescribe............................ 18 1
Manufacturing plants,
rehabilitation,
Indebtedness, guaranty by state...... 10 7
Loans by state, authorized........... 7 8
Members,
Compensation, right to establish..... 3 6
Elections, returns and
qualifications, each house to
judge.............................. 3 9
Senators and assembly members, time
for holding elections, right to
fix................................. 3 8
Services as officer or in special
capacity, additional allowance,
right to fix....................... 3 6
Mental health, protection, manner
of providing, right to determine..... 17 4
Mentally ill, education and support,
power to provide..................... 7 8
Municipal corporations, public
improvements and services, power
to determine exclusions from
indebtedness, right to provide....... 8 2-a,5
Municipalities,
Debt limits, certain exclusions...... 8 2-a,4,5
Laws relating to local government
right to enact..................... 9 1-3
Levy of taxes on real estate,
right to restrict.................. 8 10,12
Needy, aid, care and support, right 8 1
to authorize....................... 17 1
Payments to institutions for care,
support and maintenance, right
to authorize....................... 8 1
Public improvements and services,
exclusions of indebtedness......... 8 5
Right to contract indebtedness
and levy taxes, power to restrict.. 8 12
State officer or agency to
determine equalization ratio,
right to direct.................... 8 10
Needy, aid, care and support, power
to provide,.......................... 7 8
Manner and means, right to
determine.......................... 17 1
Needy sick, aid, care and
support, right to provide............ 7 8
New York city,
-- 209 --
INDEX
Art. Sec.
Capital improvements, period of
probable usefulness, right to
determine.......................... 8 11
Counties within, legislative power
unaffected by home rule provisions. 13 13(c)
Jurisdiction to determine exclusions
of indebtedness, right to confer,
Dock purposes...................... 8 7
School purposes.................... 8 7
Transit purposes................... 8 7a
Reservation of power to amend or
repeal laws affecting certain
county offices, duration........... 13 13(c)
Tax limitation, determination of
indebtedness to be excluded,
right to make conclusive........... 8 11
Nursing homes accommodations for
persons of low income, power to
provide.............................. 18 1
Officers, each house to choose......... 3 9
Officers, non-constitutional,
election or appointment.............. 9 1(b)
Old age, protection against hazards
right to provide..................... 7 8
Pardons, regulations governing
application, right to make........... 4 4
Parole, systems, right to provide...... 17 5
Pensions, right to increase amount
of certain........................... 7 8
Personnel, abolished courts,
assignment, right to provide......... 6 35(1)
Physically handicapped, education
and support, right to provide........ 7 8
Port of New York authority, certain
obligations, right to guarantee...... 10 7
Practice and procedure, courts,
right to delegate power to regulate.. 6 30
Primary elections, uncontested, right
to waive............................. 1 1
Private property taken for public use.. 1 7
Private roads, opening, right to
enact laws........................... 1 7
Probation, systems, right to provide... 17 5
Public corporations,
Acquisition of properties and
payment of indebtedness by state
or political subdivision, right
to authorize....................... 10 5
Indebtedness, future, manner of
granting local consent, right
-- 210 --
INDEX
Art. Sec.
to prescribe....................... 8 3
Water supply, excess or common,
right to authorize................. 8 2-a
Public health, protection and
promotion, manner and means of
providing, right to determine........ 17 3
Public offices,
Existence of vacancy, right to
declare............................ 13 6
Succession thereto, during periods
of certain emergencies, of right
to provide therefor................ 3 25
Term of office, right to fix......... 13 2
Public officers, oath of office,
right to exempt inferior officers
from requirement..................... 13 1
Public officers and employees,
compensation, power to tax........... 16 5
Railroad crossings at grade,
Reimbursement by railroad
companies, time, manner and
interest, right to prescribe....... 7 14
State debt for elimination, right
to create.......................... 7 14
Railroad passenger facilities,
obligations, right to guarantee...... 10 7
Regents, corporate powers, right
to change............................ 11 2
Religious schools, inspection, use of
public property, etc., right to
authorize............................ 11 3
Retirement systems, right to increase
pensions of members of certain....... 7 8
Rules of proceedings, each house to
determine............................ 3 9
School districts (see
"municipalities" under
"Legislature. Powers" "School
Districts").
Schools, transportation of children,
right to authorize................... 11 3
Senators, services on impeachment
trials, additional allowance, right
to fix............................... 3 6
Sewage facilities, exclusion of
indebtedness from debt limitation,
right to prescribe................... 8 2-a,5
Sewage systems, common or excess,
right to authorize................... 8 2-a
Sheriff's, renewal of security,
-- 211 --
INDEX
Art. Sec.
right to require..................... 13 13(a)
Sickness, protection against
hazards, right to provide............ 7 8
Ski trails, certain, construction and
maintenance on forest preserve
lands, power to authorize............ 14 1
Slum clearance, right to provide....... 18 1
Social welfare, rules and regulations,
right to prescribe procedure for
making............................... 17 2
State commissions, temporary, right to
create............................... 5 3
State comptroller, powers and duties
respecting real estate,
Assessment, right to assign.......... 5 1
Equalization, right to assign........ 5 1
Taxation, right to assign............ 5 1
State comptroller, duties respecting
municipalities,
Accounts, supervision, right to
assign duty........................ 5 1
Determination of exclusions from
debt limitation, right to provide.. 8 4,5
New York city fiscal officer,
approval of determination of
exclusions from tax limitation,
right to make conclusive........... 8 11
Vacancy, right to provide for
filling............................ 5 1
State debts,
Laws creating,
Power to forbid contracting of
further liability................ 7 11
Power to repeal.................... 7 11
Notes or other obligations, right
to provide for issuance............ 7 9
Power to contract,
Invasion, etc., to repel........... 7 10
Taxes and bond proceeds, before
receiving.......................... 7 9
Privilege of pre-payment,
reservation........................ 7 12
Probable life of work or purpose,
right to enact laws................ 7 13
State departments, number, right to
reduce............................... 5 3
State departments and officers,
powers and functions, right to
assign and change.................... 5 3
State enumeration in lieu of federal
-- 212 --
INDEX
Art. Sec.
census, right to provide............. 3 4
State highways, certain, construction
and maintenance on forest preserve
lands, right to authorize............ 14 1
State highways and parkways,
construction and reconstruction,
right to appropriate certain moneys.. 7 14
State properties and revenues,
offices for protection, right
to create............................ 5 5
State thruway corporations,
Bonds, right to make state
liable............................. 10 6
Canal lands, right to permit use..... 10 6
Obligations, right to make state
liable............................. 10 6
State university, right to create
indebtedness......................... 7 19
Supreme court,
Justices,
Decrease in number, right to
provide.......................... 6 6(d)
Increase in number, limitation..... 6 6(d)
Removal for cause.................. 6 23(a)
Temporary justices, right to
provide, during military service of
elected justices................... 6 20(b)(1)
Supreme court, appellate division,
Housing, jurisdiction to determine
exclusions of indebtedness, right
to confer.......................... 18 4
Jurisdiction, authority to confer.... 6 4(k)
Municipalities, jurisdiction to
determine exclusions from
indebtedness, power to confer...... 8 5,7,7a
Surrogate's courts,
Judges,
Additional, right to provide....... 6 12(a)
Combination with certain other
judicial offices, right to
provide.......................... 6 14
Jurisdiction, right to provide....... 6 12(d,e)
Swamp or agricultural lands, drainage,
right to enact laws.................. 1 7
Taxation,
Excise taxes measured by income,
right to consider income from
intangibles........................ 16 3
Exemptions, right to alter or
repeal, exception.................. 16 1
-- 213 --
INDEX
Art. Sec.
Income taxes, reference to federal
laws authorized.................... 3 22
Power not to be surrendered or
suspended, exception............... 16 1
Public officers and employees,
compensation, right to tax......... 16 5
Tax revenues, funds for
stabilization, right to establish.... 7 17
Trial without jury, certain cases,
right to authorize................... 6 18(a)
Thruways (see "State thruway
corporations" under "Legislature,
Powers").
Town courts,
Appeals therefrom, to provide........ 6 8(e),11(d)
Discontinuance, right to provide,
limitation......................... 6 17(b)
Judges, manner of removal, to
provide............................ 6 22(i)
Mandates, service and execution,
right to provide................... 6 1(c)
Processes, service and execution,
right to provide................... 6 1(c)
Regulation, right to provide......... 6 17(b)
Warrants, service and execution,
right to provide................... 6 1(c)
Town officers, non-constitutional,
election or appointment.............. 9 1(b)
Towns (see also "Municipalities"
under "Legislature, Powers"),
Division, power unaffected by
restrictions on creation of
assembly districts................. 3 5
New, power to create unaffected by
restrictions on assembly
districts.......................... 3 5
Water supply, excess or common,
right to authorize................. 8 2-a
Treason, power to grant reprieves,
commutations and pardons............. 4 4
Unemployment,
Indebtedness to alleviate, guaranty
by state........................... 10 7
Loans to alleviate, right to
authorize.......................... 7 8
Protection against hazards, right
to provide......................... 7 8
University of the State of New York,
corporate powers, right to change.... 11 2
Vacancy in office, existence, right to
-- 214 --
INDEX
Art. Sec.
declare.............................. 13 6
Veterans, preference in retention in
civil service, right to provide...... 5 6
Village courts,
Appeals therefrom, right to provide.. 6 8(e),11(d)
Discontinuance, right to provide..... 6 17(b)
Judges, manner of removal, to
provide............................ 6 22(i)
Mandates, service and execution,
right to provide................... 6 1(c)
Processes, service and execution,
right to provide................... 6 1(c)
Regulation, right to provide......... 6 17(b)
Warrants, service and execution,
right to provide................... 6 1(c)
Village officers, non-constitutional,
election or appointment.............. 9 1(b)
Villages (see "Municipalities" under
"Legislature, Powers").
Villages of 5,000 or more,
Housing, determination of
exclusion of indebtedness, right
to confer jurisdiction............. 18 4
Village taxes,
Assessment, levy and collection
by larger subdivisions, right
to provide......................... 16 2
Unpaid, loans or advances by
counties, right to authorize....... 16 2
Visitation and inspection, right to
authorize............................ 16 2
Water supply, excess or common, right
to authorize......................... 8 2-a
Wild life and forest conservation
acquisition of land, right to make
appropriations....................... 14 3
Workers' compensation, system, right
to establish......................... 1 18
Primary elections, uncontested, right
to waive............................... 1 1
Prison labor,
Occupation and employment of
prisoners............................ 3 24
Products, disposition to state and
political subdivisions, authority
to provide........................... 3 24
Private and local bills (see "Bills"
under "Legislature").
Private roads, opening, power to
prescribe manner....................... 1 7
-- 215 --
INDEX
Art. Sec.
Privilege of members..................... 3 11
Probation, system, provision............. 17 5
Public contracts, regulation of certain
matters affecting...................... 13 14
Public corporations,
Creation by special act only,
exceptions........................... 10 5
Interstate compact, powers when
created pursuant to.................. 10 5
Liability for obligations not to be
imposed on state or political
subdivision.......................... 10 5
Powers, limitation..................... 10 5
State thruways (see "State thruway
corporations" under "Legislature,
Powers").
Public health, protection, provision..... 17 3
Public money or property for local or
private purposes, two-thirds vote
required............................... 3 20
Public office, conduct, power of grand
jury not to be suspended or impaired... 1 6
Public officers (see also "Public
Officers"),
Election or appointment when not
provided by constitution............. 9 1(b)
Fees or perquisites of office
not to be received................... 13 7
..................................... 9 2(c)
Legislative powers..................... 13 14
Removal provision...................... 13 5
Vacancies in office,
Existence, declaration............... 13 6
Filling, provision................... 13 5
Public school system, legislative power.. 9 3(a)
Public utilities operated by
municipalities, restrictions on
legislative powers..................... 3 18
Public work, hours, days of labor and
wages.................................. 1 17
Qualifications for membership............ 3 7
Quorum,
Majority of members of each house to
constitute........................... 3 9
Three-fifths to constitute in certain
cases................................ 3 23
Railroad crossing elimination, amount
of bond proceeds available for
highways and parkways.................. 7 14
Railroad passenger facilities, certain
-- 216 --
INDEX
Art. Sec.
obligations, guaranty.................. 10 7
Recommendations of governor.............. 4 3
Refunding state debt prior to maturity... 7 13
Rehabilitation of slum areas, provision.. 18 1
Removal of judicial officers,
Court of appeals, judges subject to
removal by concurrent resolution..... 6 23(a)
Court on the judiciary, time within
which legislature must act to stay
action............................... 6 22(e)
Legislature deemed to be in session
on receipt of notification......... 6 22(e)
Supreme court, justices subject to
removal by concurrent resolution..... 6 23(a)
Reprieves, commutations and pardons,
duty of governor to communicate........ 4 4
Reservoirs,
Apportionment of costs of improvements. 14 2
State lands, use, authorization........ 14 2
Restrictions (see also "Duties" and
"Powers" under "Legislature"),
Action for wrongful death,
Damages recoverable not subject to
statutory limitation............... 1 16
Existing, not to be abrogated........ 1 16
Adjournment for more than two days,
consent of both houses required...... 3 10
Alleys, opening, closing, etc.,
action by general laws only.......... 3 17
Appropriation bills,
Changes in bills submitted by
governor........................... 7 4
Provisions to relate to particular
appropriation...................... 7 6
New, neither house to consider until
final action on governor's bills... 7 5
Appropriations,
Laws making, continuing or reviving,
sum, object and purpose to be
distinctly stated.................. 7 5
Separate bills required, each for
single object or purpose,
exceptions......................... 7 6
Banking purposes, prohibition against
special chargers..................... 10 3
Bills,
Appropriations of public money for
private purposes, two-thirds vote
for passage........................ 3 20
Final passage........................ 3 14
-- 217 --
INDEX
Art. Sec.
Last reading, no amendment
allowed.......................... 3 14
Private or local,
Cases in which not authorized.... 3 17
Not to embrace more than one
subject to be expressed in
title.......................... 3 15
Requirement for printing and
placing on desks of members,
exception.......................... 3 14
Three-fifths quorum required for
passage of certain................. 3 23
Boards of supervisors, election of
members, action by general laws only. 3 17
Bonus, laws creating debt.............. 7 18
Bookmaking, prohibition against
authorization........................ 1 9
Bridges, building, action by general
laws only, exception................. 3 17
Canals,
Sale, lease, abandonment or other
disposition, prohibition against... 15 1
Exception, in case of barge
canal............................ 15 4
Tolls for transportation,
prohibition against imposition..... 15 3
Work, prohibition against extra
compensation to contractors........ 15 3
Capital or infamous crimes, no
person to be held without
indictment, exceptions............... 1 6
Change of venue, action by general
laws only............................ 3 17
Cities,
Annexation of territory, referendum
required........................... 9 1(d)
Housing, indebtedness in excess of
constitutional limitations,
conditions for authorization....... 18 4
Property, affairs and government,
action by general laws only,
exceptions......................... 9 2(b)
Special laws affecting, request of
mayor or local legislative body
required........................... 9 2(b)
City officers,
Elections to be held in odd-
numbered years, exception.......... 13 8
Terms of office to expire at end
of odd-numbered years, exception... 13 8
-- 218 --
INDEX
Art. Sec.
City-wide courts, New York city,
compensation of judges, prohibition
against decrease during term......... 6 25(a)
Claims against state,
Audit, allowance or payment, barred
by lapse of time................... 3 19
Private, not to audit or allow....... 3 19
Corporations, prohibition against
creation by special act, exception... 10 1
Counties,
Prohibition against enactment of
certain laws....................... 9 2(b)
Referendum required for certain
laws following adoption of
alternative form of government..... 9 1(h)
Special or local laws affecting,
prohibition against, exceptions.... 9 2(b)
County court judges, compensation,
prohibition against decrease during
term................................. 6 25(a)
County officers, counties within
cities,
Elections to be held in odd-
numbered years, exception.......... 13 8
Terms of office to expire at end of
odd-numbered years, exception...... 13
County seat, locating or changing...... 3 17
Court of appeals, judges,
compensation, prohibition against
decrease during term................. 6 25(a)
Court of claims, judges, compensation,
prohibition against decrease
during term.......................... 6 25(a)
Court on the judiciary, retirement
proceedings not to be stayed by
legislative action................... 6 22(e)
Cruel and unusual punishments not to
be inflicted......................... 1 5
Defendant in criminal cases, rights.... 1 6
Discrimination in civil rights
because of race, color, etc.,
prohibition against.................. 1 11
Disfranchisement, prohibition against,
exception............................ 1 1
District courts, judges, compensation,
prohibition against decrease
during term.......................... 6 25(a)
Divorce, prohibition against granting,
exception............................ 1 9
Double jeopardy, prohibition against... 1 6
-- 219 --
INDEX
Art. Sec.
