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historicaldocuments:states:newyork:ny_const_toc

Table of Contents

ARTICLE I
BILL OF RIGHTS

  Rights, privileges and franchise secured; power of legislature to dispense with primary elections in certain cases.
  Trial by jury; how waived.
  Freedom of worship; religious liberty.
  Habeas corpus.
  Bail; fines; punishments; detention of witnesses.
  Grand jury; protection of certain enumerated rights; duty of public officers to sign waiver of immunity and give testimony; penalty for refusal.
  Compensation for taking private property; private roads; drainage of agricultural lands.
  Freedom of speech and press; criminal prosecutions for libel.
  Right to assemble and petition; divorce; lotteries; pool-selling and gambling; laws to prevent; pari-mutuel betting on horse races permitted; games of chance, bingo or lotto authorized under certain restrictions.
  [Repealed.]
  Equal protection of laws; discrimination in civil rights prohibited.
  Security against unreasonable searches, seizures and interceptions.
  [Repealed.]
  Common law and acts of the colonial and state legislatures.
  [Repealed.]
  Damages for injuries causing death.
  Labor not a commodity; hours and wages in public work; right to organize and bargain collectively.
  Workers’ compensation.

ARTICLE II
SUFFRAGE

  Qualifications of voters.
  Absentee voting.
  Persons excluded from the right of suffrage.
  Certain occupations and conditions not to affect residence.
  Registration and election laws to be passed.
  Permanent registration.
  Manner of voting; identification of voters.
  Bi-partisan registration and election board.
  Presidential elections; special voting procedures authorized.

ARTICLE III
LEGISLATURE

  Legislative power.
  Number and terms of senators and assemblymen.
  Senate districts.
  Readjustments and reapportionments; when federal census to control.
  Apportionment of assemblymen; creation of assembly districts.
  5-a. Definition of inhabitants.
  5-b. Independent redistricting commission.
  Compensation, allowances and traveling expenses of members.
  Qualifications of members; prohibitions on certain civil appointments; acceptance to vacate seat.
  Time of elections of members.
  Powers of each house.
  Journals; open sessions; adjournments.
  Members not to be questioned for speeches.
  Bills may originate in either house; may be amended by the other.
  Enacting clause of bills; no law to be enacted except by bill.
  Manner of passing bills; message of necessity for immediate vote.
  Private or local bills to embrace only one subject, expressed in title.
  Existing law not to be made applicable by reference.
  Cases in which private or local bills shall not be passed.
  Extraordinary sessions of the legislature; power to convene on legislative initiative.
  Private claims not to be audited by legislature; claims barred by lapse of time.
  Two-thirds bills.
  Certain sections not to apply to bills recommended by certain commissioners or public agencies.
  Tax laws to state tax and object distinctly; definition of income for income tax purposes by reference to federal laws authorized.
  When yeas and nays necessary; three-fifths to constitute quorum.
  Prison labor; contract system abolished.
  Emergency governmental operations; legislature to provide for. 

ARTICLE IV
EXECUTIVE

  Executive power; election and terms of governor and lieutenant-governor.
  Qualifications of governor and lieutenant-governor.
  Powers and duties of governor; compensation.
  Reprieves, commutations and pardons; powers and duties of governor relating to grants of.
  When lieutenant-governor to act as governor.
  Duties and compensation of lieutenant-governor; succession to the governorship.
  Action by governor on legislative bills; reconsideration after veto.
  Departmental rules and regulations; filing; publication. 

ARTICLE V
OFFICERS AND CIVIL DEPARTMENTS

  Comptroller and attorney-general; payment of state moneys without audit void.
  Civil departments in the state government.
  Assignment of functions.
  Department heads.
  [Repealed.]
  Civil service appointments and promotions; veterans’ credits.
  Membership in retirement systems; benefits not to be diminished nor impaired.

