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CHAPTER
Constitution
* THE CONSTITUTION OF THE STATE OF NEW YORK

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 (Repealed.)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 (Repealed.)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 (Repealed.)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.

19. Environmental rights.

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.

5-b. An independent redistricting commission established.

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.

6. Enacted without section heading.

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