Due process of law guaranteed.......... 1 6
Elections,
Boards and officers to be bi-
partisan........................... 2 8
Opening and conduct, action by
general law only................... 3 17
Secrecy in balloting, requirement.... 2 7
Equal protection of laws guaranteed.... 1 11
Excessive bail and fines, prohibition
against.............................. 1 5
Exclusive privilege, immunity or
franchise, action by general laws
only................................. 3 17
Exemption from taxation, action by
general laws only.................... 3 17
Extraordinary sessions, action
restricted to subjects recommended
by governor.......................... 4 3
Family court, judges, compensation,
prohibition against decrease during
term................................. 6 25(a)
Forest preserve lands,
Lease, sale, exchange or taking,
prohibition against................ 14 1
Preservation of wild character....... 14 1
Reservoirs, limitation on use........ 14 2
Timber, prohibition against sale,
removal or destruction............. 14 1
Freedom of speech and press guaranteed. 1 8
Gambling not to be authorized or
allowed, exception................... 1 9
Grand juries, powers not to be
suspended or impaired................ 1 6
Habeas corpus, writ not to be
suspended, exceptions................ 1 4
Highways, opening, closing, etc.,
action by general laws only.......... 3 17
Housing,
Local governments,
Indebtedness, limitation........... 18 4
Periodic subsidies, limitation on
duration......................... 18 4
State debts, laws authorizing........ 18 3
State loans or subsidies............. 18 6
State subsidies,
Payment from general fund only..... 18 2
Prohibition against payment to
remedy or avoid certain defaults. 18 5
Restrictions and limitations....... 18 3
Tax exemptions, limitation on
-- 220 --
INDEX
Art. Sec.
duration........................... 18 2
Incorporation of existing law by
reference, prohibition against....... 3 16
Judges and justices,
Compensation, prohibition against
diminution during term............. 6 25(a)
Judicial officers, certain,
prohibition against removal except
for cause............................ 6 23(b)
Jurors, selection, empaneling, etc.,
action by general laws only.......... 3 17
Labor of human beings not to be
considered commodity or article of
commerce............................. 1 17
Law not to be enacted except by bill... 3 13
Literature fund, capital to be
preserved............................ 11 3
Lottery, prohibition against
authorization........................ 1 9
Lottery tickets, prohibition against
sale................................. 1 9
Members,
Civil appointments, certain, not to
receive............................ 3 7
Compensation and allowances,
prohibition against increase or
diminution during term............. 3 6
Extra compensation not to be given... 3 6
Money, regulating rate of interest,
action by general laws only.......... 3 17
Municipal public utility services,
laws governing profits............... 3 18
Municipalities, right to levy taxes
for previously-contracted
indebtedness, not to restrict........ 8 12
Names of persons, changing, action by
general laws only.................... 3 17
New York city, certain county offices
within,
Prohibition against passage of
certain laws affecting,
exceptions......................... 13 13(c)
New York city,
Prohibition against passage of
certain laws affecting,
exceptions......................... 13 13(c)
Pension and retirement systems,
benefits not to be diminished or
impaired............................. 5 7
Petition, right, prohibition against
-- 221 --
INDEX
Art. Sec.
abridgement.......................... 1 9
Pool-selling, prohibition against
authorization........................ 1 9
Prison labor, use and disposition of
products............................. 3 24
Prisoners, labor, prohibition against
certain disposition.................. 3 24
Private property not to be taken
without just compensation............ 1 7
Public corporations,
Certain, prohibition against
creation except by special act..... 10 5
Creation, prohibition against,
exceptions......................... 8 3
Obligations, state or local
liability, prohibition against
acceptance or imposition,
exceptions......................... 10 5,6
Powers to contract indebtedness and
collect real estate charges,
referendum required, exception..... 10 5
Public officers,
Compensation fixed by law, not to
receive additional................. 13 7
Members of legislature............... 3 6
Fees, etc., increasing or decreasing
during term, action by general
laws only.......................... 3 17
Oath of office, constitutional,
other tests prohibited............. 13 1
Public work, limitation on days, hours
and wages............................ 1 17
Railroad tracks, privilege of laying,
action by general laws only.......... 3 17
Registration of voters, certain cities
and villages, personal application
not required......................... 2 5
Religious schools, aid or maintenance,
use of public money or property
prohibited........................... 11 3
Religious worship, freedom, guaranty... 1 3
Right of assembly and petition not to
be abridged.......................... 1 9
Roads, opening, closing, etc., action
by general laws only................. 3 17
Savings banks, capital stock and
interests of directors and trustees.. 10 3
Searches and seizures, unreasonable,
prohibited........................... 1 12
Self-incrimination, prohibition
-- 222 --
INDEX
Art. Sec.
against.............................. 1 6
Senate districts, formation............ 3 4
State comptroller, prohibition
against assignment of administrative
duties, exception.................... 5 1
State credit, prohibition against
gifts or loans for private purposes,
exceptions........................... 7 8
State debts,
Laws creating, approval of people
required, limitations on
submission......................... 7 11
Manner of payment, limitations....... 7 12
Prohibition against contracting
except for single work or purpose.. 7 11
Term not to exceed probable life of
work or purpose.................... 7 12
State departments, new, prohibition
against.............................. 5 3
State officers, constitutional,
Compensation, prohibition against
increase or decrease during term... 13 7
Fees, prohibition against receiving.. 13 7
State moneys, prohibition against gifts
or loans for private purposes,
exceptions........................... 7 8
Street railroads, construction or
operation, consents required......... 3 17
Supreme court justices,
Compensation, prohibition against
decrease during term............... 6 25(a)
Number, limitation................... 6 6(d)
Surrogates' court, judges,
compensation, prohibition against
decrease during term................. 6 25(a)
Swamp or agricultural lands, drainage,
prohibition against special laws..... 1 7
Swamps and low lands, draining, action
by general laws only................. 3 17
Taxation,
Assessments not to exceed full
value.............................. 16 2
Exemptions, granting by general laws
only............................... 16 1
Intangible personal property,
Excise tax, prohibition against
levy because of ownership or
possession....................... 16 3
Taxing ad valorem, prohibition
against.......................... 16 3
-- 223 --
INDEX
Art. Sec.
Religious, education and charitable
corporations, certain, prohibition
against alteration or repeal of
exemptions......................... 16 1
Surrender or suspension of power,
prohibition against, exception..... 16 1
Undistributed profits, prohibition
against taxing..................... 16 3
Taxes, discrimination in rates or
methods prohibited................... 16 4
Tax laws, tax and object to be
distinctly stated.................... 3 22
Tax revenues, funds for stabilization,
requirements......................... 7 17
Telephone and telegraph communications,
communications, unreasonable
interceptions prohibited............. 1 12
Trial by jury, right to remain
inviolate............................ 1 2
United States deposit fund, capital
to be preserved...................... 11 3
Vacancies in office, elective,
limitation on duration of
appointments......................... 13 3
Villages,
Incorporation, action by general
law only........................... 3 17
Property, affairs or government, action
by general laws only, exceptions... 9 2(b)
Special laws affecting, prohibition
against, exceptions................ 9 2(b)
Villages, 5,000 or more,
Housing, indebtedness in excess of
constitutional limitations,
conditions for authorization....... 18 4
Voting, designating places, action by
general laws only.................... 3 17
Wild life conservation and reforestation,
prohibition against lease, sale,
exchange or taking of lands.......... 14 3
Witnesses, prohibition against
unreasonable detention............... 1 5
Rules and regulations of state
agencies, filing and publication..... 4 8
Rules of proceedings, each house
to determine......................... 3 9
Savings banks,
Charters to be made uniform.......... 10 3
Special charters not to be
granted............................ 10 3
-- 224 --
INDEX
Art. Sec.
School districts (see "School Districts").
Schools (see "Schools").
Senate (see also "Senate"):
Heads of departments, appointment
subject to advice and consent...... 5 4
Lieutenant-governor to have only
casting vote....................... 4 6
Members of boards and commissions,
appointment subject to advice and
consent............................ 5 4
President, lieutenent-governor to
serve.............................. 4 6
Senate districts (see "Senate Districts").
Senators (see "Senators")
Sessions,
Annual session, time for meeting....... 13 4
Court on the judiciary, notification
of removal charges, legislature
deemed to be in session............ 6 22(e)
Extraordinary,
Governor, power to convene........... 4 3
Subjects recommended by governor,
action restricted to............... 4 3
Sinking funds (see "Sinking Funds").
Slum clearance (see "Housing" under
"Legislature").
Social welfare (see Social Welfare").
Social welfare board (see "Social Welfare
Board").
Speaker, assembly to choose.............. 3 9
Special laws (see "Local Laws," "Special
Laws").
Special sessions (see Special Sessions,
New York city" under "Duties").
State agencies, powers and formation... 5 3
State claims or demands, bills releasing,
three-fifths quorum for passage........ 3 23
State comptroller (see "State
Comptroller").
State debts (see also "State"),
Approval, power to forbid further
debt or liability.................... 7 11
Bills creating, three-fifths quorum
for passage.......................... 3 23
Refunding, conditions................ 7 13
Repeal, when allowable............... 7 11
Single purpose or work, statement
in law authorizing................. 7 11
State departments (see also "State
Departments"),
-- 225 --
INDEX
Art. Sec.
Assignment of new powers and
functions.......................... 5 3
Consolidation........................ 5 3
New departments not to be created.... 5 3
Powers and functions, assignment
and change......................... 5 3
Reduction of number.................. 5 3
State enumeration, when to be made....... 3 4
State thruways (see "State thruway
corporations" under Legislature. Powers").
Statutory revision bills not subject to
certain restrictions................... 3 21
Subsidies for housing purposes
(see "Housing").
Support, certain persons,
power to provide....................... 7 8
Supreme court (see also "Supreme Court"
under "Powers" and "Restrictions").
Justices,
Increase of number, limitation....... 6 6(d)
Reapportionment in altered
judicial districts................. 6 6(b)
Removal from office for cause........ 6 23(a)
Retirement for disability............ 6 22(a)
Temporary, during military service
of elected justices................ 6 20(b)(1)
Surrogates' courts (see "Surrogates' court"
under "Powers" and "Restrictions").
Swamp or agricultural lands, drainage,
authorization by general law........... 1 7
Tax limitation on realty, detemination of
local indebtedness..................... 8 11
Taxation (see also "Taxation and taxes"),
Supervision, review and equalization
of assessments...................... 16 2
Taxes, laws imposing, continuing or
reviving,
Nature and object of tax to be
distinctly stated.................. 3 22
Prohibition against fixing tax or
object by reference to existing
law................................ 3 22
Quorum, three-fifths, required
for passage........................ 3 23
Tax revenue stabilization fund,
authorization........................ 7 17
Temporary president, senate to choose.... 3 9
Temporary state commissions(see "State
Commissions").
Term, legislative, commencement.......... 13 4
-- 226 --
INDEX
Art. Sec.
Three-fifths quorum required for
passing certain bills.................. 3 23
Thruway corporations (see "State
thruway corporations" under
"Legislature Powers").
Time of assembly each year............... 13 4
Time to act following notification by
court on the judiciary................. 6 22(e)
Town courts (see "Town courts" under
"Duties" and "Powers").
Town officers, election.................. 2 7
Towns (see also "Towns"),
Creation of new, unaffected by
restrictions on assembly districts... 3 5
Division, unaffected by restrictions
on assembly districts................ 3 5
Payments to certain institutions,
authorization........................ 8 1
Transportation of school children........ 11 3
Treason, pardon, commutation or
reprieve after conviction.............. 4 4
University of the state of New York,
powers................................. 11 2
Vacancy in office (see "Vacancy in
Office").
Village courts (see "Village courts"
under "Duties" and "Powers").
Villages (see "villages").
Vote required for action,
Majority vote, ordinary quorum,
Assembly, power of impeachment....... 6 24
Bills, generally..................... 3 14
Constitutional amendments,
concurrent resolutions proposing... 19 1
Majority vote, three-fifths quorum,
Appropriations of public money or
property, bills making,continuing
or reviving........................ 3 23
Debt or charge against state, bills
creating........................... 3 23
Claim or demand of state, bills
releasing, discharging or commuting 3 23
Taxes, bills imposing, continuing or
reviving........................... 3 23
Two-thirds vote, ordinary quorum,
Appropriations for local or private
purposes........................... 3 20
Court of appeals, judges, concurrent
resolutions removing from office... 6 23(a)
Court for trial of impeachments,
-- 227 --
INDEX
Art. Sec.
conviction......................... 6 24
Items of appropriation disapproved,
passage over veto.................. 4 7
Local governments, special bills
affecting.......................... 9 2(b)
New York city, certain bills relating
to certain county offices.......... 13 13(c)
Supreme court, justices, concurrent
resolutions removing from office..... 6 23(a)
Vetoed bills, passage on
reconsideration.................... 4 7
Workers' compensation, system, laws.... 1 18
Yeas and nays to be taken on final
passage of bills....................... 3 14,23
Libel:
Criminal prosecutions or indictments,
Acquittal, when required............... 1 8
Jury, determination of law and fact.... 1 8
Truth may be given in evidence......... 1 8
Liberty (see also "Rights and Privileges"):
Conscience, not to excuse certain
acts and practices..................... 1 3
Freedom of speech and press guaranteed... 1 8
Guaranty against deprivation without
due process of law..................... 1 6
Religious worship and belief, guaranty... 1 3
Licentiousness:
Liberty of conscience not to excuse
acts of................................ 1 3
Lieutenant-Governor (see also
Lieutenant-Governor-Elect"):
Absence from state, temporary
president of senate to act 4 6
Absence or impeachment, temporary
president to preside 3 9
Acting governor, when to serve........... 4 5
Compensation............................. 4 6
Election,
Jointly, with governor................. 4 1
Single vote, applicable to both
governor and lieutenant-governor..... 4 1
Time................................... 4 1,6
Eligibility for office, qualifications... 4 6
Governor,
Duties when performed by lieutenant-
governor............................. 4 5
Election jointly with lieutenant-
governor............................. 4 1
Impeachment,
Court for trial, not to serve as
-- 228 --
INDEX
Art. Sec.
member............................... 6 24
Temporary president of senate to act... 4 6
Inability to discharge powers and duties
of governor, temporary president of
senate to act.......................... 4 6
Qualifications for office,
Age.................................... 4 2,6
Citizenship requirement................ 4 2,6
Residence in state..................... 4 2,6
Senate, president, to serve,............. 4 6
Casting vote only...................... 4 6
Succession to office..................... 4 6
Term of office........................... 4 1
Vacancy in office,
Governor and lieutenant-governor,
temporary president of senate to act. 4 6
Governor and lieutenant-governor,
vacancies to be filled for
unexpired terms...................... 4 6
Temporary president of senate to act... 4 6
Votes, highest number to determine
election............................. 4 1
Lieutenant-Governor-Elect:
Death of governor-elect prior to assuming
office, lieutenant-governor
elect to serve......................... 4 5
Life:
Guaranty against deprivation without due
process of law 1 6
Loans:
Counties, money and credit for private
purposes prohibited, exceptions........ 8 1
Counties to villages, advancement of
taxes,authorization 16 2
Low rent housing, authorization.......... 18 2
Municipal corporation, money and credit
for private purposes prohibited,
exceptions............................. 8 1
Municipalities,
Legislature's duty to restrict powers.. 9 9
Low rent housing, authorization........ 18 2
Savings banks and institutions, interest
of director or trustee prohibited...... 10 3
School district, money and credit for
private purposes prohibited,
exceptions............................. 8 1
State,
Housing,
Conditions........................... 18 6
Subsidies to avoid municipal default,
-- 229 --
INDEX
Art. Sec.
prohibition against................ 18 5
Low rent housing, authorization........ 18 2
Money for private purposes prohibited,
exceptions........................... 7 8
Nursing home accommodations,
authorization........................ 18 2
Power to borrow money.................. 7 9
Public housing corporation,
liability of municipality............ 18 5
Towns, money and credit for private
purposes prohibited, exceptions...... 8 1
Villages, money and credit for private
purposes prohibited, exceptions...... 8 1
Local Bills (see "Bills,"
"Local Laws," "Special Laws").
Local Finances (see also "Municipalities"):
General provisions relating to........... 8 1-12
Local Government (see also "Municipalities"
and specific headings):
Existing consistent laws continued....... 9 3(b)
General provisions relating to........... 9 1-3
Local Laws (see also "Bills,"
"Special Laws"):
Adoption and amendment, power
of local governments................... 9 1(a)
....................................... 2(c)
Cases in which private or local
bills are not authorized............... 3 17
City of New York, abolition of certain
county offices......................... 9 8
Existing consistent laws, continuation... 9 13
Limitation to one subject to
be expressed in title,................. 3 15
Statutory revision bills excepted........ 3 21
Statutory revision bills not
subject to certain restrictions........ 3 21
Title, subject to be expressed........... 3 15
Lotteries:
Authorization for operation by state..... 1 9
Lottery Tickets:
Authorization for sale of certain........ 1 9
LOTTO:
Conduct authorized, subject to certain
limitations............................ 1 9
LOW RENT HOUSING (See "Housing").
MAGISTRATES' COURT:
New York city,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred
to city-wide court of criminal
-- 230 --
INDEX
Art. Sec.
jurisdiction......................... 6 35(f)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be judges of city-wide
court of criminal jurisdiction....... 6 35(d)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned to
certain courts....................... 6 35(1)
Records, disposal thereof.............. 6 35(a)
Seal, disposal thereof................. 6 35(a)
MAJOR-GENERAL (see "Militia").
MAJORITY VOTE (see "Legislature").
MANDATES:
Courts, service and execution............ 6 1(c)
MANUFACTURING PLANTS:
Rehabilitation,
Indebtedness, guaranty by state........ 10 7
Loans by state, authorized............. 7 8
MAYORS:
New York city, mayor and local
legislative body may request merger
of city-wide courts of civil and
criminal jurisdiction.................. 6 1(a)
....................................... 15(a)
Special laws, requests................... 9 11,16
MECHANIC'S LIENS:
Jurisdiction in foreclosure,
County courts.......................... 6 11(a)
District courts........................ 6 16(d)
New York city-wide court of civil
jurisdiction......................... 6 15(b)
MENTAL DEFECTIVES:
State to provide for care and treatment.. 17 4
MENTAL HYGIENE, DEPARTMENT OF:
Head of department,
Appointment and removal................ 5 4
Visitation of institutions............. 17 4
Institutions not subject to inspection
by social welfare board................ 17 2
MENTALLY ILL:
Education, power of legislature to
provide................................ 7 8
Support, legislative power to provide.... 7 8
MILITARY FORCES (see "Militia").
MILITIA:
Legislature, to provide for maintenance
and regulation......................... 12 1
Maintenance and regulation, legislative
-- 231 --
INDEX
Art. Sec.
duty to provide........................ 12 1
MINORS (see "Children").
MISDEMEANORS:
Prosecution by indictment, legislature
may grant jurisdiction thereof to
city-wide court of criminal
jurisdiction, New York city............ 6 7(a),15(c)
MONEY (see also "State Moneys"):
Action for recovery thereof,
County court, limitation............... 6 11(a)
District court, limitation............. 6 16(d)
New York city-wide court, civil
jurisdiction, limitation............. 6 15(b)
Bills appropriating, passage............. 4 7
Location for purposes of taxation........ 16 3
Rate of interest not to be regulated by
private or local bill.................. 3 17
MOTOR VEHICLES, DEPARTMENT OF:
Head of department, appointment and
removal................................ 4 4
MULTIPLE DWELLINGS:
Loans for rehabilitation................. 18 2
MUNICIPAL CORPORATIONS (see
"Municipalities").
MUNICIPAL COURT:
New York city,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred to
city-wide court of civil jurisdiction 6 35(e)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof.......... 6 35(a)
Judges, to be judges of city-wide court
of civil jurisdiction for remainder
of term.............................. 6 35(c)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned to
certain courts....................... 6 35(l)
Records, disposal thereof.............. 6 35(a)
Seal, disposal thereof................. 6 35(a)
MUNICIPALITIES (see also specific titles,
"Cities," "Towns," etc.):
Accounts, supervision by state
comptroller............................ 5 1
Advances by counties to towns and school
districts.............................. 8 1
Agencies, payments to certain private,
authorized............................. 8 1
Assessed valuation of real property,
limitations based on, housing.......... 18 4
Assessments, cities, towns and villages,
-- 232 --
INDEX
Art. Sec.
legislative power to restrict.......... 8 12
Assessments, state comptroller's powers.. 5 1
Average full valuation of real property
as basis for tax limitation............ 8 10
Bingo may be authorized by certain....... 1 9
Bridges, building, authorization by
private or local bill.................. 3 17
Bonds (see also "Indebtedness" under
"Municipalities"),
Amortization, payment of interest and
principal............................ 8 2
Ownership in private corporation
prohibited........................... 8 1
Pension or retirement system,
limitation of indebtedness........... 8 5
Redemption, appropriations............. 8 2
Charitable institutions, payments
authorized............................. 8 1
Civil service, appointments and
promotions............................. 5 6
Compensation of public officers subject
to taxation............................ 16 5
Correctional institutions,
Funds for privately operated,
authorized........................... 8 1
Indebtedness for maintenance and
education of inmates................. 8 1
Creation (see also "Organization" under
"Municipalities"),
Certain municipal corporations,
restrictions.......................... 8 3
Prohibition against special laws
inapplicable......................... 10 1
Drainage systems,
Common or excess, authorized........... 8 2-a
Indebtedness, exclusion from debt
limitation........................... 8 2-a
Revenues, restrictions on use.......... 8 2-a
Election, indebtedness................... 8 1
Eleemosynary institutions, payments to... 8 1
Employees,
Salaries and hours, provision.......... 9 2(c)
Welfare and safety, provision.......... 9 2(c)
Existing laws to continue until changed,
exceptions............................. 9 3(b)
Expenditures, taxes excluded from tax
limitation of certain.................. 8 11
Family homes, indebtedness for
maintenance and education.............. 8 1
Finance (see "Indebtedness" under
-- 233 --
INDEX
Art. Sec.
"Municipalities").