ARTICLE VI
JUDICIARY

  Unified court system; organization; process.
  Court of appeals; organization; designations; vacancies, how filled; commission on judicial nomination.
  Court of appeals; jurisdiction.
  Judicial departments; appellate divisions, how constituted; gov- ernor to designate justices; temporary assignments; jurisdiction.
  Appeals from judgment or order; new trial.
  Judicial districts; how constituted; supreme court.
  Supreme court; jurisdiction.
  Appellate terms; composition; jurisdiction.
  Court of claims; jurisdiction.
  County courts; judges.
  County court; jurisdiction.
  Surrogate’s courts; judges; jurisdiction.
  Family court; organization; jurisdiction.
  Discharge of duties of more than one judicial office by same judicial officer.
  New York city; city-wide courts; jurisdiction.
  District courts; jurisdiction; judges.
  Town, village and city courts; jurisdiction; judges.
  Trial by jury; trial without jury; claims against state.
  Transfer of actions and proceedings.
  Judges and justices; qualifications; eligibility for other office or service; restrictions.
  Vacancies; how filled.
  Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices.
  Removal of judges.
  Court for trial of impeachments; judgment.
  Judges and justices; compensation; retirement.
  Temporary assignments of judges and justices.
  Supreme court; extraordinary terms.
  Administrative supervision of court system.
  Expenses of courts.
  Legislative power over jurisdiction and proceedings; delegation of power to regulate practice and procedure.
  Inapplicability of article to certain courts.
  Custodians of children to be of same religious persuasion.
  Existing laws; duty of legislature to implement article.
  Pending appeals, actions and proceedings; preservation of existing terms of office of judges and justices.
  Certain courts abolished; transfer of judges, court personnel, and actions and proceedings to other courts.
  Pending civil and criminal cases.
  36-a. Effective date of certain amendments to articles VI and VII.
  36-b. [No section.]
  36-c. Effective date of certain amendments to article VI, section 22.
  Effective date of article.

ARTICLE VII
STATE FINANCES

  Estimates by departments, the legislature and the judiciary of needed appropriations; hearings.
  Executive budget.
  Budget bills; appearances before legislature.
  Action on budget bills by legislature; effect thereof.
  Restrictions on consideration of other appropriations.
  Restrictions on content of appropriation bills.
  Appropriation bills.
  Gift or loan of state credit or money prohibited; exceptions for enumerated purposes.
  Short term state debts in anticipation of taxes, revenues and proceeds of sale of authorized bonds.
  State debts on account of invasion, insurrection, war and forest fires.
  State debts generally; manner of contracting; referendum.
  State debts generally; how paid; contribution to sinking funds; restrictions on use of bond proceeds.
  Refund of state debts.
  State debt for elimination of railroad crossings at grade; expenses; how borne; construction and reconstruction of state highways and parkways.
  Sinking funds; how kept and invested; income therefrom and application thereof.
  Payment of state debts; when comptroller to pay without appropriation.
  Authorizing the legislature to establish a fund or funds for tax revenue stabilization reserves; regulating payments thereto and withdrawals therefrom.
  Bonus on account of service of certain veterans in World War II.
  State debt for expansion of state university.

ARTICLE VIII
LOCAL FINANCES

  Gift or loan of property or credit of local subdivisions prohibited; exceptions for enumerated purposes.
  Restrictions on indebtedness of local subdivisions; contracting and payment of local indebtedness; exceptions.
  2-a. Local indebtedness for water supply, sewage and drainage facilities and purposes; allocations and exclusions of indebtedness.
  Restrictions on creation and indebtedness of certain corporations.
  Limitations on local indebtedness.
  Ascertainment of debt-incurring power of counties, cities, towns and villages; certain indebtedness to be excluded.
  Debt-incurring power of Buffalo, Rochester and Syracuse; certain additional indebtedness to be excluded.
  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.
  Indebtedness not to be invalidated by operation of this article.
  When debt-incurring power of certain counties shall cease.
  Limitations on amount to be raised by real estate taxes for local purposes; exceptions.
  10-a. Application and use of revenues: certain public improvements.
  Taxes for certain capital expenditures to be excluded from tax limitation.
  Powers of local governments to be restricted; further limitations on contracting local indebtedness authorized.