Firefighters, retired, pensions may be
increased.............................. 8 1
Forest lands, construction etc.,
of reservoirs.......................... 14 2
Gift of money or credit for private
purposes prohibited, exceptions........ 8 1
Grade crossing elimination,
liability for proportion............... 7 14
Health service for children,
authorization.......................... 8 1
Housing (see also "Housing"),
Corporations, indebtedness, guaranty
of payment, authorization............ 18 2
Loans for rehabilitation............... 18 2
Multiple dwellings, owners of
existing, loans prohibited........... 18 10
Indebtedness,
Action to compel setting apart funds
for payment.......................... 8 2
Advances to towns and school districts
by counties for unpaid taxes......... 8 1
Amount, determination.................. 8 4
Appropriation for payment.............. 8 2
Children, education and care
authorized........................... 8 1
County within or co-terminous
with city............................ 8 9
Creation of debt by public
corporations, consent required....... 8 3
Drainage purposes, exclusion
from limitation...................... 8 2-a
..................................... 8 5-7a
Exclusions from debt limitation........ 18 4,5
Exclusions from tax limitation......... 8 11
Family homes, maintenance
and education........................ 8 1
Fiscal officer, setting apart
money for payment.................... 8 2
Housing (see "Housing").
Legislature may limit power of levying
taxes or incurring indebtedness...... 8 12
Limitations............................ 8 2,4
Loans by state to public housing
corporations, liability.............. 18 5
City, exclusion of liability
from debt limit.................... 18 5
Mental defectives, care authorized..... 17 4
Needy, care authorized................. 8 1
New York city (see "New York City").
-- 234 --
INDEX
Art. Sec.
Payment, provisions, exception......... 8 2
Pension and retirement systems,
exclusion from limitation............ 8 5
Period for which contracted
or refunded.......................... 8 2
Pledge of faith and credit for
payment,............................. 8 2
Housing projects..................... 18 4
Power to contract,
Counties, where power ceases......... 8 9
Limitations and restrictions......... 8 1-12
................................... 8 3-7a,
Manner of ascertainment.............. 9,12
Prior indebtedness not affected
by constitutional limitations........ 8 8
Public corporations.................... 8 3
Public improvements and services,
exclusion from debt limitation,
Amount, methods of determination..... 8 5
Annual net revenue, condition,
determination...................... 8 5
Average net revenue, power of
legislature........................ 8 5
Conditions, limitations and
restrictions....................... 8 5
Drainage purposes, exclusion
from limitation.................... 8 2-a
Excess revenues, use................. 8 5
Existing exclusions unaffected....... 8 5
First year of operation.............. 8 5
Legislature, powers.................. 8 5
Net revenue, methods
of determination................... 8 5
Other exclusions granted by
constitution unaffected............ 8 5
Revenues, application and use........ 8 5
Sewage purposes, exclusion
from limitation.................... 8 2-a,5
State comptroller to make
determination, legislature
may provide........................ 8 2-a,5
Supreme court, jurisdiction to
determine amount, power to confer.. 8 5
Purposes for which contracted.......... 8 2
Refunding, conditions.................. 8 2
Sewage purposes, exclusion
from limitation...................... 8 2-a
Short term certificates,
exclusion from debt limitations...... 8 5
Tax limitation on real property........ 8 10-12
-- 235 --
INDEX
Art. Sec.
Validity of certain not affected....... 8 8
Void when contracted in excess
of limitations, exceptions........... 8 4
Water supply, exclusion from limitation 8 5
Institutions, payment to certain,
authorized........................... 8 1
Joint municipal facilities or services,
Municipalities may join
together to provide.................. 8 1
Indebtedness, joint or several,
may be contracted therefor........... 8 1
Taxes and charges may be imposed
therefor............................. 8 1
Laws relating to government, reservation
of legislative power................. 9 2(c)
Loans,
Credit, legislature to restrict powers. 8 12
Multiple dwellings, low rent projects,
public corporations.................. 18 2
Nursing homes, accommodations
for persons of low income............ 18 2
State,
Housing project, subsidy to
avoid default prohibited........... 18 5
Public housing corporation,
liability.......................... 18 5
Lotto may be authorized by certain....... 1 9
Municipal public utility services
(see also "Public improvements and
services" under "Municipalities"):
Fair returns on property used.......... 3 18
General municipal purposes,
use of profits....................... 3 18
Operating costs and reserves,
earnings above not prohibited........ 3 18
Operation, certain restrictions on
legislative power.................... 3 18
Refund to consumers, use of profits.... 3 18
Revenues and profits, use not
subject to certain legislative
restrictions....................... 3 18
Taxes, amounts equivalent to,
right to earn........................ 3 18
Nursing homes, loans to corporations
authorized............................. 18 2
Officers (See also "Public Officers"),
Election when no constitutional
provision............................ 9 1(b)
Extra compensation prohibited..........
Legislative power...................... 8 12
-- 236 --
INDEX
Art. Sec.
Organization (see also "Creation"
under "Municipalities"),
Cities, provision...................... 9 2(a)
Counties, provision.................... 9 2(a)
Towns, provision....................... 9 2(a)
Villages, provision.................... 9 2(a)
Orphan asylums, payments to.............. 8 1
Pensions not subject to taxation......... 16 5
Pension and retirement systems, debts
excluded in computing limitation....... 8 5
Pledge of faith and credit,
Low rent housing projects.............. 18 4
Payment of indebtedness,............... 8 2
Public corporations.................. 8 3
Police officers, retired, pensions may be
increased.............................. 8 1
Prison labor, may benefit from work done
by or receive products of ............. 3 24
Private corporations or associations,
ownership of stocks or bonds prohibited 8 1
Public corporations (see also "Public
Corporations"),
Acquisition of properties and payment
of indebtedness...................... 10 5
Creation, consent required........... 8 3
Inclusion in debt limitation......... 8 3
Liability for obligations prohibited... 10 5
Public health, protection, provision..... 17 3
Public improvements and services (see
also "Municipal public utility
services" under "Municipality"),
Exclusion from debt limitation......... 8 2-a, 5
Expenditures, certain, exclusion from
tax limitation of certain............ 8 11
Revenues of certain, application and
use,................................. 8 10-a
Water supply, restrictions
inapplicable to...................... 8 10-a
Public work, employees................... 1 17
....................................... 9 2(c)
Railroad crossing elimination, liability
for expense............................ 7 14
Reformatories, payments to............... 8 1
Refunding indebtedness, conditions....... 8 2
Reservoirs, cost of operation and
improvements, how apportioned.......... 14 2
Retirement system, debts excluded in
computing limitation................... 8 5
Revenue producing services............... 8 5, 10-a
School district, advances by county for
-- 237 --
INDEX
Art. Sec.
unpaid taxes........................... 8 1
Sewage systems,
Common or excess, authorized........... 8 2-a
Indebtedness, exclusion from debt
limitation........................... 8 2-a
Revenues, restrictions on use.......... 8 2-a
Social welfare, provision................ 17 1
State social welfare board,
Inspection of institution, agency or
home................................. 8 1
Visitation of institution.............. 17 2
Stock, ownership in private corporations
prohibited............................. 8 1
Taxes and assessments,
Appropriations for redemption of
certain evidence of indebtedness..... 8 2
Average assessed valuation, manner of
determining for debt limit purposes.. 8 4
Average full valuation, manner of
determining for tax limit purposes... 8 10
Cities, counties, towns and villages,
legislature to restrict powers....... 8 12
Education purposes, exclusion from tax
limit of certain..................... 8 10
Expenditures, certain, exclusion from
tax limitation....................... 8 11
Limitation of power.................... 8 12
Public corporations, certain, consent
to contract indebtedness............. 8 3
Real property, power to levy,
limitations, exclusions.............. 8 3,
................................... 10-12
Redevelopment projects................. 16 6
State comptroller's powers............. 5 1
Towns, advances by county for unpaid
taxes................................ 8 1
Water supply,
Common, authorized................... 8 2-a
Excess, authorized..................... 8 2-a
Indebtedness, exclusion from debt
limitation........................... 8 2-a, 5
Revenues, restrictions on use
inapplicable......................... 8 10-a
NAMES OF PERSONS:
Change by private or local bill
prohibited............................. 3 17
Nassau County:
District court, continued................ 6 16(a)
Indebtedness, limitation, exceptions..... 8 4
National Guard (see "Militia").
-- 238 --
INDEX
Art. Sec.
Naval Forces (see also "Militia"):
Governor to be commander-in-chief........ 4 3
Navigation:
Voting residence of persons engaged in... 2 4
Needy (see also "Social Welfare"):
......................................... 7 8
Aid, care and support.................... 8 1
...................................... 17 1
Neglected Children (see also "Children"):
Aid and support, power to provide........ 7 8
Family court, jurisdiction............... 6 13(b)(1)
State board of social welfare, visitation
of institutions........................ 17 2
New Trial:
Appeal from order of appellate division
granting............................... 6 3(b)(3)
Appellate court may grant................ 6 5(a)
New York Authority, Port of (see "Port of
New York Authority")
New York City (see also "Cities"):
Acquisition of land for docks, financing. 8 2
Appointment and removal of county clerks. 13 13(a)
Appointment or election of county
officers when not provided by
constitution........................... 13 13(c)
Bonds,
Debts excluded in computing limitation. 8 5, 7
..................................... 7a
Financing.............................. 8 2
Capital improvements, exclusion from tax
limitation............................. 8 11
Certificates of indebtedness, debts
excluded from limitation............... 8 5, 7,
....................................... 7a
City-wide courts (see "City-Wide Courts,
New York City").
Council thereof, to have powers of local
legislative body..................... 9 2(e)
Counties in city,
Abolition of certain offices and
assignment of functions.............. 13 13(c)
District attorney, election and removal 13 13(a)
Election or appointment of officers
not provided by constitution......... 13 13(c)
Elective officers to continue in office 13 13(c)
Existing laws to continue.............. 13 13(c)
Legislative power over................. 13 13(c)
Real estate, limitation of taxes....... 8 10
Taxes on real estate, limitation....... 8 10
County clerks (see also "County Clerks"),
-- 239 --
INDEX
Art. Sec.
Appointment and removal................ 13 13(a)
Assignment of duties to city officers.. 13 13(c)
County courts (see specific counties).
County offices,
Abolition of certain, assignment of
duties to city officers.............. 13 13(c)
Elections.............................. 13 8
Term of office of certain.............. 13 13(c)
Court of general sessions
(see "General Sessions").
District attorney (see also "District
Attorney),
Election and removal................... 13 13(a)
Term of office......................... 13 13(c)
Docks,
Debts excluded from limitation......... 8 7
Financing by bonds..................... 8 2
Domestic relations court(see "Domestic
Relations Court").
Election or appointment of county officers
when not provided by constitution...... 13 13(c)
Fiscal officer, exclusion of certain
indebtedness from tax limitation....... 8 11
General sessions (see "General Sessions").
Grade crossing elimination, amount of
state money to be segregated........... 7 14
Hospitals, indebtedness, amount excluded
in computing limitation................ 8 7
Improvements, certain, debts excluded
from limitation ....................... 8 7
Indebtedness,
Contribution to sinking fund for
payment.............................. 8 2
Debts excluded from limitation......... 8 5,7,
..................................... 7a
Financing by bonds..................... 8 2
Limitation............................. 8 4
Payment for certain improvements....... 8 2
Installments, payment of
indebtedness........................... 8 2
Legislature,
County officers or clerks, passage of
laws affecting....................... 13 13(c)
Message from governor required on laws
affecting certain county officers.... 13 13(c)
Two-thirds vote required on laws
affecting certain county officers.... 13 13(c)
Local laws, abolition of certain
county officers........................ 13 13(c)
Magistrate's court (see "Magistrate's
-- 240 --
INDEX
Art. Sec.
Court").
Pensions, benefits, increase
authorized for dependents of certain
employees............................ 8 1
Railroads,
Debts excluded in computing limitation. 8 7,7a
Financing by bonds..................... 8 2
Grade crossing elimination, amount
of state money to be segregated...... 7 14
Rapid Transit (see "Railroads under
"New York City").
Schools, certain debts excluded
from limitation........................ 8 7
Sheriffs (see "Sheriffs").
Special sessions (see "Courts Of Special
Sessions")
Subways, debts excluded in computing
limitation............................. 8 7,7a
Supreme Court (see "Supreme Court").
Taxes,
Limitation on annual, on real estate... 8 10
Real estate, annual, limitation........ 8 10
Valuation affecting limitation of
indebtedness......................... 8 7
Valuation limiting indebtedness........ 8 4
Water supply, financing by bonds......... 8 2
NEW YORK Colony:
Common law, acts and resolutions
constituting law of state.............. 1 14
NEW YORK COUNTY:
Court of general sessions,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred
to supreme court..................... 6 35(b)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Court of general sessions-(Concluded)
Judges, to be justices of supreme court
for remainder of term................ 6 35(b)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned to
certain courts....................... 6 35(l)
Records, disposal thereof.............. 6 35(a)
Seal, disposal thereof................. 6 35(a)
NEW YORK PORT AUTHORITY (see "Port of New
York Authority").
NEW YORK STATE BAR ASSOCIATION:
Court on the judiciary, request by
majority of executive committee to
-- 241 --
INDEX
Art. Sec.
convene.............................. 6 22(d)
NON-JUDICIAL PERSONNEL:
Abolished courts, assignment thereof..... 6 35(l)
NON-PROFIT CORPORATIONS:
Tax exemption not to be altered
or repealed............................ 16 1
NON-PROFIT ORGANIZATIONS:
Bingo or lotto, conducted by certain,
authorized............................. 1 9
NURSING HOMES:
Accommodations for persons of low income,
legislature may provide............... 18 1
Contracts,
State subsidies, legislature
may provide.......................... 18 2
Subsidies to corporations authorized... 18 2
Loans, authorization..................... 18 2
Subsidies, legislature may provide....... 18 2
OATH OR AFFIRMATION:
Court for trial of impeachments, members
to take................................ 6 24
Public officers to take.................. 13 1
Search and seizures,
Telephone and telegraph communications,
warrant for interception to be
supported............................ 1 12
Warrant to be supported................ 1 12
OBLIGATION OF DEBT:
Preservation............................. 1 15
OFFENSES:
Certain, jurisdiction of family court.... 6 13(b)(7)
OFFICE:
Duration, not provided by constitution... 13 2
OFFICERS (see "Public Officers").
OLD AGE:
Legislature, power to provide protection
against hazards........................ 7 8
ONEIDA COUNTY:
Special county judge, office abolished,
judge to be judge of family court for
remainder of term.................... 6 35(g)
OPINIONS:
Attorney general, constitutional
amendment.............................. 19 1
ORDERS:
Habeas Corpus............................ 1 3
Interception of telephone and
telegraph communications, conditions
for issuance........................... 1 12
ORGANIZATION:
-- 242 --
INDEX
Art. Sec.
Labor, right............................. 1 17
ORPHAN ASYLUM (see also"Charitable
Institutions").
Municipalities, authorization of
indebtedness........................... 8 1
OSWEGO CANAL (see also "Canal"):
Disposition, prohibition against......... 15 1
Exceptions............................... 15 2
PAPERS:
Abolished courts, to be deposited with
clerk of county in which courts are
located................................ 6 35(a)
PARDONS:
Communications of each case
to legislature by governor............. 4 4
Governor, power to grant, exceptions..... 4 4
Treason, power of legislature
to grant after conviction.............. 4 4
PARENT AND CHILD (see "Children").
PARI-MUTUEL BETTING:
Horse races, authorization............... 1 9
Revenue, derivation...................... 1 9
PARKS:
Condemnation of property, excess taking.. 1 7
PARKWAYS (see "Highways").
PAROLE:
Children, religious persuasion
to control............................. 6 32
Legislature to provide system............ 17 5
PASSENGERS, RAILROAD (see "Port of New York
Authority").
PATERNITY:
Establishment, jurisdiction of
family court........................... 6 13(b)(5)
PEACEMAKER COURTS:
Continued................................ 6 32
Judiciary article inapplicable........... 6 32
PENITENTIARIES (see "Correctional
Institutions," "Prisons," "Reformatories").
PENSIONS AND RETIREMENT SYSTEMS:
Benefits not to be
diminished or impaired................. 5 7
Cities, local laws, amendment or
repeal................................. 9 1(a)
....................................... 2(c)
Schools, legislative power over........ 9 3(c)
Pensions of retired police officers
and firefighters, may be increased... 8 1
Police officers and firefighters,
retired, pensions may be increased... 8 1
-- 243 --
INDEX
Art. Sec.
Firefighters and police officers,
retired, pensions may be increased... 8 1
Counties,
Pensions of retired police officers
and firefighters may be increased.... 8 1
Police officers and firefighters,
retired, pensions may be increased... 8 1
Firefighters and police officers,
retired, pensions may be increased... 8 1
Municipalities,
Debts excluded in computing limitation. 8 5
Retired police officers and fire
fighters, pensions may be increased.. 8 1
Pensions may be increased................ 7 8
Police officers and fire fighters,
retired, pensions may be increased... 8 1
State employees, exemption from taxation. 16 5
Teachers retirement system,
Pensions payable to widow, widower
or beneficiary of retired member
may be increased..................... 7 8
Towns,
Pensions of retired police officers and
firefighters, may be increased....... 8 1
Police officers and firefighters,
retired, pensions may be increased... 8 1
Firefighters and police officers,
retired, pensions may be increased... 8 1
Villages,
Pensions of retired police officers and
firefighters, may be increased....... 8 1
Police officers and firefighters,
retired, pensions may be increased... 8 1
Firefighters and police officers,
retired, pensions may be increased... 8 1
PEOPLE (see also "Persons," "Rights and
Privileges"):
Definition, local government............. 9 3(c)
PERMANENT REGISTRATION (see also "Elections"):
Systems, authority to enact laws......... 2 6
PERQUISITES OF OFFICE:
Constitutional officers, prohibition
against receiving...................... 13 7
PERSONAL INJURIES:
Damages, amount not to be limited
in case of death....................... 1 16
Right of action not to be abrogated in
case of death.......................... 1 16
PERSONAL PROPERTY (see also "Property"):
Liens, jurisdiction to foreclose,
-- 244 --
INDEX
Art. Sec.
County courts.......................... 6 11(a)
District courts........................ 6 16(d)
New York city-wide court
of civil jurisdiction.................. 6 15(b)
Taxation,
Excise tax prohibited, exception....... 16 3
Intangibles not taxed ad valorem....... 16 3
Place where deemed located............. 16 3
PERSONNEL:
Non-judicial, abolished courts,
assignment thereof..................... 6 35(1)
PERSONS (see also "People," "Rights and
Privileges"):
Due process, deprivation of life, liberty
or property prohibited................. 1 6
Exclusive privilege, immunity or
franchise by private or local bill
prohibited............................. 3 17
Laying railroad tracks, privilege
by private orlocal bill prohibited..... 3 17
Name, change, private or
local bill prohibited.................. 3 17
Searches and seizures, protection against
unreasonable........................... 1 12
PETE GAY MOUNTAIN:
Forest preserve, construction of certain
ski trails authorized.................. 14 1
PETIT JURY (see "Jury"):
PETIT LARCENY:
Indictment by grand jury unnecessary..... 1 6
PETITION:
Right guaranteed......................... 1 9
PHYSICALLY HANDICAPPED:
Education and support,
legislature to provide................. 7 8
PLACES OF VOTING:
Designation by private or local
bill prohibited........................ 3 17
POLICE OFFICERS, RETIRED:
Pensions, right of municipalities
to increase............................ 8 1
POLITICAL PARTIES (see also "Elections"):
Party positions, primary elections
may be waived in certain cases......... 1 1
Sex, rules may provide for equal
representation on committes............ 13 1
POLITICAL SUBDIVISIONS (see also "Cities, "
"Counties," "Municipalities,"etc):
Accounts, supervision by comptroller..... 5 1
Health, protection and promotion......... 17 3
-- 245 --
INDEX
Art. Sec.
Needy, aid, care and support............. 17 1
Officers and employees, salaries
subject to taxation.................... 16 5
Pensions, exemption from taxation........ 16 5
Schools, denominational, religious,
state aid prohibited................... 11 3
POLITICAL YEAR:
Commencement............................. 13 4
POOL-SELLING (see also "Gambling"):
Prohibition against authorization........ 1 9
POOR (see also "Social Welfare"):
Municipalities, authorization of
indebtedness to support................ 8 1
Legislature, power to provide............ 7 8
POPULATION (see "Federal Census"):
Port of New York Authority:
Railroad passenger facilities,
Lease of, to railroads................. 10 7
Liabilty of state for obligations
issued to purchase................... 10 7
Obligations for certain, guaranty
by state............................. 10 7
Purchase and lease, authority.......... 10 7
State, liability for certain
obligations.......................... 10 7
PRACTICE AND PROCEDURE:
Legislature, may delegate power to
regulate............................... 6 30
PREAMBLE OF CONSTITUTION................... Page 12
PREFERENCE:
Housing, occupancy of low rent projects,
restrictions........................... 18 6
Religious worship, prohibition against... 1 3
PRESIDENT OF SENATE:
Absence or impeachment of lieutenant-
governor, temporary president to
discharge duties of office............. 4 6
Court for trial of impeachments,
member................................. 6 24
Lieutenant-governor acting as
governor, temporary president to
discharge duties of office............. 4 6
Lietenant-governor to be................. 4 6
Notification of removal charges before
court on the judiciary................. 6 22(e)
PRESS:
Freedom guaranteed....................... 1 8
PREVAILING RATE OF WAGE
(see "Public Work").
PRINTING:
-- 246 --
INDEX
Art. Sec.
Bills, requirement....................... 3 14
PRISONS (see also "Correctional
Institutions," "Reformatories"):
Labor,
Contract system abolished and
prohibited........................... 3 24
Political subdivisions may benefit
from work done or products........... 3 24
Products or profits not to benefit any
person or corporation................ 3 24
Public institutions may benefit from
work done or products................ 3 24
State may benefit from work done or
products............................. 3 24
Legislature to provide for support and
maintenance............................ 17 5
Occupation and employment of prisoners... 3 24
Voting residence unaffected while
confined............................... 2 4
PRIVATE AND LOCAL BILLS (see "Bills,"
"Local Laws," "Special Laws").
PRIVATE PROPERTY (see "Property").
PRIVATE ROADS:
Benefits, payment........................ 1 7
Opening, jury to determine necessity and
amount of damage....................... 1 7
PRIVILEGES (see "Rights and Privileges").
PROBABLE CAUSE:
Warrents for search and seizure.......... 1 12
PROBATE OF WILLS:
Surrogate's court, jurisdiction.......... 6 12(d)
PROBATION:
Legislature to provide system............ 17 5
PROCESSES:
Courts, service and execution............ 6 1(c)
PRODUCE:
Offices for weighing, etc., abolished.... 5 5
PROFITS:
Housing; loans to certain corporations... 18 2
Non--profit organizations, alteration or
repeal of tax exemptions prohibited.... 16 1
Savings banks; trustees to have no
interest in profits of corporation..... 10 3
Undistributed, taxation prohibited....... 16 3
PROPERTY (see also "Lands"):
Condemnation for public use.............. 1 7
Due process, deprivation prohibited...... 1 6
Exemption from taxation by private or
local bill prohibited.................. 3 17
Private property, compensation when taken
-- 247 --
INDEX
Art. Sec.
for public use......................... 1 7
Real property, comptroller's powers
respecting assessment and taxation..... 5 1
PROSECUTION:
Capital or infamous crimes, by indictment
of grand jury, exceptions.............. 1 6
PUBLIC AGENCIES (see "Public
Corporations").
PUBLIC AUTHORITIES (see "Public Corporations").
PUBLIC CORPORATIONS (see also specific titles,
"Cities," "Towns," etc.):
Accounts subject to supervision.......... 10 5
Bridges, building, authorization by
private or local bill.................. 3 17
Comptroller to supervise accounts........ 10 5
Creation,
Prohibition against certain, exception. 8 3
Special act only, exceptions........... 10 5
Drainage systems, excess or common,
authorization.......................... 8 2-a
Municipalities may contract
indebtedness........................... 8 2-a
Employment,
Indebtedness, guaranty by state........ 10 7
Loans by state, unauthorized........... 7 8
Housing,
Acquisition of property................ 18 9
Definition............................. 18 2
Eminent domain authorized.............. 18 2,9
Excess property, acquisition and use... 18 3
Indebtedness, liability, how computed,. 18 7
Payment, guaranty by muncipality..... 18 2
Loans authorized,...................... 18 2
Municipal liability for repayment
to state............................. 18 5
Subsidies authorized................... 18 2
Subsidy to avoid default on state loan
prohibited........................... 18 5
Indebtedness,
Payment by state or political
subdivision............................ 10 5
Restrictions on power to contract...... 8 3
Industrial plants, rehabilitation,
Indebtedness, guaranty by state........ 10 7
Loans by state, authorized............. 7 8
Manufacturing plants, rehabilitation,
Indebtedness, guaranty by state........ 10 7
Loans by state, authorized............. 7 8
Obligations,
Liability of state or political
-- 248 --
INDEX
Art. Sec.
subdivisions prohibited, exception..... 10 5,6
Powers when created pursuant to
interstate compact..................... 10 5
Powers to be limited, exceptions......... 10 5
Property, acquisition by state or
political subdivisions................. 10 5
Sewage systems, excess or common,
authorization.......................... 8 2-a
Municipalities may contract
indebtedness........................... 8 2-a
Special act for creation, exceptions..... 10 5
Thruways,
Bonds, liability of state.............. 10 6
Canal lands, use....................... 10 6
Obligations, liability of state........ 10 6
Water supply, excess or common,
authorization.......................... 8 2-a
Municipalities may contract
indebtedness........................... 8 2-a
PUBLIC HEALTH (see "Health and Safety").
PUBLIC HOUSING (see "Housing").
PUBLIC IMPROVEMENTS (see "Improvements,"
"Municipalities").
PUBLIC INSTITUTIONS:
Prison labor, may receive work
done or products....................... 3 24
Visitation and inspection................ 17 2-6
Voting residence unaffected while
confined at certain.................... 2 4
PUBLIC OFFICE:
Disqualification of certain judges and
justices from holding other............ 6 20(b)(1)
Duration when not otherwise provided..... 13 2
Duties, succession during certain
emergencies, legislature to provide.... 3 25
Forfeiture,
Refusal to sign waiver of immunity in
certain cases........................ 1 6
Refusal to testify concerning conduct.. 1 6
Impeachment,
Removal from office and
disqualification..................... 6 24
Inquiry into conduct by grand jury....... 1 6
Judges, removal by court on the
judiciary, disqualification............ 6 22(c)
Powers, succession during certain
emergencies, legislature to provide.... 3 25
Primary elections, waiver authorized in
certain cases.......................... 1 1
Refusal of public officers to testify or
-- 249 --
INDEX
Art. Sec.
waive immunity, disqualification from
holding other public office or
employment............................. 1 6
Succession to powers and duties, periods
of certain emergencies, legislature to
provide................................ 3 25
PUBLIC OFFICERS (see also specific
officers):
Assembly members, extra compensation
prohibited............................. 3 6
Attorney general to institute suit for
forfeiture of office................... 1 6
Bribery, expense of investigation or
prosecution state charge............... 13 13(b)
Compensation (see also "Compensation"),
Change during term prohibited.......... 13 7
Constitutional officers................ 13 7
Taxation, subject to................... 16 5
Constitutional provisions relating to.... 13 1-7
Duration of office when not provided by
constitution........................... 13 2
Election, certain........................ 13 8
Fees,
Constitutional officer................. 13 7
Increase or decrease during term by
private or local bill prohibited..... 3 17
Forfeiture of office..................... 1 6
Immunity, penalty for failure to sign
waiver................................. 1 6
Impeachment, majority vote required,..... 6 24
Liability to indictment and punishment
unaffected........................... 6 24
Indictment or information, power of
grand juries........................... 1 6
Legislature, members ineligible for
certain other public offices........... 3 7
Limitation upon test..................... 13 1
Local, method of selection when not
otherwise provided..................... 9 1(b)
Member of legislature, extra
compensation prohibited................ 3 6
Misconduct in office, power of grand
Jury not to be impaired................ 1 6
Oath of office........................... 13 1
Pension or retirement systems, benefits
not to be diminished................... 5 7
Pensions not subject to taxation......... 16 5
Power of grand jury to investigate not
subject to suspension or impairment.... 1 6
Proceedings involving, appeals to court
-- 250 --
INDEX
Art. Sec.
of appeals............................. 6 3(b)(5)
Refusal to testify or waive immunity,
disqualification from holding other
public office or employment............ 1 6
Removal from office (see also "Removal
from Office"),
Failure to sign waiver of immunity
in certain cases..................... 1 6
Failure to testify before grand jury
concerning official duties........... 1 6
Misconduct or malversation, vacancies.. 13 5
Salaries (see "Compensation" under
"Public Officers").
Senators, extra compensation prohibited.. 3 6
Sex, equal representation on committees
of political parties................... 13 1
State officers (see also specific state
officers),
General provisions..................... 5 1-7
Legislature of assign functions........ 5 3
Rules and regulations, filing and
publication.......................... 4 8
Term of office, duration when not
provided by constitution............. 13 2
Vacancies in office,................... 13 6
Declaration when not provided by
constitution....................... 13 6
Filling................................ 13 3,5
PUBLIC SAFETY:
Suspension of writ of habeas corpus...... 1 4
PUBLIC SCHOOLS (see "Schools").
PUBLIC SERVICE, DEPARTMENT OF:
Head of department, appointment and
removal................................ 5 4
PUBLIC USE (see "Eminent Domain," "Lands,"
"Property").
PUBLIC UTILITIES (see also
"Municipalities"):
Municipal operation, profits,
restriction on legislative power....... 3 18
PUBLIC WELFARE (see "Social Welfare").
PUBLIC WORK:
Collective bargaining.................... 1 17
Days of labor, limitation, exception..... 1 17
Employees, rights generally, legislative
power.................................. 9 2(c)
....................................... 13 14
Hours of labor, limitation, exception.... 1 17
Wages, prevailing rate to be paid........ 1 17
PUBLIC WORKS, DEPARTMENT OF:
-- 251 --
INDEX
Art. Sec.
Head of department, appointment and
removal................................ 5 4
PUBLICATION:
Legislature, journal of proceedings...... 3 10
Rules and regulations of state
departments and officers............... 4 8
PUNISHMENTS:
Cruel and unusual, prohibition against... 1 5
PUPILS (see "Schools").
QUEENS COUNTY:
County court,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred
to supreme court..................... 6 35(b)
Appeals, where taken................... 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be justices of supreme
court for remainder of term.......... 6 6(d),35(b)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned to
certain courts....................... 6 35(l)
Records, disposal thereof.............. 6 35(a)
Seal, disposal thereof................. 6 35(a)
QUORUM:
Constitutional convention................ 19 2
Court of appeals......................... 6 2(a)
Legislature,
Majority of each house to constitute... 3 9
Three-fifths required for passing
certain bills........................ 3 23
Supreme Court,
Appellate division..................... 6 4(b)
Appellate term......................... 6 8(c)
Discrimination in civil rights
prohibited........................... 1 11
RAILROADS:
Construction or operation of street,
restrictions........................... 3 17
Grade crossings,
Debts, issuance of bonds for
elimination.......................... 7 14
Expense of elimination, how
borne................................ 7 14
Incidental improvements................ 7 14
New York city,
Segregation of unexpended state
moneys for elimination............. 7 14
Reimbursement by railroads............. 7 14
State debt, maximum amount for
elimination and improvement.......... 7 14
-- 252 --
INDEX
Art. Sec.
Local laws, power of local governments
to adopt or amend.................... 9 2(c)
New York city,
Debts excluded in computing
limitation........................... 8 7,7a
Financing by serial bonds.............. 8 2
RAILROAD PASSENGERS(see "Port of New York
Authority").
RAILROAD TRACKS (see also "Railroads"):
Laying down, privilege by private
or local bill prohibited............... 3 17
RAPID TRANSIT RAILROADS (see "Railroads).
RATE OF INTEREST (see "Interest").
REAL PROPERTY (see also"Lands,"
"Municipalities," "Property," "Taxation
and Taxes").
Summary of proceedings to recover,
County court, jurisdiction............. 6 11(a)
New York city-wide court
of civil Jurisdiction................ 6 15(b)
REBELLION:
Suspension of writ of habeas corpus...... 1 4
RECREATION:
Rehabilitation of substandard and
insanitary areas....................... 18 1
Use of certain forest preserve lands. 14 3
RECORDS:
Abolished courts, to be deposited with
clerk of county in which courts are
located................................ 6 35(a)
REDEMPTION:
Certificate of indebtedness,
Municipal appropriations............... 8 2
New York city, taxes excluded
from limitation of tax on real
property............................. 8 11
REFEREE:
Judges and justices, prohibition
against acting......................... 6 20(b)(4)
Official, office abolished............... 6 35(k)
REFERENDUM:
Amendments to the constitution........... 19 1
Annexation of territory, local
government............................. 9 1(d)
Constitutional amendments................ 19 1
Counties, alternative form of
government............................. 9 2
Creation of state debt................... 7 11
Grade crossing elimination............... 7 14
Local laws, amendment or repeal of
-- 253 --
INDEX
Art. Sec.
certain................................ 9 1(a),2(c)
Housing,
Contracts for payment of subsidies..... 18 3
Debt for low rent and slum clearing
projects............................. 18 3
Public corporations, approval of grant
of powers.............................. 10 5
School districts, certain,
propositions to increase tax
limitation............................. 8 10
State debt, creation..................... 7 11
REFORMATORIES (see also "Correctional
Institutions," "Prisons"):
Contract system abolished................ 3 24
Labor, product or profit for benefit
of state, municipality or public
corporation............................ 3 24
Legislature,
Maintenance and support................ 17 5
Occupation and employment of
prisoners............................ 3 24
State board of social welfare,
visitation............................. 17 2
Voting residence of prisoners not
affected............................... 2 4
REFUNDING:
Municipal debt, conditions............... 8 2
State debt, conditions................... 7 13
REGENTS OF THE UNIVERSITY OF THE STATE
OF NEW YORK (see also "University of
the State of New York"):
Commissioner of education, appointment
and removal............................ 5 4
Consent required, for increase in debt
limit of certain school districts...... 8 4
Education department, head............... 5 4
Renamed and continued as University of
the State of New York................ 11 2
REGISTERS (see "County Registers").
REGISTRATION OF VOTERS (see
"Elections").
REHIBILITATION (see also "Housing"):
Housing, substandard and insanitary
areas.................................. 18 1
RELIGION:
Children, adoption, etc., religious
persuasion to control.................. 6 32
Discrimination in civil rights
prohibited............................. 1 11
Free exercise and enjoyment
-- 254 --
INDEX
Art. Sec.
guaranteed............................. 1 3
Witness, competency unaffected by
religious belief....................... 1 3
RELIGIOUS CORPORATIONS (see also
"Corporations"):
Tax exemption of property................ 16 1
RELIGIOUS SCHOOLS:
State aid prohibited..................... 11 3
RELIGIOUS WORSHIP:
Acts of licentiousness not excused....... 1 3
Freedom guaranteed....................... 1 3
Practices inimical to pease and
safety not sanctioned.................. 1 3
REMOVAL FROM OFFICE:
Clerks of counties....................... 13 13(a)
District attorneys....................... 13 13(a)
Governor, lieutenant-governor to act..... 4 5
Impeachment, extent of judgment.......... 6 24
Judges and justices,
Court on the judiciary, procedure...... 6 22(a-h)
Judges of court of appeals and
justices of supreme court............ 6 23(a)
Removal by court on the judiciary
except for cause prohibited.......... 6 23(c)
Judgment, extent upon impeachment........ 6 24
Judicial officers generally.............. 6 23(a,b,c)
Public officers,
Failure to sign waiver of immunity
or refusal to testify................ 1 6
Generally.............................. 13 5
Registers.............................. 13 13(a)
Sheriffs............................... 13 13(a)
REPEAL:
Common law, colonial and statutory laws
and resolutions........................ 1 14
Corporations, alteration or repeal of
laws................................... 10 1
Law authorizing debt..................... 7 11
Taxation, alteration or repeal of
exemptions............................. 16 1
REPRIEVES:
Communication of each case to
legislature............................ 4 4
Governor, power to grant, exceptions..... 4 4
Treason, power of legislature to grant... 4 4
RESERVE FORCES (see "Militia").
RESERVOIRS:
Forest lands,
Charges for benefit.................... 14 2
Construction, conditions............... 14 2
-- 255 --
INDEX
Art. Sec.
Improvements, apportionment of cost.... 14 2
Operation, apportionment of cost....... 14 2
Use for construction and
maintenance, hearings................ 14 2
RESIDENCE (see also specific offices):
Judges and justices (see specific courts).
Legislature, member, qualification....... 3 7
Voters, when not deemed to have gained
or lost.............................. 2 4
RETIREMENT FOR AGE:
Enumerated judges and justices........... 6 25(b)
RETIREMENT FOR DISABILITY:
Appellate division, power, certain
courts................................. 6 22(i)
Court of the judiciary, power............ 6 22(a-h)
Compensation after retirement............ 6 22(c)
Judicial officers enumerated............. 6 22(a)
RETIREMENT FUND:
Municipalities, debts excluded in
computing limitation................... 8 5
RETIREMENT SYSTEM (see "Pension and
Retirement Systems").
RICHMOND COUNTY:
County court,
Abolished.............................. 6 35(a)
Actions and proceedings, transferred
to supreme court..................... 6 35(b)
Appeals, where taken................. 6 35(m)
Documents, disposal thereof............ 6 35(a)
Judges, to be justices of supreme
court for remainder of term.......... 6 6(d) 35(b)
Papers, disposal thereof............... 6 35(a)
Personnel, non-judicial, assigned
to certain courts.................... 6 35(1)
Records, disposal thereof.............. 6 35(a)
Seal, disposal thereof................. 6 35(a)
RIGHTS, BILL OF............................ 1 1-18
RIGHTS OF ACTION (see "Judicial
Proceedings").
RIGHTS AND PRIVILEGES:
Accused, rights (see "Criminal Actions").
Apportionment of members of assembly,
right to judicial review............... 3 5
Assembly, right guaranteed............... 1 9
Bail, prohibition against
excessive.............................. 1 5
Bill of rights, generally................ 1 1-18
Citizens not to be deprived, exception... 1 1
Civil rights, guaranty against
discrimination......................... 1 11
-- 256 --
INDEX
Art. Sec.
Due process of law....................... 1 6
Exclusive grant by private or
local bill prohibited.................. 3 17
Fines, prohibition against excessive..... 1 5
Indictment by grand jury in capital
or infamous crimes, exception.......... 1 6
Interception of telephone and telegraph
communications, unreasonable
prohibited............................. 1 12
Petition, right guaranteed............... 1 9
Private property not to be taken without
just compensation...................... 1 7
Punishment, prohibition against cruel
and unusual............................ 1 5
Religion, freedom guaranteed............. 1 3
Security against unreasonable searches
and seizures........................... 1 12
Speech and press, freedom guaranteed..... 1 8
Voting,
Disfranchisement prohibited............ 1 1
Secrecy guaranteed..................... 2 7
Witnesses, prohibition against unreason-
able detention......................... 1 5
Writ of habeas corpus guaranteed,
exception.............................. 1 4
ROCHESTER, CITY OF:
Improvement, debts excluded in computing
limitation............................. 8 6
ROCKLAND COUNTY:
Special county judge, office abolished,
judge to be judge of family court for
remainder of term...................... 6 35(g)
RULES AND REGULAIONS:
Court on the judiciary may make its own.. 6 22(f)
Departmental, filing and publication,
exception.............................. 4 8
State agencies, filing and publication,
exception.............................. 4 8
SAFETY (see "Health and Safety").