ARTICLE IX
LOCAL GOVERNMENTS

  Bill of rights for local governments.
  Powers and duties of legislature; home rule powers of local governments; statute of local governments.
  Existing laws to remain applicable; construction; definitions. 

ARTICLE X
CORPORATIONS

  Corporations; formation of.
  Dues of corporations.
  Savings bank charters; savings and loan association charters; special charters not to be granted.
  Corporations; definition; right to sue and be sued.
  Public corporations; restrictions on creation and powers; accounts; obligations of.
  Liability of state for payment of bonds of public corporation to construct state thruways; use of state canal lands and properties.
  Liability of state for obligations of the port of New York authority for railroad commuter cars; limitations.
  Liability of state on bonds of a public corporation to finance new industrial or manufacturing plants in depressed areas. 

ARTICLE XI
EDUCATION

  Common schools.
  Regents of the University.
  Use of public property or money in aid of denominational schools prohibited; transportation of children authorized.

ARTICLE XII
DEFENSE

  Defense; militia.

ARTICLE XIII
PUBLIC OFFICERS

  Oath of office; no other test for public office.
  Duration of term of office.
  Vacancies in office; how filled; boards of education.
  Political year and legislative term.
  Removal from office for misconduct.
  When office to be deemed vacant; legislature may declare.
  Compensation of officers.
  Election and term of city and certain county officers.
  9-12 [ No sections 9-12; former 9-12 renumbered 4-7.]
  Law enforcement and other officers.
  Employees of, and contractors for, the state and local governments; wages, hours and other provisions to be regulated by legislature.

ARTICLE XIV
CONSERVATION

  Forest preserve to be forever kept wild; authorized uses and exceptions.
  Reservoirs.
  Forest and wild life conservation; use or disposition of certain lands authorized.
  Protection of natural resources; development of agricultural lands.
  Violations of article; how restrained.

ARTICLE XV
CANALS

  Disposition of canals and canal properties prohibited.
  Prohibition inapplicable to lands and properties no longer useful; disposition authorized.
  Contracts for work and materials; special revenue fund.
  Lease or transfer to federal government of barge canal system authorized.

ARTICLE XVI
TAXATION

  Power of taxation; exemptions from taxation.
  Assessments for taxation purposes.
  Situs of intangible personal property; taxation of.
  Certain corporations not to be discriminated against.
  Compensation of public officers and employees subject to taxation.
  Public improvements or services; contract of indebtedness; creation of public corporations.

ARTICLE XVII
SOCIAL WELFARE

  Public relief and care.
  State board of social welfare; powers and duties.
  Public health.
  Care and treatment of persons suffering from mental disorder or defect; visitation of institutions for.
  Institutions for detention of criminals; probation; parole; state commission of correction.
  Visitation and inspection.
  Loans for hospital construction.

ARTICLE XVIII
HOUSING

  Housing and nursing home accommodations for persons of low income; slum clearance.
  Idem; powers of legislature in aid of.
  Article VII to apply to state debts under this article, with certain exceptions; amortization of state debts; capital and periodic subsidies.
  Powers of cities, towns and villages to contract indebtedness in aid of low rent housing and slum clearance projects; restrictions thereon.
  Liability for certain loans made by the state to certain public corporations.
  Loans and subsidies; restrictions on and preference in occupancy of projects.
  Liability arising from guarantees to be deemed indebtedness; method of computing.
  Excess condemnation.
  Acquisition of property for purposes of article.
  Power of legislature; construction of article.

ARTICLE XIX
AMENDMENTS TO CONSTITUTION

  Amendments to constitution; how proposed, voted upon and ratified; failure of attorney-general to render opinion not to affect validity.
  Future constitutional conventions; how called; election of delegates; compensation; quorum; submission of amendments; officers; employees; rules; vacancies.
  Amendments simultaneously submitted by convention and legislature.

ARTICLE XX
WHEN TO TAKE EFFECT

  Time of taking effect.
  
historicaldocuments/states/newyork/ny_const_toc.txt · Last modified: 2021/03/08 12:51 by Oliver Wolcott