SAILORS (see "Soldiers and Sailors").
SALARIES (see "Compensation").
SALES:
Canals, prohibition,..................... 15 1
Exceptions............................. 15 2
Forest preserves, prohibited............. 14 1
Housing, excess properly acquired........ 18 8
Reforestation, lands acquired............ 14 3
Timber from forest preserve, prohibited.. 14 1
Wild life conservation, lands acquired... 14 3
SANITATION:
-- 257 --
INDEX
Art. Sec.
Housing, rehabilitation of substandard
areas.................................. 18 1
Reservoirs, forest lands................. 14 2
SARANAC LAKE:
Exchange of certain forest preserve lands,
authorized............................. 14 1
SAVINGS BANKS:
Capital stock prohibited................. 10 3
Charters to be uniform and conform to
general law............................ 10 3
Directors, interest in contracts
prohibited............................. 10 3
Legislature, charters to conform to
general laws........................... 10 3
Trustees, interest in loans in profits
prohibited............................. 10 3
SAVINGS INSTITUTIONS (see "Savings Banks").
SCHOOL DISTRICTS:
Allocation to, of certain city
indebtedness........................... 8 4
Appropriations for payment of debts...... 8 2
Children, provision for health and safety 7 8
County advances of unpaid taxes.......... 8 1
Debt limitation of certain,
Amount limited......................... 8 4
Average full value, manner of deter-
mining for debt limit purposes....... 8 4
City Indebtedness, certain, allocation. 8 4
Exceeding debt limit, procedure........ 8 4
Propositions to increase............... 8 4
Fiscal officer, payment of indebtedness.. 8 2
Gifts for private purposes prohibited.... 8 1
Indebtedness,
Constitutional provisions not to
invalidate prior indebtedness........ 8 8
Exclusions from city indebtedness of
certain.............................. 8 4
Legislative power to limit............. 8 12
Limitation of certain.................. 8 4
Period................................. 8 2
Pledge of faith and credit for payment. 8 2
Refunding, conditions.................. 8 2
Restrictions........................... 8 1
Interest payments, action to compel
setting apart funds.................... 8 2
Joint municipal facilities or services,
Indebtedness, joint or several, may be
contracted therefor.................. 8 1
Municipalities may join together to
provide.............................. 8 1
-- 258 --
INDEX
Art. Sec.
Taxes and charges may be imposed
therefor............................. 8 1
Loans for private purposes prohibited.... 8 1
Ownership of bonds or stocks in private
corporation prohibited................. 8 1
Public work, hours and wages............. 1 17
Tax limitation of certain,
Amount limited......................... 8 10
Average full value, manner of determining
for tax limit purposes............... 8 10
Consolidated district, limitation,
legislature to prescribe............. 8 10
Expenditures, taxes for certain,
exclusion............................ 8 11
Propositions to increase............... 8 10
Taxes, legislative power to limit........ 8 12
Voters, qualifications, on certain
propositions, legislature to prescribe. 8 4,10
SCHOOLS (see also "Education"):
Denominational and religious,
state aid prohibited................... 11 4
Free common, legislature to provide...... 11 1
Legislative powers....................... 9 3(a)
Retirement system, legislative powers.... 9 3(a)
State aid to denominational schools
prohibited............................. 11 3
Transportation of children,
legislature may provide................ 11 3
SEA:
Voting residence unaffected by service... 2 4
SEALS:
Abolished courts, to be deposited with
clerks of county in which
courts are located................... 6 35(a)
SEARCHES AND SEIZURES:
Telephone and telegraph communications,
unreasonable interception prohibited... 1 12
Unreasonable, security of people against. 1 12
Warrants, issuance, conditions........... 1 12
SECURITY:
Sheriffs, renewal........................ 13 13(a)
SEIZURES (see "Searches and Seizures").
SENATE (see also "Legislature," "Senators"):
Absence or impeachment of lieutenant-
governor, temporary president
to discharge duties of office.......... 4 6
Additional members, conditions........... 3 4
Adjournment, when consent of assembly
required............................... 3 10
Appointment with advice and consent,
-- 259 --
INDEX
Art. Sec.
County court, judges, vacancies........ 6 21(a)
Court of appeals judges, vacancies..... 6 2(c)
Court of claims judges................. 6 9
Department heads, boards and
commissions............................ 5 4
Family court judges, outside New York
City, vacancies........................ 6 21(a)
Supreme court justices, vacancies...... 6 21(a)
Surrogate's court judges, vacancies.... 6 21(a)
Appropriation bills, passage over veto,
two-thirds vote required............... 4 7
Bills (see also "Appropriations,"
"Bills," "Legislature"),
Amendment of bills passed
by assembly.......................... 3 12
Desks of members, three day rule..... 3 14
Enacting clause...................... 3 13
Introduction......................... 3 12
Law enacted only by bill............. 3 13
Majority vote required for passage
Passage, conditions prerequisite,.... 3 14
Majority vote required............... 3 14
Veto, reconsideration, two-
thirds vote required................. 4 7
Boards and commissions,
Appointment with advice and consent.... 5 4
Constitutional amendments,
proposal, reference.................... 19 1
Court of appeals judges, appointment to
fill vacancies, advice and consent..... 6 2(c)
Court of claims judges, consent required
for appointment........................ 6 9
Department heads, appointment, advice
and consent............................ 5 4
Districts (see "Senate Districts").
Doors to be kept open, exception......... 3 10
Election, when held...................... 3 8
Extraordinary sessions,
Additional per diem allowance
for service............................ 3 6
Governor may convene..................... 4 3
Subjects for consideration............. 4 3
Forfeiture of membership upon
acceptance of certain offices.......... 3 7
Journal of proceedings
(see also "Legislature"),
Bills, final passage, ayes and nays
to be entered.......................... 3 14
Governor's objections to bills
to be entered.......................... 4 7
-- 260 --
INDEX
Art. Sec.
Keeping and publishing................. 3 10
Passage of bill over veto, entry....... 4 7
Removal of judges and justices, ayes
and nays to be entered,................ 6 23(c)
Charges to be entered.................. 6 23(c)
Three-fifths quorum bills,
entry of votes......................... 3 23
Legislative power vested in senate
and assembly........................... 3 1
Legislature, extraordinary sessions...... 4 3
Lieutenant-governor acting as governor,
temporary president to discharge duties 4 6
of office of lieutenant-governor.......
Lieutenant-governor to have only
casting vote........................... 4 6
Major-generals, appointment, consent..... 12 4
Members,
Additional allowance for service, court
for trial of impeachments.............. 3 6
Allowance as officer or for service in
special capacity, Not to be increased
or diminished during term.............. 3 6
Apportionment,
Counties, number of members............ 3 4
Duty of legislature...................... 3 4
Federal census controlling, exceptions. 3 4
Ratio for apportionment................ 3 4
Compensation,............................ 3 6
Annual, law fixing, same in each house. 3 6
Extra or other, prohibited............. 3 6
Not to be increased or diminished
during term.......................... 3 6
.................................. 13 7
Court for trial of impeachments,
Additional allowance for service....... 3 6
Membership............................. 6 24
Districts, each to choose one............ 3 3
Elections and qualifications, to judge... 3 9
Forfeiture of membership on acceptance
of certain offices..................... 3 7
Number, exception...................... 3 2,4
Qualifications,........................ 3 7
Power to judge....................... 3 9
Salary and allowances.................. 3 6
Speeches and debates privileged........ 3 11
Term of office......................... 3 2
Time for election...................... 3 8
Traveling expenses..................... 3 6
Vacancy in office, creation............ 3 7
Officers, selection...................... 3 9
-- 261 --
INDEX
Art. Sec.
President,
Court for trial of impeachments,
member............................... 6 24
Court on judiciary to give notice of
removal charges...................... 6 22(e)
Lieutenant-governor to be ............. 4 6
Privilege of members, speeches and
debates................................ 3 11
Publication of journal of proceedings,
parts excepted......................... 3 10
Qualifications for membership............ 3 7
Power to judge......................... 3 9
Quorum,
Majority to constitute................. 3 9
Three-fifths required for passing
certain bills........................ 3 23
Removal of judicial officers,
Court of appeals judges and supreme
court justices....................... 6 23(b)
Court on the judiciary, stay of action. 6 22(e)
Generally, recommendation of governor,
exceptions........................... 6 23(b)
Rules of proceedings, determination.... 3 9
Senators ( see "Senators").
Supreme court justice, consent necessary
for interim appointment................ 6 21(a)
Temporary president,
Election, absence, impeachment or
refusal of lieutenant-governor to act 3 9
Governor, when to act.................. 4 6
Impeachment, trial, not to serve as
member of court...................... 6 24
Inability to act as governor, speaker
of assembly to act................... 4 6
Lieutenant-governor, when to act....... 4 6
Selection.............................. 3 9
Vacancies in office of certain judicial
offices, consent....................... 6 21(a)
Vacancy in office of supreme court
justices, consent...................... 6 21(a)
Yeas and nays,
Reconsideration of vetoed bills........ 4 7
Senate Districts:
Alteration, reapportionment, readjustment 3 3, 4
Basis for future reapportionments........ 3 3
Constitution of 1894, use................ 3 3
Constitutional convention, electors to
elect delegates....................... 19 2
Duration and continuance, exceptions..... 3 4
Existing, effect of readjustment or
-- 262 --
INDEX
Art. Sec.
alteration............................. 3 4
Federal census controlling, exceptions... 3 4
Form..................................... 3 4
Formation,
City blocks not to be divided.......... 3 4
County not to be divided, exception.... 3 4
Equality in number of inhabitants to
control.............................. 3 4
Population............................. 3 4
Restrictions........................... 3 4
Rules.................................. 3 4
Town not to be divided, exception...... 3 4
Future reapportionments, how determined.. 3 3, 4
Inhabitants, equal number................ 3 4
Law readjusting or altering, effect upon
existing............................... 3 4
Readjustment or alteration,
Directions............................. 3 4
When to be made........................ 3 4
Territory to be contiguous............... 3 4
Senators (see also "Legislature," "Senate"):
Acceptance of certain offices to vacate
seat................................... 3 7
Additional per diem allowance at
extraordinary session.................. 3 6
Allowances for services as officer or
in special capacity.................... 3 6
Apportionment, conditions................ 3 4
Commissioner of deeds, eligibility for
appointment............................ 3 7
Compensation, allowances and traveling
expenses............................... 3 6
Compensation and allowances not to be.... 3 6
increased or diminished during term.... 13 7
Court for trial of impeachments,
membership............................. 6 24
Additional allowances for services as
members.............................. 3 6
Court on the judiciary, proceedings, stay 6 22(e)
Election from new senate districts....... 3 4
Election, when held...................... 3 8
Existing compensation and allowances to
continue until changed................. 3 6
Extra compensation prohibited............ 3 6
Ineligibility for certain civil
appointments........................... 3 7
Judicial officers, removal of certain,
Charges against, time to prefer, to stay
action by court on the judiciary..... 6 22(e)
Two-thirds vote required............... 6 23(b)
-- 263 --
INDEX
Art. Sec.
Militia, eligibility for service....... 3 7
Number................................... 3 2, 4
Limitations governing counties......... 3 4
Office without compensation, eligibility
for appointment........................ 3 7
Public office, election or appointment
to another office...................... 3 7
Qualifications........................... 3 7
Quorum................................... 3 9, 23
Ratio of apportionment................... 3 4
Reserve forces of the United States,
eligibility for membership............. 3 7
Salary, law fixing annual................ 3 6
Senate to judge elections and
qualifications of members.............. 3 9
Speeches and debates, not subject to
question............................... 3 11
Term of office........................... 3 2
Traveling expenses, reimbursement,
limitation............................. 3 6
Vacancy in office, when created.......... 3 7
Seneca Canal (see also "Canals"):
Disposal, prohibition,................... 15 1
Exceptions............................. 15 2
Sentence and Punishment:
Commutations, governor, power to grant... 4 4
Court on the judiciary, extent........... 6 22(a)
Court martial, removal of commissioned
officer................................ 12 6
Pardons, governor, power to grant........ 4 4
Reprieves, governor, power to grant...... 4 4
Treason,
Governor, suspension of execution...... 4 4
Legislative power to commute, pardon
or reprieve.......................... 4 4
Serial Bonds (see also "Municipalities," "State"):
Municipalities,
Appropriation for redemption........... 8 2
Pension or retirement system, exclusion
from debt limitation................. 8 5
Taxes, when excluded from tax
limitation........................... 8 10, 11
New York city, financing................. 8 2
Sessions (see "Legislative Sessions").
Sewage Facilities:
Indebtedness therefor, certain, to be
excluded from debt limitations......... 8 2-a, 5
Sewage Systems:
Common or excess, for municipalities..... 8 2-a
Indebtedness,
-- 264 --
INDEX
Art. Sec.
Allocation method, legislature may
provide.............................. 8 2-a
Exclusion from debt limitation......... 8 2-a
State comptroller may approve.......... 8 2-a
Revenues therefrom, restrictions on use.. 8 2-a
Sex:
Political parties, equal representation
on committees.......................... 13 1
SHERIFFS:
County, no liability for acts............ 13 13(a)
New York city, exception as to counties.. 13 13(a)
Office, not to hold other................ 13 13(a)
Removal by governor, hearing............. 13 13(a)
Security, when office deemed vacant...... 13 13(a)
Term of office........................... 13 13(a)
Vacancies................................ 13 13(a)
SICKNESS (see also "Social Welfare"):
Legislature, power to provide
protection against hazards............. 7 8
SINKING FUND BONDS:
Municipalities, redemption,
appropriation.......................... 8 2
SINKING FUNDS:
Appropriations for contributions......... 7 16
Comptroller, appraisal, computation
and certification...................... 7 15
Excess income, how applied............... 7 15
Keeping and investing.................... 7 15
New York city, payment of indebtedness... 8 2,7a
Setting apart funds for payment of
interest, etc.......................... 7 16
SKI TRAILS:
Belleayre, Gore, Pete Gay, South and
Whiteface mountains, state construction
permitted, limitation................ 14 1
SLUM CLEARANCE (see "Housing").
SOCIAL WELFARE:
Constitutional provisions................ 17 1-6
Correction commission, powers and duties. 17 5
Criminals, maintenance and support....... 17 5
Health, protection and promotion......... 17 3
Mental hygiene, provisions............... 17 4
Needy, aid, care and support............. 7 8
....................................... 8 1
....................................... 17 1
Parole system, legislature to provide.... 17 5
Probation system, legislature to provide. 17 5
Rules and regulations subject to
legislative control.................... 17 2
State commission of correction, powers
-- 265 --
INDEX
Art. Sec.
and duties............................. 17 5
Visitation and inspection,
Board of social welfare................ 17 2
Correction commission.................. 17 5
Head of mental hygiene department...... 17 4
Provisions not exclusive............... 17 6
SOCIAL WELFARE BOARD:
Aid, care and support, authorized
agencies............................... 7 8
Continued................................ 17 2
Municipalities, payments to certain
institutions subject to rules.......... 8 1
Powers and duties........................ 17 2
Visitation and inspection of institutions 17 2
SOCIAL WELFARE, DEPARTMENT OF:
Division of state government............. 5 2
Head of department, appointment and
removal................................ 5 4
SOLDIERS AND SAILORS (see also "Militia").
Absentee voting, legislature to provide.. 2 2
Bonus (see "Bonus").
Civil service, preferences............... 5 6
Homes, inmates, absentee voting,
provision.............................. 2 2
SOUTH MOUNTAIN:
Forest preserve, ski trails permitted.... 14 1
SOVEREIGNTY:
Lands, people possess ultimate right..... 1 10
SPEAKER OF ASSEMBLY:
Court on the judiciary, notifiction of
removal charges........................ 6 22(e)
Governor, when to act.................... 4 6
Selection................................ 3 9
SPECIAL COUNTY JUDGE (see "County Courts").
SPECIAL LAWS (see also "Bills," "Local
Laws"):
Banking corporations, charter
restrictions........................... 10 3
Cities, restrictions..................... 9 2(b)
City of New York, officers assigned
duties of county officers.............. 13 13(c)
Corporations, alteration or repeal,...... 10 1
Prohibition against creation........... 10 1
Counties, restrictions................... 9 2(b)
Definition, local government............. 9 3(c)
Drainage of swamp or agricultural lands,
prohibition against.................... 1 7
Public corporations, creation authorized. 10 5
Towns, restrictions...................... 9 2(b)
-- 266 --
INDEX
Art. Sec.
Villages, restrictions................... 9 2(b)
SPECIAL SESSIONS, COURTS OF (see "Courts of
Special Sessions").
SPECIAL SURROGATE (see "Surrogate's Court").
SPEECH:
Freedom guaranteed....................... 1 8
SPOUSES:
Family court, jurisdiction,
Crimes and offenses between............ 6 13(b)(7)
Proceedings for conciliation........... 6 13(b)(6)
STATE:
Acceptance of certain offices to vacate
seat in legislature.................... 3 7
Bonds,
Action to compel setting aside funds
for payment.......................... 7 16
Contracting debts in anticipation of
sale................................. 7 9
Grade crossing elimination............. 7 14
Notes issued in anticipation of sale,
application of proceeds.............. 7 12
Purpose, application of moneys......... 7 12
Thruway corporations................... 10 6
Veterans' bonus........................ 7 18
Borrowing money, powers.................. 7 9
Bribery, liability for expenses of
prosecution............................ 13 13
Budget (see "Budget").
Civil departments (see also "Civil
Departments of State," "State
Departments," and specific titles),
General provisions relating to......... 5 1-7
Civil divisions (see "Civil Divisions of
State").
Claims against,
Allowance and payment.................. 3 19
Auditing, legislature prohibited....... 3 19
Court of claims, jurisdiction to hear
and determine........................ 6 9
Limitation on time for audit and
allowance............................ 3 19
Claims of, bills releasing, three-fifths
quorum necessary....................... 3 23
Compensation for judicial officers
retired for disability................. 6 22(c)
Condition, message to be transmitted by
governor at each session............... 4 3
Court on the judiciary, expenses......... 6 22(h)
Courts, unified system................... 6 1(a)
Debts (see also "Finance" under "State"),
-- 267 --
INDEX
Art. Sec.
Bills creating, three-fifths quorum
necessary............................ 3 23
Contributions to sinking fund for
payment.............................. 7 15
Defense,
Obligation of all persons within state. 12 1
Power to contract debts therefor....... 7 10
Departments (see "State Departments").
Discrimination in civil rights
prohibited............................. 1 11
Eminent domain (see "Eminent Domain").
Employees,
Civil service, appointments and
promotions........................... 5 6
Local laws affecting..................... 9 2(c)
Membership in retirement system,
benefits not to be impaired.......... 5 7
Safety and welfare,
legislature may protect.............. 13 14
Salaries, wages, etc.,
subject to taxation.................. 16 5
Veterans' preferences.................. 5 6
Equal protection of laws, guaranty....... 1 11
Expenses of courts....................... 6 29(a-d)
Finance,
Application of money from
loan creating debt................... 7 12
Appropriations (see: "Appropriations").
Bills to be submitted with budget...... 7 3
Budget, department estimates........... 7 1
Comptroller to audit accounts and
prescribe methods of accounting...... 5 1
Debts (see also "Debts" under "State"),
Authorization, generally............. 7 11
Defense of state, forest fires....... 7 10
Higher education (see "Education").
Housing (see "Housing").
Payment.......................... 7 12,16
Period for which contracted.......... 7 12
Power to contract.................... 7 9-11
Referendum when required............. 7 11
Refunding, conditions................ 7 13
Restrictions on contracting.......... 7 11
Short term........................... 7 9
Sinking funds for payment............ 7 15
Failure of legislature to make
appropriations for payment
of state debts....................... 7 16
General fund,
Comptroller to set aside funds
-- 268 --
INDEX
Art. Sec.
for payment of debts............... 7 16
Sinking fund, excess income,
how applied........................ 7 15
General provisions relating to......... 7 1-18
Gifts for private purposes
prohibited, exceptions............. 7 8
................................... 4 7
Governor, approval of
appropriation bills.................... 7 4,6
Grade crossing elimination,
Authorization of debt................ 7 14
Liability of railroads............... 7 14
Horse races, pari-mutuel betting,
source of revenue.................... 1 9
Income from sinking funds,
how applied.......................... 7 15
Loans for private purposes
prohibited, exceptions............... 7 8
Moneys (see "State Moneys").
Notes, money borrowed, how applied..... 7 12
Pari-mutuel betting on horse races
as source of revenue................. 1 9
Period for which debt
may be contracted.................... 7 12
Preparation and submission of budget... 7 2
Refunding debt......................... 7 13
Reimbursement by railroads for
grade crossing elimination........... 7 14
Revenues and receipts,
audit by comptroller................. 5 1
Separate bills for each appropriation.. 7 6
Sinking funds.......................... 7 15, 16
Vouchers and accounts, audit
by comptroller....................... 5 1
Forest fires, contracting debt for
suppression............................ 7 10
Forest preserve lands, certain right
to exchange............................ 14 1
Governmental operations, continuity,
certain emergencies,
legislature to provide............... 3 25
Health, protection and promotion,
legislative duty....................... 17 3
Highways, construction
in forest preserves.................... 14 1
Housing (see "Housing").
Insurrection, contracting debt
for suppression........................ 7 10
Invasion, contracting debt to repel...... 7 10
Investing and keeping of sinking fund.... 7 15
-- 269 --
INDEX
Art. Sec.
Judicial departments..................... 6 4(a)
Law of,
Colonial legislature, parts
of acts constituting................. 1 14
Common law, parts constituting......... 1 14
Congress of colony of New York,
parts of resolutions constituting.... 1 14
Convention of state of New York,
resolutions constituting............. 1 14
Governor to execute faithfully......... 4 3
Legislature, acts constituting......... 1 14
Subject to alteration by legislature... 1 14
Legislative power, vested in
Senate and Assembly.................... 3 1
Loans and subsidies for housing projects
(see "Housing").
Low rent housing (see "Housing").
Military and naval forces, governor
to be commander-in-chief............... 4 3
Moneys, audit required for payment....... 5 1
Navigable waters, voting
residence unaffected by service........ 2 4
Notes, issuance in anticipation of
receipt of taxes or sale of bonds.... 7 9
Officers (see "Public Officers," "State
Officers").
Parkways (see "Highways").
Pensions, exemption from taxation...... 16 5
Pension or retirement system,
benefits not to be impaired............ 5 7
Political subdivisions (see "Political
Subdivisions").
Prison labor, benefit of
work done or products.................. 3 24
Public corporations (see "Public
Corporations").
Reporter (see "State Reporter").
Reservoirs, operation on forest lands.... 14 2
Revenue (see also "Finance,
under "State"), Pari-mutuel betting on
horse races as source.................. 1 9
Slum clearance (see "Housing"),
Thruways (see "Public Corporations")
University, authorization of state debt.. 7 19
War, contracting debts
for defense of state................... 7 10
STATE AGENCIES (see "State Departments").
STATE AUTHORITIES (see "State Departments").
STATE BOARD OF SOCIAL WELFARE
(see "Social Welfare Board").
-- 270 --
INDEX
Art. Sec.
STATE BOARDS (see also
"State Departments"):
Members, appointment and removal......... 5 4
Organization and management
filing of rules not required........... 4 8
Powers and functions,
Assignment by legislature.............. 5 3
Legislative power...................... 5 3
Removal of members....................... 5 4
Rules and regulations, filing
and publication........................ 4 8
STATE BUREAUS (see "State Departments").
STATE COMMISSION OF CORRECTION:
Department of correction,
head as chairperson.................... 17 5
Inspection of correctional
institutions by social welfare board... 17 2
Institutions, visitors................... 17 5
Powers, duties, etc...................... 17 5
STATE COMMISSIONER OF EDUCATION
(see also "Education, Department of"):
Appointment and removal.................. 5 4
STATE COMMISSIONS (see also "State
Departments"):
Members, appointment and
removal................................ 5 4
Organization and management, filing of
rules not required..................... 4 8
Powers and functions,
Assignment by legislature.............. 5 3
Legislative power...................... 5 3
Removal of members....................... 5 4
Rules and regulations, filing and
publication............................ 4 8
Temporary, for special purposes,
creation............................... 5 3
STATE COMPTROLLER:
Accounts of political subdivisions,
supervision............................ 5 1
Administrative duties, prohibition
against assignment, exception.......... 5 1
Allocation of city debt to certain
school districts....................... 8 4
Approval of New York city fiscal
officer's determination of
indebtedness........................... 8 11
Assessment of real estate................ 5 1
Audit and control department, head....... 5 4
Budget of judiciary, certification of
estimate............................... 7 1
-- 271 --
INDEX
Art. Sec.
Drainage systems, indebtedness, approval. 8 2-a
Duties................................... 5 1
Setting apart funds for payment of
debts, when required................. 7 16
Election................................. 5 1
Moneys of state (see also "State
Moneys"),
Injunction against unaudited payment
or refund............................ 5 1
Payment or refund without audit
prohibited........................... 5 1
Powers and duties, legislature to
define............................... 5 1
Municipalities,
Indebtedness, legislature shall provide
for determination of exclusions
therefrom.............................. 8 5
Joint facilities or services, approval
of apportionment of costs............ 8 1
New York city, exclusion of school
debts, approval........................ 8 7
Political subdivisions, supervision of
accounts............................... 5 1
Powers and duties, assignment............ 5 1
Public corporations, accounts subject to
supervision............................ 10 5
Qualifications........................... 5 1
Real estate, powers and duties
respecting assessment and taxation of.. 5 1
School districts, exceeding debt limits,
consent................................ 8 4
Sewage systems, indebtedness, approval... 8 2-a
Sinking funds,
Appraisal of securities................ 7 15
Computation and certification to
legislature.......................... 7 15
Duty to set apart funds for
contributions, when required......... 7 16
Suits to require setting apart funds for
payment of debts....................... 7 16
Taxation of real estate.................. 5 1
Term of office........................... 5 1
Vacancy in office,
Legislature to provide for filling..... 5 1
No election except at time of electing
governor............................. 5 1
STATE CREDIT:
Gifts or loans prohibited, exceptions.... 7 8
STATE, DEPARTMENT OF:
Head of department, appointment and
-- 272 --
INDEX
Art. Sec.
removal................................ 5 4
Rules and regulations of departments and
agencies, filing....................... 4 8
STATE DEPARTMENTS (see also "specific
State departments"):
Budgets,
Attendance and hearings................ 7 1,3
Estimates and information to be
supplied governor.................... 7 1
Consolidation............................ 5 3
General provisions relating to........... 5 1-7
Heads of departments, appointment and
removal................................ 5 4
Municipalities, payments to certain
institutions subject to inspection..... 8 1
Names may be changed..................... 5 2
Numbers,
Reduction.............................. 5 3
Total not to exceed twenty............. 5 2
Organization or internal management,
filing of rules not required........... 4 8
Powers and functions,
Assignment by legislature.............. 5 3
Legislative power...................... 5 3
Reduction of number...................... 5 3
Removal of heads of departments, manner
to be prescribed by law................ 5 4
Rules and regulations,
Filing in department of state.......... 4 8
Publication............................ 4 8
Tax limitation of municipalities,
determination of equalization ratio.... 8 10
Total not to exceed twenty............... 5 2
STATE ENUMERATION (see also "Federal
Census"):
When to be made.......................... 3 4
STATE FINANCES (see "State").
STATE HIGHWAYS (see "Highways").
STATE MILITIA (see "Militia").
STATE MONEYS:
Appropriations (see "Appropriations").
Gifts or loans prohibited, exceptions.... 7 8
Injunction against void payments or
refunds................................ 5 1
Payment,
Approprition required.................. 7 7
Audit by comptroller required.......... 5 1
Time limit............................. 7 7
Refund, audit by comptroller required.... 5 1
State comptroller, powers and duties..... 5 1
-- 273 --
INDEX
Art. Sec.
....................................... 7 16
Suit to restrain void payment or refund.. 5 1
STATE OFFICERS (see also "Public Officers"
and specific titles):
General provisions relating to........... 5 1-7
Heads of departments, appointment and
removal................................ 5 4
Powers and functions,
Assignment by legislature.............. 5 3
Legislature power...................... 5 3
Rules and regulations, filing and
publication............................ 4 8
STATE PARKWAYS (see "Highways").
STATE REVENUES (see "State").
STATE TAX COMMISSION:
Tax limitation of municipalities,
determination of equalization ratio.... 8 10
STATE THRUWAYS (see "Public
Corporations").
STATE UNIVERSITY:
State debt for expansion authorized...... 7 19
STATE-WIDE COURTS (see also specific
courts):
Enumerated............................... 6 1(a)
STATUTE OF LOCAL GOVERNMENTS:
Additional grant of powers to local
governments, legislature to enact...... 9 2(b)
STATUTES:
Colony of New York, continuance of laws,
exception.............................. 1 14
Revisions and consolidations, bills for,
exceptions............................. 3 21
Validity, court of appeals, jurisdiciton 6 3(b)(2)
STATUTORY CONSOLIDATIONS:
Bills effecting, certain restrictions
inapplicable........................... 3 21
Stock and Stockholders:
Municipalities, ownership prohibited..... 8 1
Savings banks, capital stock prohibited.. 10 3
Street Railroads (see "Railroads").
Streets:
Condemnation, excess taking
by cities and counties................. 1 7
Local laws, power of local governments
to adopt or amend...................... 9 2(c)
Subcontractors:
Employees, legislature may
provide for safety and welfare......... 13 14
Local governments, local laws
for protection of employees............ 9 2(c)
-- 274 --
INDEX
Art. Sec.
Subsidies (see "Housing" and
"Nursing Homes").
Substandard Areas (see "Housing").
Subways:
New York city, debts excluded in
computing limitation................... 8 7,7a
Suffrage (see also "Voters and Voting"):
General provisions relating to......... 2 1-8
Suits (see "Judicial Proceedings").
Summary Proceedings to Recover Real Property:
Jurisdiction,
County court........................... 6 11(a)
New York city-wide court of
civil jurisdiction................... 6 15(b)
Superintendent of Public Works:
Canals, cancellation of
Certain contracts...................... 15 3
Supervisors (see "Boards of Supervisors").
Supplemental Appropriations (see "Appropriations").
Support:
Blind, deaf and dumb..................... 7 8
Children, delinquent and neglected..... 7 8
..................................... 7 8
Legislature, power to provide
for needy, etc....................... 17 1
Needy sick, physically handicapped..... 7 8
Supreme Court:
Actions and proceedings,
Abolished courts, transfer thereform... 6 35(b)
New classes, jurisdiction.............. 6 7(c)
Pending therein on effective
date of article,
Continuation and transfer............ 6 36
To hear and determine................ 6 34(a)
Transfer therefrom, to certain
courts............................. 6 19(a,g)
Transfer thereto, from certain
courts............................. 6 19(b,d,e,f)
Appeals,
Pending therein on effective
date of article,
Continuation and transfer...... 6 36
To hear and determine.......... 6 34(a)
Right thereto, certain cases........... 6 35(m,n)
Apportionment of members of assembly,
review................................. 3 5
Clerks, county, service as
clerks of courts....................... 6 6(e)
Continuation............................. 6 6(d)
Court of record.......................... 6 1(b)
-- 275 --
INDEX
Art. Sec.
Court system of state,
unified, included therein.............. 6 1(a)
Expenses of court........................ 6 29(a-d)
Extraordinary term, power of
governor to appoint.................... 6 27
General jurisdiction in law
and equity............................. 6 7(a)
Governor, power to appoint
extraordinary term..................... 6 27
Judicial districts, composition
thereof, may be increased, decreased,
or altered and judges re-apportioned... 6 6(b)
Jurisdiction, general, law and equity.... 6 7(a)
Justices (see also "Judges and Justices"),
Age limit, exception................... 6 25(b)
Appellate division, designation thereto,
Additional designations.............. 6 4(e)
Presiding justice, governor
to designate....................... 6 4(c)
Residence............................ 6 4(f)
Temporary designations............... 6 4(d)
Terms................................ 6 4(c)
Armed forces, eligibility to serve..... 6 20(b)(1)
Assignment, temporary,
From certain courts.................. 6 26(b,c,d,e,g)
To certain courts.................... 6 26(a)
Bronx county court judges to
become justices of supreme court for
remainder of terms................... 6 6(d)
..................................... 35(b)
Compensation........................... 6 25(a)
Constitutional convention,
eligibility to serve................. 6 20(b)(1)
County courts, judges of certain,
to become justices of supreme........ 6(d)
court remainder of terms............. 6 35(b)
Court of appeals, designation thereto,
Certification to governor of need.... 6 2(b)
Duration of service thereunder....... 6 2(b)
Limitation upon number............. 6 2(b)
Temporary absence of judge of
court of appeals................. 6 2(c)
Vacancy not created thereby........ 6 2(b,c)
Valid only while supreme court
justice.......................... 6 2(b)
Duties............................... 6 26(a)
Election, how chosen................. 6 6(c)
Eligibility........................ 6 20(a)
Extraordinary term, power of governor
to designate justice to hold..... 6 27
-- 276 --
INDEX
Art. Sec.
Kings county court judges to
become justices of supreme court
for remainder of terms........... 6 6(d)
................................. 35(b)
Law, prohibition against practice.. 6 20(b)(4)
Military service permitted......... 6 20(b)(1)
Number, may be increased or
decreased, limitation............ 6 6(d)
Political organization,
prohibition against holding
office therein................... 6 20(b)(3)
Public office, prohibition
against holding.................. 6 20(b)(1)
Qualifications..................... 6 20(a)
Queens county court judges to
become justices of supreme
court for remainder of terms..... 6 6(d)
................................. 35(d)
Re-apportionment in altered
districts........................ 6 6(b)
Removal for cause,
Court on judiciary............. 6 22(a)
Legislature.................... 6 23(a)
Restrictions....................... 6 20(b)(1-4)
Retirement,
Age limit, exception........... 6 25(b)
Disability..................... 6 22(a)
Richmond county court judges
to become justices of supreme
court for remainder of terms..... 6 6(d)
................................. 35(b)
Term............................... 6 6(c)
Vacancy,
Certain appointments and
designations not to constitute. 6 2(b,c)
How and when filled............. 6 21(a)
New York city, exclusive jurisdiction
over crimes prosecuted by
indictment, exception............... 6 7(a)
Mandates, service and execution....... 6 1(c)
Processes, service and execution...... 6 1(c)
Separate divisions power of
appellate division to establish..... 6 7(b)
State-wide court...................... 6 1(a)
Warrants, service and execution....... 6 1(c)
Supreme Court--Appellate Divisions:
Appeals therefrom,
Allowance of appeals on
certified questions of law...... 6 3(b)(4,6,7)
Certification by court of appeals
-- 277 --
INDEX
Art. Sec.
upon certified questions............ 6 3(b)(6)
Civil cases originating in certain
inferior courts, decisions not
appealable, exceptions............... 6 3(b)(7)
Decisions involving constitutional
questions............................ 6 3(b)(1,2,7)
Interlocutory decisions, allowance of
appeal and certification of
questions of law..................... 6 3(b)(4)
Judgment or orders of reversal or
modification......................... 6 3(a)
Jurisdiction of court of appeals....... 6 3(a)
Non-unanimous decisions, right of
appeal............................... 6 3(b)(1)
Order granting new trial or hearing,
stipulation for final judgment....... 6 3(b)(3)
Reversal or modifiction, review
unlimited............................ 6 3(a)
Appeals thereto,
Jurisdiction of appellate division..... 6 4(k)
Pending, to hear and determine......... 6 34(a)
Right, not affected by article......... 6 35(m,n)
Transfer of unauthorized appeals....... 6 5(b)
Transfer to another department......... 6 4(g,i)
Clerks, appointment and removal.......... 6 4(i)
Conservation article of constitution,
consent to suits restraining certain
violations thereof..................... 14 4
Continuation............................. 6 4(b)
County clerks, New York city,
appointment and removal................ 13 13(a)
Court of record.......................... 6 1(b)
Court system of state, unified, included
therein................................ 6 1(a)
Courts, power to supervise
administration......................... 6 28
Expenses of court........................ 6 29(a-d)
Housing, determination of exclusions
from indebtedness...................... 18 4
Injunction, against state comptroller,
consent to proceedings................. 5 1
Interlocutory judgments and intermediate
orders affirmance, reversal or
modification........................... 6 5(a)
Judicial departments,
Alteration of boundaries............... 6 4(a)
Division of state, continued........... 6 4(a)
Judgments of affirmance, reversal or
modification........................... 6 5(a)
Jurisdiction............................. 6 4(k)
-- 278 --
INDEX
Art. Sec.
Justices (see also "Judges and
"Justices" under "Supreme Court"),
Additional,
Certification, as to necessity....... 6 4(e)
Designation by governor.............. 6 4(e)
Length of service.................... 6 4(e)
Age limit, exception................... 6 25(b)
Armed forces, eligibility to serve..... 6 20(b)(1)
Assignment,
Appellate division justices to
other departments.................. 6 4(h)
Certain other judges and justices
thereby............................ 6 26(1)
Compensation........................... 6 25(a)
Concurrence necessary for decisions.... 6 4(b)
Constitutional convention, eligibility
serve................................ 6 20(b)(1)
Court on the judiciary, designation
for service.......................... 6 22(b)
Designation,
Governor, term of office............. 6 4(c)
Temporary, to another department..... 6 4(h)
Supreme court justices, for
temporary service................ 6 4(d,e)
Eligibility............................ 6 20(a)
Governor, power to designate, from
justices of supreme court............ 6 4(c,d,e)
Law, prohibition against practice...... 6 20(b)(4)
Maximum number to sit in any case...... 6 4(b)
Military service, permitted............ 6 20(b)(1)
Number in each department.............. 6 4(b)
Political organization, prohibition
against holding office therein....... 6 20(b)(3)
Powers and duties...................... 6 4(j)
Presiding justice, member of
administrative board of judicial
conference........................... 6 28
Prohibition against exercises of
powers of supreme court justice
within department, exception......... 6 4(j)
Public office, prohibition against
holding.............................. 6 20(b)(1)
Qualifications......................... 6 20(a)
Removal for cause,
Court on judiciary................... 6 22(a)
Legislature.......................... 6 23(a)
Residence.............................. 6 4(f)
Restrictions........................... 6 20(b)(1-4)
Retirement,
Age.................................. 6 25(b)
-- 279 --
INDEX
Art. Sec.
Designation for continued service.... 6 25(b)
Disability........................... 6 22(a)
Temporary designation, in certain
cases................................ 6 4(d,e)
Term................................... 6 4(c)
Vacancies.............................. 6 4(d)
Presiding justices,
Court on judiciary, may request to
convene............................ 6 22(d)
Designation by governor.............. 6 4(c)
Meetings for transfer of appeals..... 6 4(g)
Legislature, power to alter boundaries
of judicial departments, limitation.. 6 4(a)
Mandates, service and execution........ 6 1(c)
Municipal indebtedness, limitation,
Determination of exclusions.......... 8 5
Housing, determination of exclusions. 18 4
New York city, determination of
exclusions......................... 8 7
................................... 7a
New trial or hearing, power to grant. 6 5(a)
Processes, service and execution..... 6 1(c)
Quorum............................... 6 4(b)
Supreme court, separate divisions,
power to establish................. 6 7(b)
State-wide court..................... 6 1(a)
Street railroads, construction and
operation, power................... 3 17
Taxpayer's suits, injunctions
against void payment or refund of
state money, consent............... 5 1
Warrants, service and execution...... 6 1(c)
SUPREME COURT-APPELLATE TERMS:
Abolished courts, certain, appeals
therefrom, power of appellate division
to transfer thereto.................... 6 35(m)
Appeals,
Appellate division, power to direct,
exception............................ 6 8(d)
Legislature, may provide for certain
appeals thereto...................... 6 8(e)
..................................... 8(d)
..................................... 11(d)
Transfer of certain thereto............ 6 35(m)
Appellate division, power to establish... 6 8(a)
City courts, outside New York City,
appeals therefrom...................... 6 8(e),11(d)
....................................... 35(m)
District courts, appeals therefrom....... 6 8(e),11(d)
....................................... 35(m)
-- 280 --
INDEX
Art. Sec.
Establishment and discontinuance......... 6 8(b)
Interlocutory judgments and intermediate
orders, affirmance, reversal and
modification........................... 6 5(a)
Judgments of affirmance, reversal and
modification........................... 6 5(a)
Jurisdiction............................. 6 8(d)
Justices (see also "Judges and
Justices," and Justices" under
" Supreme court")
Appellate division, power
to designate......................... 6 8(b)
Decisions, number thereof required... 6 8(c)
Designation and revocation........... 6 8(b)
Limitation on number to sit.......... 6 8(c)
Number............................... 6 8(a)
Quorum............................... 6 8(c)
Residence............................ 6 8(a)
New trial or hearing, power to grant..... 6 5(a)
....................................... 8(e)
....................................... 11(d)
Town courts, appeals therefrom........... 6 35(m)
Transfer of unauthorized
appeals thereby........................ 6 5(a)
Village courts, appeals therefrom........ 6 8(e)
....................................... 11(d)
....................................... 35(m)
Surrogates' Courts:
Actions and proceedings,
Pending therein on effective
date of article,
Continuation and transfer............ 6 36
To hear and determine................ 6 34(a)
Transfer therefrom, to certain courts.. 6 19(d,h)
Transfer thereto, from certain courts.. 6 19(b,e,f)
Appeals, right thereto in certain cases
after effective date of article........ 6 35(m,n)
Continuation of existing................. 6 12(a)
Court of record.......................... 6 1(b)
Court system of state, unified,
included therein....................... 6 1(a)
Equity jurisdiction...................... 6 12(e)
Expenses of court........................ 6 29(a-d)
Judges,
Additional............................. 6 12(a)
Age limit, exception................... 6 25(b)
Armed forces, eligibility to serve..... 6 20(b)(1)
Assignment, temporary,
From certain courts.................. 6 26(c,f)
To certain courts.................... 6 26(d,e)
-- 281 --
INDEX
Art. Sec.
Combination with certain other
judicial offices authorized............ 6 14
Compensation........................... 6 25(a)
Constitutional convention, eligibility
to serve............................... 6 20(b)(1)
Duties................................. 6 26(d,e)
Election............................... 6 12(b)
Eligibility............................ 6 20(a)
Law, prohibition against practice...... 6 20(b)(4)
Military service, permitted............ 6 20(b)(1)
Political organization, prohibition
against holding office therein....... 6 20(b)(3)
Public office, prohibition against
holding............................ 6 20(b)(1)
Qualifications......................... 6 20(a)
Removal for cause,
Court on judiciary................... 6 22(a)
Senate............................... 6 23(b)
Residence.............................. 6 12(b)
Restrictions........................... 6 20(b)(1-4)
Retirement,
Age.................................. 6 25(b)
Disability........................... 6 22(a)
Special surrogate, office abolished.... 6 35(g)
Term................................... 6 12(c)
Vacancies.............................. 6 21(a)
Jurisdiction and powers.................. 6 12(d,e)
Mandates, service and execution.......... 6 1(c)
Processes, service and execution......... 6 1(c)
State-wide court......................... 6 1(a)
Warrants, service and execution.......... 6 1(c)
Surveys:
Forest lands, construction
of reservoirs.......................... 14 2
Swamp Lands (see "Lands").
Syracuse, City of:
Improvements, debts, excluded in
computing limitation................... 8 6
TAX ANTICIPATION CERTIFICATES:
Municipalities, indebtedness, exclusion
in computing limitations............... 8 5,
....................................... 7,10
State, issuance and payment............ 7 9
Taxation and Finance, Department of:
Head of department, appointment
and removal........................ 5 4
Taxation and Taxes:
Ad valorem tax on intangible personal
property prohibited
Assessed valuation, municipalities,
-- 282 --
INDEX
Art. Sec.
limitations based on, Housing........ 18 4
Indebtedness......................... 8 4
Assessment of real estate,
comptroller's powers................. 5 1
Assessments, not to exceed full value.. 16 2
Supervision, review and equalization... 16 2
Averaged assessed valuation, manner of
determining for municipal debt
limit purposes......................... 8 4
Average full valuation, manner of
determining for municipal tax
limit purposes....................... 8 10
Bills,
Statement of tax and object to which
applied.............................. 3 22
Three-fifths quorum required
for passing.......................... 3 23
Charities, alteration or repeal of
exemption prohibited................. 16 1
Cities,
Legislature,
Duty to restrict................... 8 12
Power to limit..................... 8 12
Limitation, exclusion................ 8 10,11
Local laws, power to adopt and amend. 9 2(c)
New York city, limitation............ 8 10
Comptroller, audit of collection of
revenues............................. 5 1
Contracting away right of taxation
prohibited........................... 16 1
Corporations, discrimination against
federal, prohibited.................. 16 4
Counties,
Indebtedness for advances for certain 8 1
unpaid taxes permitted............. 16 2
Legislative power to limit........... 8 12
Limitation, exclusion................ 8 10,11
New York city, counties within,
limitation......................... 8 10
Death, situs of trust property......... 16 3
Delegation of taxing power,
requirements......................... 16 1
Discrimination against federal
corporations prohibited.............. 16 4
Education, exclusion from tax
limitation of certain municipalities. 8 10
Educational corporations, alteration or
repeal of exemption, prohibited...... 16 1
Equalization of assessments,
legislature to provide............... 16 2
-- 283 --
INDEX
Art. Sec.
Equalization ratio, determination for
tax limit purposes................... 8 10
Excise tax on intangibles prohibited... 16 3
Exemptions,
Alteration or repeal, when permitted. 16 1
General laws only.................... 16 1
Housing, low rent housing and slum
clearance.......................... 18 2
Private or local bill prohibited..... 3 17
Religious, educational or charitable
purposes........................... 16 1
Fund, stabilization of tax revenues.... 7 17
General provisions relating to......... 16 1-5
Housing,
Cities, indebtedness exceeding
limitations, conditions............ 18 4
Exemption, authorized.................. 18 2
Municipality, limitation of
indebtedness based on assessed
valuation.......................... 18 4
Income, reference to federal
laws authorized........................ 3 22
Laws imposing, continuing
or reviving............................ 3 22
Limitation of taxes on real property..... 8 10-12
....................................... 8 1
Loans by counties to subdivisions
for unpaid taxes..................... 16 2
Moneys, credits and intangibles,
location............................... 16 3
Municipalities,
Indebtedness in anticipation of tax
collection, payment and redemption... 8 2
Legislature,
Duty to restrict powers of certain... 8 12
Power to limit....................... 8 12
Tax limitation on real property........ 8 10-12
Offices for protection of
revenue not abrogated.................. 5 5
Personal property,
Excise tax, only income subject........ 16 3
Intangible, not taxed ad valorem....... 16 3
Location for tax purposes.............. 16 3
Power not to be surrendered.............. 16 1
Public corporation, indebtedness,
consent of municipality required....... 8 3
Public officers and employees,
Compensation subject to taxation....... 16 5
Pensions not to be taxed............... 16 5
Real estate, comptroller's powers........ 5 1
-- 284 --
INDEX
Art. Sec.
Real Property, tax limitation............ 8 10-12
Redevelopment projects; real
property taxes therefor................ 16 6
Religious corporations, alteration
or repeal of exemption prohibited...... 16 1
Review of assessments.................... 16 2
School districts,
Advances by counties for unpaid taxes.. 8 1
Legislative power to limit............. 8 12
Limitation of certain, exclusion....... 8 10,11
Securities, location..................... 16 3
State, Debts, power to contract in
anticipation of taxes, Issuance
and payment of evidences of
indebtedness........................... 7 9
Suspension of power prohibited,
exception.............................. 16 1
Tax revenues, funds for stabilization.... 7 17
Towns,
Advances by counties for unpaid taxes.. 8 1
Legislature,
Duty to restrict..................... 8 12
Power to limit....................... 8 12
Trusts, location of intangibles.......... 16 3
Undistributed profits prohibited......... 16 3
Valuation of real estate, municipalities,
limitations based on,
Housing................................ 18 4
Indebtedness........................... 8 4
Operating expenses..................... 8 10
Villages,
Advancement or loan by counties for
unpaid taxes......................... 16 2
Legislature,
Duty to restrict..................... 8 12
Power to limit....................... 8 12
Levy and collection, provisions........ 16 2
Limitation, exclusion.................. 8 10,11
TAX REVENUE STABILIZATION FUND:
Payments and withdrawals................. 7 17
Power of legislature to establish........ 7 17
TEACHER'S RETIREMENT SYSTEM:
State and local, certain pension
payments, legislature may increase.... 7 8
TELEPHONE AND TELEGRAPH:
Communications, freedom from
unreasonable interceptions............ 1 12
TEMPORARY PRESIDENT OF SENATE(see "Senate").
TENANTS:
Removal from real property,
-- 285 --
INDEX
Art. Sec.
County court jurisdiction............. 6 11(a)
New York City-wide court of civil
jurisdiction........................ 6 15(b)
TERMINALS:
Canals, prohibition against disposal,... 15 1
Exceptions............................. 15 2
TERMS:
Supreme court, extraordinary, power
of governor to appoint................. 6 27
THREE-FIFTHS QUORUM (see "Legislature").
THRUWAYS (see "Public Corporations").
TIMBER:
Forest preserves, sale, etc., prohibited. 14 1
TITLE (see "Land").
TITLE OF BILLS (see "Bills").
TOLLS:
Canals, prohibited....................... 15 3
TOWN COURTS
Actions and proceedings,
County court, concurrent jurisdiction.. 6 11(a)
Transfer therefrom..................... 6 19(c,i)
Appeals,
Appellate term......................... 6 8(e),11(d)
..................................... 35(m)
County court........................... 6 11(d),35(m)
Continuation............................. 6 17(a)
County court,
Actions and proceedings,
Concurrent jurisdiction.............. 6 11(a)
Transfer thereto..................... 6 19(c)
Appeals................................ 6 11(d),35(m)
Court system of state, unified,
included therein....................... 6 1(a)
Discontinuance, subject to approval at
general elections...................... 6 17(b)
Expenses of court........................ 6 29(a-d)
Judges,
Assignment, temporary.................. 6 26(j)
Classification......................... 6 17(d)
Duties................................. 6 17(d)
Education and training................. 6 20(c)
Election............................... 6 17(d)
Qualifications......................... 6 20(c)
Removal for cause...................... 6 22(i)
Restrictions........................... 6 20(c)
Retirement for disability.............. 6 22(i)
Selection.............................. 6 17(d)
Term................................... 6 17(d)
Vacancies.............................. 6 17(d)
Jurisdiction............................. 6 17(a)
-- 286 --
INDEX
Art. Sec.
Mandates, service and execution.......... 6 1(c)
Practice and procedure................... 6 17(b)
Processes, service and execution......... 6 1(c)
Regulation............................. 6 17(b)
Supreme court, power to transfer actions
or proceedings pending therein
to county court...................... 6 19(c)
Warrants, services and execution......... 6 1(c)
TOWNS (See also "Municipalities"):
Action to compel setting aside funds
for payment of indebtedness............ 8 2
Acquisition of property, local laws
relating thereto....................... 9 2(c)
Adoption and amendment of local laws..... 9 1(a),2(c)
Agreements, authorization for certain
relating to services etc............... 9 1(c)
Annexation of territory, procedure....... 9 1(d)
Appointment, officers not provided for
by constitution........................ 9 1(b)
Appropriations for payment of
indebtedness........................... 8 2
Assembly districts, formation, not to
be divided, exception.................. 3 5
Assessments, duty of legislature to
restrict............................... 8 12
Bingo, power to authorize................ 1 9
Bonds,
Ownership in private corporation
prohibited........................... 8 1
Pension or retirement systems, serial
bonds, exclusion from indebtedness... 8 5
Borrowing, duty of legislature to
restrict............................... 8 12
Certificate of indebtedness, exclusion
in computing limitations............... 8 5
Charitable institutions, payments
authorized............................. 8 1
Civil service, appointment and
promotions............................. 5 6
Claims against, power to adopt and
amend local laws....................... 9 2(c)
Contractors, power to adopt and amend
local laws for protection of
employees.............................. 9 2(c)
Correctional institutions,
Indebtedness for maintenance, etc...... 8 1
Public funds authorized for private.... 8 1
County, advances for unpaid taxes........ 16 2
Courts (see "Town Courts")
Dependent children, indebtedness for
-- 287 --
INDEX
Art. Sec.
maintenance, etc....................... 8 1
Division, unaffected by restrictions on
creation of assembly districts......... 3 5
Drainage systems,
Common or excess, legislature may
authorize............................ 8 2(a)
Indebtedness, exclusion from debt
limitation........................... 8 2(a)
Revenues, restriction on use........... 8 2(a)
Education, indebtedness.................. 8 1
Elections,
Annexation of territory, procedure..... 9 1(d)
Bi-partisan requirements inapplicable.. 2 8
Officers not provided for by
constitution......................... 9 1(b)
Registration not required, exception... 2 5
Electric utility, fair return on value
of property............................ 9 1(f)
Eleemosynary institutions, payments
authorized............................. 8 1
Eminent domain, authorization,
limitation............................. 9 1(e)
Employees,
Civil service, appointments and
promotions........................... 5 6
Compensation, power to adapt and amend
local laws........................... 9 2(c)
Membership in retirement system,
benefits not to be impaired.......... 5 7
Protection of safety and welfare....... 9 2(c)
Veteran's preference and credit in
civil service........................ 5 6
Erection of new, unaffected by
restrictions on creation of assembly
districts.............................. 3 5
Excess taking of land, sale or lease..... 9 1(e)
Existing laws, continuance............... 9 3(b)
Existing powers as to local laws......... 9 2(c)
Finance (see "Indebtedness" under
"Towns").
Firefighters, retired, pensions may be
increased.............................. 9 1
Fiscal officers, payment of
indebtedness........................... 8 2
Gas utility, fair return on value of
property............................... 9 1(f)
Gifts of money or credit for private
purposes prohibited.................... 8 1
Governmental functions, apportionment
of costs, authorization................ 9 1(g)
-- 288 --
INDEX
Art. Sec.
Health,
Protection of employees, local laws
affecting............................ 9 2(c)
Services for children, indebtedness.... 8 1
Hours of labor,
Power to adopt and amend local laws.... 9 2(c)
Regulation by legislation.............. 13 14
Housing (see "Housing")
Improvement districts, creation.......... 8 3
Improvements, exclusions of
indebtedness in computing limitation... 8 5
Indebtedness,
Debts excluded in computing
limitations.......................... 8 5
Fiscal officer payment................. 8 2
Legislative power to limit............. 8 12
Limitations............................ 8 2,4
Housing.............................. 18 4,5
Needy, authorization for support....... 8 1
Period for which contracted............ 8 2
Prior indebtedness unaffected.......... 8 8
Public corporations, inclusion of
indebtedness......................... 8 3
Refunding conditions................... 8 2
Restrictions........................... 8 2,4
Sewage facilities, exclusion of
indebtedness from limitation......... 8 2(a),5
Joint Municipal facilities or services,
Agreements, power to make.............. 9 1(c)
Cost, apportionment thereof............ 9 1(c)
Indebtedness, joint or several, may be
contracted therefor.................. 8 1
Municipalities may join together to
provide.............................. 8 1
Taxes and charges may be imposed
therefor............................. 8 1
Legislative body,
Composition and membership, local
laws to provide therefor............. 9 2(c)
Elective............................... 9 1(a)
Power to adopt and amend local laws.... 9 1(a)
Request to legislature for passage of
special laws......................... 9 2(b)
Legislature may confer and withdraw
powers................................. 9 2(b)
Loans,
Legislature to restrict powers......... 13 14
Money or credit, private purposes
prohibited........................... 8 1
Loans of credit, legislature to
-- 289 --
INDEX
Art. Sec.
restrict powers........................ 8 12
Local laws, power to adopt and amend..... 9 1(a),2(c)
Lotto, power to authorize................ 1 9
Nursing homes (see "Nursing Homes")
Officers,
Appointment and removal................ 9 2(c)
Compensation, power to fix............. 9 2(c)
Election or appointment, manner when
not provided by constitution......... 9 1(b)
Organization, legislature to provide..... 9 2(a)
Orphan asylums, maintenance, etc......... 8 1
Pension or retirement system, bonds,
exclusion from debt limitation......... 8 5
Pledge of faith and credit for payment
of indebtedness........................ 8 2
Improvement districts.................. 8 3
Poor, support............................ 8 1
Police officers, retired, pensions may be
increased.............................. 8 1
Private agencies, payments authorized.... 8 1
Private property, taking for public use.. 1 7
....................................... 9 1(e)
Property affairs and government,
Legislature, restrictions.............. 9 2(b)
Power to adopt and amend local laws
affecting............................ 9 2(c)
Authorization for local laws not
affecting.......................... 9 2(c)
Public corporations, indebtedness,
consent required....................... 8 3
Public improvements and services,
Exclusion of indebtedness in computing
limitation........................... 8 5
Revenues of certain, application and
use.................................. 8 10(a)
Water supply, restrictions
inapplicable....................... 8 10(a)
................................. 1 17
Public works, hours and wages............ 9 2(c)
Reformatories, payments authorized....... 8 1
Refunding indebtedness, conditions....... 8 2
Registration of voters, legislative
authority.............................. 2 5
Request to legislature for passage of
special laws........................... 9 2(c)
Retirement system, local laws affecting
certain, prohibited.................... 9 3(a)
Revenue producing service, debts excluded
in computing limitation................ 8 5
Safety, protection, of employees adoption
-- 290 --
INDEX
Art. Sec.
of local laws.......................... 9 2(c)
Salaries of employees, etc.
Power to adopt and amend local laws.... 9 2(c)
Regulation by legislature.............. 13 14
Schools and school systems, legislative
power over............................. 9 3(a)
Senate districts, formation, not to be
divided exception...................... 3 4
Services, joint or cooperative, contracts 9 1(c)
Sewage facilities, exclusion of
indebtedness from debt limitation...... 8 2(a), 5
Sewage systems,
Common or excess, legislature may
authorize............................ 8 2(a)
Indebtedness, exclusion from debt
limitation........................... 8 2(a), 5
Revenues, restrictions on use.......... 8 2(a)
Special laws prohibited, legislature to
pass general laws, exception........... 9 2(b)
Stocks, ownership in private corporations
prohibited............................. 8 1
Streets, power to adopt and amend local
laws................................... 9 2(c)
Taxes,
Advancement by county for unpaid....... 8 1
Housing, assessed valuation to limit
indebtedness......................... 18 4
Legislative power to limit............. 8 12
Valuation limiting indebtedness........ 8 4
Terms of office, power to adopt and amend
local laws............................. 9 2(c)
Transfer of functions and duties,
Alternative form of county government,
election............................. 9 1(h)
Legislature may provide therefor....... 9 1(h)
Transit facilities, power to enact local
laws................................... 9 2(c)
Utilities, public, fair returns on value
of property............................ 9 1(f)
Wages of employees, etc.
Adoption and amendment of local laws... 9 2(c)
Regulation by legislature.............. 13 14
Water, public utility, fair return on
value of property...................... 9 1(b)
Water supply,
Common or excess, legislature may
authorize............................ 8 2(a)
Indebtedness, exclusion from debt
limitation........................... 8 5
Revenues, restrictions on use
-- 291 --
INDEX
Art. Sec.
inapplicable......................... 8 10(a)
Welfare services for children,
indebtedness........................... 8 1
Working conditions of employees, etc.,
local laws may provide therefor........ 9 2(c)
Town Officers (see also "Public Officers"):
......................................... 2 7
Election................................. 9 1(b)
Transit Facilities:
Local law, power of local governments to
adopt and amend........................ 9 2(c)
Transportation:
School children, legislature may provide. 11 3
Traveling Expenses:
Delegates to constitutional convention... 19 2
Legislature, members..................... 3 6
Treason:
Execution of sentence, power of governor
to suspend until action by legislature. 4 4
Governor's power to pardon, etc.,
inapplicable........................... 4 4
Reprieves, commutations and pardons,
power of legislature to grant.......... 4 4
Treasury:
Appropriation necessary for payment of
money.................................. 7 7
Canals, funds from sale etc., to be paid
into general fund...................... 15 2
Payment, when to be made after passage of
appropriation.......................... 7 7
Trial By Jury (see "Jury").
Trustees:
Saving banks and institutions,
Loan or use of money, interest in
prohibited........................... 10 3
Profits, interest in prohibited........ 10 3
Trusts:
Intagible personalty, situs for taxation. 16 3
Two-Thirds Vote (see "Legislature").
ULSTER COUNTY:
Belleayre mountain, construction of ski
trails................................. 14 1
Undistributed Profits:
Taxation prohibited...................... 16 3
Unemployment:
Legislature,
Power to authorize loans to alleviate.. 7 8
Power to guarantee bonds to alleviate.. 10 7
Power to provide protection against
-- 292 --
INDEX
Art. Sec.
hazards.............................. 7 8
United States:
Acceptance of certain offices to vacate
seat in legislature.................... 3 7
Corporations under laws of, no
discrimination in taxation............. 16 4
Housing, aid and cooperation authorized.. 18 2
Navigable waters, voting residence
unaffected............................. 2 4
Services, employment, voting residence
unaffected............................. 2 4
Tax laws, reference thereto authorized... 3 22
United States Deposit Fund;
Capital preserved for support of schools
and libraries.......................... 11 3
Revenues, to what purposes applied....... 11 3
United States Reserve Forces:
Membership, legislators not disqualified. 3 7
United States Veterans' Bureau Hospital:
Absentee registration by inmates......... 2 5
University Of The State of New York:
Government............................... 11 2
Regents, number, powers.................. 11 2
Unjust Contracts:
Canals, cancellation by superintendent
of public works........................ 15 3
Utilities:
Operation and use of gas, electic or
water by local government, authority... 9 1(f)
Profits, use by local governments........ 9 1(f)
VACANCY IN OFFICE:
Attorney-general......................... 5 1
City court judges, outside New York city. 6 17(d)
Comptroller.............................. 5 1
County judge, appointment by governor.... 6 21(a)
Court on the judiciary................... 6 22(b)
Court of appeals,
Appointment for service................ 6 2(c)
Duration of appointment................ 6 2(c)
Election and appointment to fill....... 6 2(c)
Court of claims judges................... 6 21(b)
District court judges.................... 6 21(d)
Family court,
Outside New York city.................. 6 21(a)
New York city.......................... 6 21(c)
Governor,
Lieutenant-governor to act............. 4 5
Speaker of assembly to act............. 4 6
Temporary president of senate to act... 4 6
Governor and lieutenant-governor, to be
-- 293 --
INDEX
Art. Sec.
filled for unexpired terms at next
general election....................... 4 6
Lieutenant governor, temporary president. 3 9
of senate to act....................... 4 6
New York city-wide courts, judges,
Civil jurisdictions.................... 6 21(c)
Criminal jurisdictions................. 6 21(c)
Public officers,
Appointments to fill................... 13 3
Elective officers, duration of
appointments......................... 13 3
Existence, determination by
legislature.......................... 13 6
Supreme court justice,
Appointment by governor................ 6 21(a)
Designation for service in court of
appeals.............................. 6 2(c)
Effect of appointment to court of
appeals.............................. 6 2(c)
Surrogate, appointment by governor....... 6 21(a)
Town court judges........................ 6 17(d)
Village court judges..................... 6 17(d)
Venue:
Change by private or local bill
prohibited............................. 3 17
Verdict:
Rendition in civil cases, five-sixths
jury vote sufficient................... 1 2
Veterans:
Absentee registration by inmates
of veterans' bureau hospitals.......... 2 5
Preferences and credits in
civil service.......................... 5 6
Registration by inmates of veterans'
bureau hospitals; and families......... 2 5
Veteran's Bonus (see "Bonus").
Veterans Organizations:
Bingo or lotto, conduct by certain,
authorized............................. 1 9
Veto:
Bills passed by legislature.............. 4 7
Passage over veto of governor............ 4 7
Village Courts:
Actions and proceedings,
County court, concurrent jurisdiction.. 6 11(a)
Transfer therefrom..................... 6 19(c,i)
Appeals,.................................
Appellate term......................... 6 8(e),11(d)
..................................... 35(m)
County court......................... 6 11(d),35(m)
-- 294 --
INDEX
Art. Sec.
Continuation........................... 6 17(a)
County courts,
Actions and proceedings,
Concurrent jurisdiction............ 6 11(a)
Transfer thereto................... 6 19(c)
Appeals.............................. 6 11(d),35(m)
Court system of state, unified,
included therein..................... 6 1(a)
Discontinuance......................... 6 17(b)
Expenses of court...................... 6 29(a-d)
Judges (see also "Judges and Justices"),
Assignment, temporary.................. 6 26(j)
Classification......................... 6 17(d)
Duties................................. 6 17(d)
Education and training................. 6 20(c)
Qualifications......................... 6 20(c)
Removal for cause...................... 6 22(i)
Restrictions........................... 6 20(c)
Retirement for disability.............. 6 22(i)
Selection.............................. 6 17(d)
Terms.................................. 6 17(d)
Vacancies.............................. 6 17(d)
Jurisdiction............................. 6 17(a)
Mandates, service and execution.......... 6 1(c)
Practice and procedure................... 6 1(c)
Processes, service and execution......... 6 1(c)
Regulation............................... 6 17(b)
Supreme court, power to transfer actions
or proceedings pending therein to
county court........................... 6 19(c)
Warrants, service and execution.......... 6 1(c)
Villages (see also "Municipalities"):
Action to compel setting aside funds for
payment of indebtedness................ 8 2
Acquisition of property, local laws
relating thereto....................... 9 2(c)
Adoption and amendment of local laws..... 9 1(a),2(c)
Agreements, authorization for certain,
relating to services, etc.............. 9 1(c)
Annexation of territory, procedure....... 9 1(d)
Appointment, officers not provided for
by constitution........................ 9 1(b)
Appropriations for payment of
indebtedness........................... 8 2
Assessments, duty of legislature to
restrict............................... 8 12
Bingo, power to authorize................ 1 9
Bonds,
Ownership in private corporation
prohibited........................... 8 1
-- 295 --
INDEX
Art. Sec.
Pension or retirement systems, serial
bonds, exclusion from indebtedness... 8 5
Borrowing, duty of legislature to
restrict............................... 8 12
Certificate of indebtedness, exclusion
in computing limitations............... 8 5
Civil service, appointment and promotion. 5 6
Claims against, power to adopt and
amend local laws....................... 9 2(c)
....................................... 9 2(c)
Contractors, protection of employees..... 13 14
County, advances for unpaid taxes........ 16 2
Drainage systems,
Common or excess, legislature may
authorize............................ 8 2(a)
Indebtedness, exclusion from debt
limitation........................... 8 2(a)
Revenues, restriction on use......... 8 2(a)
Education, exclusion from debt
limitation............................. 8 10
Elections,
Annexation of territory, procedure..... 9 1(d)
Bi-partisan requirements inapplicable.. 2 8
Officers not provided for by
constitution......................... 9 1(b)
Registration not required, exception... 2 5
Electric utility, fair return on value
of property............................ 9 1(f)
Eminent domain, authorization,
limitation............................. 9 1(e)
Employees,
Civil service, appointments and
promotions........................... 5 6
Compensation, power to adopt and amend
laws................................. 9 2(c)
Membership in retirement system,
benefits not to be impaired.......... 5 7
..................................... 9 2(c)
Protection of safety and welfare....... 13 14
Veterans preferences and credits in
civil service........................ 5 6
Excess lands, sale or lease.............. 9 1(e)
Existing laws, continuance............... 9 3(b)
Existing powers as to local laws......... 9 2(c)
Firefighters, retired, pensions may be
increased.............................. 8 1
Fiscal officers, payment of indebtedness 8 2
Gas utility, fair return on value of
property............................... 9 1(f)
Gifts of money or credit for private
-- 296 --
INDEX
Art. Sec.
purposes prohibited.................... 8 1
Governmental functions, apportionment of
costs, authorization................... 9 1(g)
Health, protection of employees, etc..... 9 2(c)
....................................... 13 14
Hours of labor of employees, etc.
Legislature to regulate................ 13 14
Power to adopt and amend local laws.... 9 2(c)
Housing (see "Housing")
Indebtedness,
Debts excluded in computing
limitations.......................... 8 5
Legislative power to limit............. 8 12
Limitations............................ 8 2,4
Housing.............................. 18 4,5
Payment................................ 8 2
Period for which contracted............ 8 2
Prior indebtedness unaffected.......... 8 8
Public corporations, inclusion of
indebtedness......................... 8 3
Refunding conditions................... 8 2
Restrictions........................... 8 2,4
Sewage facilities, exclusion of
indebtednes from limitation.......... 8 2-a,5
Joint municipal facilities or services,
Agreements affecting, power to make.... 9 1(c)
Cost, apportionment thereof............ 9 1(c)
Indebtedness, joint or several, may be
contracted therefor.................. 8 1
Municipalities may join together to
provide............................ 8 1
Taxes and charges may be imposed
therefor............................. 8 1
Legislative body,
Composition and membership, local laws
to provide therefor.................. 9 2(c)
Elective............................... 9 1(a)
Request to legislature for passage of
special laws......................... 9 2(b)
Legislature may confer and withdraw
powers................................. 9 2(b)
Loans,
County, for unpaid taxes............... 16 2
Money or credit, private purposes
prohibited........................... 8 1
Loans of credit, legislature to restrict
powers................................. 8 12
Local laws, power to adopt and amend..... 9 1(a),2(c)
Lotto, power to authorize................ 1 9
Nursing homes (see "Nursing Homes")
-- 297 --
INDEX
Art. Sec.
Officers,
Appointment and removal................ 9 2(c)
Compensation, power to fix............. 9 2(c)
Election or appointment, manner when
not provided by constitution......... 9 1(b)
Organization, legislature to provide..... 9 2(a)
Pension or retirement system, bonds,
exclusion from debt limitation......... 8 5
Pledge of faith and credit for payment of
indebtedness........................... 8 2
Improvement district................... 8 3
Police officers, retired, pensions may be
increased.............................. 8 1
Populations for registration purposes,
latest census controlling, exception... 2 5
Private property, taking for public use.. 1 7
....................................... 9 1(e)
Property, affairs and government,
Legislature, restrictions.............. 9 2(b)
Power to adopt and amend local laws
affecting............................ 9 2(c)
Authorization for local law not
affecting............................ 9 2(c)
Public corporations, indebtedness,
consent required....................... 8 3
Public improvements and services,
Exclusion of indebtedness in computing
limitation........................... 8 5
Revenues of certain, application and
use.................................. 8 10-a
Water supply, restrictions
inapplicable....................... 8 10-a
Public officers,
Election and term...................... 9 2(c)
Salary, compensation or working
conditions, local law affecting...... 9 2(c)
Public works, hours and wages............ 1 17
....................................... 13 14
Registration of voters, legislative
authority.............................. 2 5
Refunding indebtedness, conditions....... 8 2
Request to legislature for passage of
special laws........................... 9 2(c)
Retirement systems,
Bonds, exclusion from debt limitation.. 8 5
Local laws affecting certain
prohibited........................... 9 3(a)
Revenue producing service, debts
excluded in computing limitation....... 8 5
Safety, protection of employees, etc.,
-- 298 --
INDEX
Art. Sec.
adoption of local laws................. 9 2(c)
Salaries of employees, etc.,
Power to adopt and amend local laws... 9 2(c)
Regulation by legislature.............. 13 14
Schools and school systems, legislative
power over............................. 9 2(c)
Services, joint or cooperative,
contracts.............................. 9 1(c)
Sewage facilities, exclusion of
indebtedness from debt limitation...... 8 2-a,5
Sewage systems,
Common or excess, legislature may
authorize............................ 8 2-a
Indebtedness, exclusion from debt
limitation........................... 8 2-a
Revenues, restrictions on use........ 8 2-a
Special laws prohibited, legislature
to pass general laws, exception...... 9 2(b)
Stocks, ownership in private
corporations prohibited.............. 8 1
Streets, power to adopt and amend
local laws........................... 9 2(c)
Taxes,
Advancement by county for unpaid..... 16 2
Amount to be raised by real estate,
limited............................ 8 10
Exclusion of certain expenditures.. 8 11
Legislative power to limit........... 8 12
Legislature,
Assessment, levy and collection.... 16 2
Restriction of power to impose..... 8 12
Loans by county for unpaid........... 16 2
Power to adopt and amend local laws.. 9 2(c)
Real property limitation on taxation 8 10-12
Terms of office, power to adopt and
amend local laws..................... 9 2(c)
Transfer of functions and duties,
Alternative form of county
government, election............... 9 1(h)
Legislature may provide therefor..... 9 1(h)
Transit facilities, power to enact
local laws........................... 9 2(c)
Utilities, public, fair returns on
value of property.................... 9 1(f)
Wages of employees, etc.,
Adoption and amendment of local laws 9 2(c)
Regulation by legislature............ 13 14
Water, public utility, fair return on
value of property.................... 9 1(f)
Water supply,
-- 299 --
INDEX
Art. Sec.
Common or excess, legislature may
authorize............................ 8 2-a
Indebtedness, exclusion from debt
limitation........................... 8 5
Revenues, restriction on use
inapplicable......................... 8 10-a
Water, public utility, fair return on
value of property...................... 9 1(f)
Working conditions of employees, etc.,
local laws may provide therefor........ 9 2(c)
VISITATION:
Correction commission, institutions for
detention of criminals................. 17 5
Institutions generally................... 17 2
Legislature, power to provide............ 17 6
Mental hygiene department................ 17 4
VOLUNTEER FIREFIGHTERS:
Bingo or lotto, conduct by certain
organizations of, authorized........... 1 9
VOTERS AND VOTING (see also "Elections"):
Absentee voting, legislature to provide 2 2
Disqualification,
Bet or wager on result of election..... 2 3
Bribery, legislature to disfranchise
persons convicted.................... 2 3
Infamous crime, legislature to
disfranchise persons convicted... 2 3
Identification by signature for
registration and voting purposes....... 2 7
Ill and physically disabled voters
(see, under "Elections").
Military personnel and families.......... 2 1
Physically disabled voter (see, under
"Elections").
Places of voting, designtion by private
or local bill prohibited............... 3 17
Qualifications,
Age requirement........................ 2 1
Ability to read and write English,
exception............................ 2 1
Citizenship............................ 2 1
Residence, state and local............. 2 1
Circumstances not affecting.......... 2 4
School district elections, certain,
legislature shall prescribe.......... 8 4,10
Right guaranteed, exception.............. 1 1
Suffrage, general provisions............. 2 1-8
WAGES ON PUBLIC WORK:
Employees generally...................... 13 14
-- 300 --
INDEX
Art. Sec.
Prevailing rate to be paid............... 1 17
WAIVER OF IMMUNITY OR OF JURY TRIAL (see
"Criminal Actions").
WAR:
Defense of state, power to contract
debts.................................. 7 10
Governor, absence from state,
continuance as commander-in-chief...... 4 5
Members of armed forces, indictment by
grand jury not required................ 1 6
WARRANTS:
Courts, service and execution............ 6 1(c)
Interception of telephone and telegraph
communications......................... 1 12
Search and seizure, generally............ 1 12
WARREN COUNTY:
Gore mountain, construction of ski
trails................................. 14 1
Pete Gay mountain, construction of ski
trails................................. 14 1
WATER SUPPLY:
Common, for municipalities............... 8 2-a
Excess, sale authorized.................. 8 2-a
Indebtedness, debts excluded in
computing limitation................... 8 5
Municipal, use of forest lands for
reservoirs............................. 14 2
New York city, financing by bonds........ 8 2
Revenues, restrictions on use
inapplicable........................... 8 10-a
WATER UTILITIES:
Operation and use by local governments,
fair return on value of property,
authority.............................. 9 1(f)
WELFARE (see "Social Welfare").
WHITEFACE MOUNTAIN:
Forest preserve, construction of ski
trails permitted....................... 14 1
WILD LIFE:
Appropriations for conservation.......... 14 3
Conservation, state policy............... 14 3
WILLS:
Probate, jurisdiction of surrogate's
court.................................. 6 12(d)
WITNESSES:
Accused, Compelling self-incriminating
testimony prohibited................... 1 6
Right to be confronted with............ 1 6
Competency unaffected by religious
beliefs................................ 1 3
-- 301 --
INDEX
Art. Sec.
Court on the judiciary,
Authority to grant immunity............ 6 22(f)
Authority to summon.................... 6 22(f)
Detention, unreasonable, prohibited...... 1 5
Privilege against self-incrimination..... 1 6
Self-incrimination, privilege against.... 1 6
Religious beliefs, competency
unaffected............................. 1 3
Unreasonable detention prohibited........ 1 5
WORKERS' COMPENSATION:
Death, compensation, power to limit
amount................................. 1 18
Employer, moneys paid, proper business
charge................................. 1 18
Exclusion of other rights or remedies.... 1 18
Injuries compensable without regard to
fault, exception....................... 1 18
Intoxictaion of employee................. 1 18
Jury trial, issues may be determined
or settled with or without............. 1 18
Legislative power to enact laws.......... 1 18
System, authority of legislature to
provide................................ 1 18
Wilfullness of injury or death........... 1 18
WORLD WAR II:
Bonus for veterans....................... 7 18
WORSHIP (see "Religious Worship").
WRIT:
Habeas Corpus............................ 1 4
WRONGFUL DEATH:
Cause or right of action not to be
abrogated.............................. 1 16
Damages recoverable not to be limited.... 1 16
YEAS AND NAYS:
Question on final passage of bills to
be taken by............................ 3 14,23
Reconsideration of bills, voting to be
determined by.......................... 4 7
Removal of judge or justice, entry on
journals of............................ 6 23(c)
-- 302 --
To figure out if your discrimination situation is illegal you must determine:
1. If you are an employee protected from discrimination under the law.
2. If your employer is subject to anti-discrimination laws.
3. If your employer's conduct is considered discriminatory under the law.
4. If the reason your employer discriminate against you violates the law.
