Compensa tion of members of legislature Article III, § 6 1894. III:343–348 (III:1467-1470); III:987-1215 (IV:1830-1964); III:1223-1242 (IV:1969-1979); IV:6-37 (IV:1982-1999); 7896 (V:2021-2030); IV:357-376 (V:2164-2174); IV:644-694 (V: 2325-2354). Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional § 6. Each member of the Legislature shall receive for his services an annual salary of one thousand five hundred dol3 lars. The members of either house shall also receive the sum 4 of one dollar for every ten miles they shall travel in going 5 to and returning from their place of meeting, once in each 6 session, on the most usual route. Senators, when the Senate 7 alone is convened in extraordinary session, or when serving 8 as members of the Court for the Trial of Impeachments, and 9 such members of the Assembly, not exceeding nine in number, 10 as shall be appointed managers of an impeachment, shall re11 ceive an additional allowance of ten dollars a day. Source Const. 1821, Art. I, § 9; amended, Const. 1846, Art. III, § 6; amended 1874. Lincoln's Constitutional History References to constitutional conventions and commissions. Debates of constitutional conventions 1821. 420-423 (Oct. 13). 1846. 431-436 (July 27), 470-474 (July 31). 1872. II: 1867. I:761; II:877–878, 1013; V:3456–3457, 3591–3593, 3606 Texts of proposed amendments Member of 1 legislature In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 16-456 (Int. 16), 27, 219 (Int. 217), 292 (Int. 288). In the legislature, 1895-1914: see Part II, post, pp. 64-67. § 7. No member of the Legislature shall receive any civil not to hold 2 appointment within this State, or the Senate of the United other civil office 5 This overture was adopted by the convention and accordingly became a part of the Constitution. Article III, § 8 3 States, from the Governor, the Governor and Senate, or from 4 the Legislature, or from any city government, during the time 5 for which he shall have been elected; and all such appoint6 ments and all votes given for any such member for any such 7 office or appointment shall be void. Source Const. 1821, Art. I, § 10; amended, Const. 1846, Art. III, § 7; amended 1874. Lincoln's Constitutional History For history of this section and comment thereon, see IV:356–360. 1821. I:639; IV:356-357. 1846. IV:357. 1872. IV:358. Debates of constitutional conventions 1821. 424-428 (Oct. 13). 1867. II:878-879; V:3607-3608. Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional officers dis members § 8. No person shall be eligible to the Legislature, who at Certain 2 the time of his election, is, or within one hundred days previous qualified as 3 thereto has been, a member of Congress, a civil or military 4 officer under the United States, or an officer under any city 5 government. And if any person shall, after his election as a 6 member of the Legislature, be elected to Congress, or ap7 pointed to any office, civil or military, under the government 8 of the United States, or under any city *goverment, his accept9 ance thereof shall vacate his seat." Source Const. 1821, Art. I, § 11; amended, Const. 1846, Art. III, § 8; amended 1874. Lincoln's Constitutional History For annotations, see IV:361. References to constitutional conventions and commissions. 1821. I:639. 1872. II:492-493. Debates of constitutional conventions 1821. 431-434 (Oct. 15). 1846. 436-443 (July 27). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 71, 131-455 (Int. 131), 219 (Int. 217). * So in original. 6 For certain proposed qualifications for members of the legislature, see Supplemental Notes following Article XV, post, under the title Legislature. Article III, § 9 Time of 1 elections of members of 2 legislature § 9. 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, 4 unless otherwise directed by the Legislature. 3 Source Const. 1821, Art. I, § 15; amended, Const. 1846, Art. III, § 9. For a chronological sketch of the statutory and constitutional pro- 1821. IV:362. Debates of constitutional conventions 1867. II:880. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overture No. 219 (Int. 217). Quorum of 1 each house Powers of 2 each house 3 4 § 10. 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 to preside in case of the absence or impeachment of the Lieuten7 ant-Governor, or when he shall refuse to act as president, or shall act as Governor. Temporary 5 president of senate 6 8 Source Const. 1821, Art. I, § 3; amended, Const. 1846, Art. 111, § 10; amended, Const. 1894, Art. III, § 10. See also Const. 1777, Art. IX. Lincoln's Constitutional History For comment on this section and court decisions construing it, see For history of the provision relating to the temporary president For history of the movement to amend this section by depriving the legislature of the power to determine the election and qualifications of its own members and transferring jurisdiction in such cases to the courts, see II:576, 581–582. Debates of constitutional conventions 1867. Powers of senate and assembly, II:880–881. 1894. President pro tem of the senate, II:26-31 (II:637-639), II: 484-489 (II:882-885); IV:414-416 (V:2195-2196). Article III, § 13 Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 149, 218-382 (Int. 216), 219 (Int. 217). In the legislature, 1895-1914: see Part II, post, p. 68. 1 2 § 11. Each house shall keep a journal of its proceedings, and Journals of publish the same, except such parts as may require secrecy. each house sions 3 The doors of each house shall be kept open, except when the open ses4 public welfare shall require secrecy. Neither house shall, ments 5 without the consent of the other, adjourn for more than two Adjourn6 days. Source Const. 1777, Art. XV; amended, Const. 1821, Art. 1, § 4; continued without change in Const. 1846, Art. III, § 11. Lincoln's Constitutional History For comment upon this section, especially with respect to the power of the assembly during the colonial period to fix the times of its own meetings and adjourn from time to time at its own pleasure, see IV:365. Debates of constitutional conventions 1867. Adjournments, II:881–882. Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional of members § 12. For any speech or debate in either house of the Legis- Privileges 2 lature, the members shall not be questioned in any other place. Source Const. 1846, Art. III, § 12. Lincoln's Constitutional History For brief historical note on this section, see IV:365-366. Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional originate or § 13. Any bill may originate in either house of the Legis- Bills may 2 lature, and all bills passed by one house may be amended by be amended 3 the other.8 Source Const. 1821, Art. I, § 8; continued without change in Const. 1846, 7 This overture was adopted by the convention and accordingly became a part of the Constitution. 8 For limitation upon the time of the introduction of bills, see Supplemental Notes following Article XV, post, under the title Bills. in either house Article III, § 14 Enacting clause of bills Manner of passing bills Lincoln's Constitutional History For historical statement of the exclusive right claimed by the colonial 1821. I:639; IV:366–367. Debates of constitutional conventions Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 146-390 (Int. 146), 155, 219 (Int. 217). § 14. 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 4 bill. 3 Source Const. 1777, Art. XXXI (omitted in Const. 1821); amended, Const. 1846, Art. III, § 14. Lincoln's Constitutional History For historical statement of the enacting clause in early English statutes, in the colony of New York, and in this state down to 1846 (from which time there has been no change), see IV :369–375. Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, p. 68. § 15. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its 3 final form, at least three calendar legislative days prior to its 4 final passage, unless the Governor, or the acting Governor, 5 shall have certified to the necessity of its immediate passage, 6 under his hand and the seal of the State; nor shall any bill be 7 passed or become a law, except by the assent of a majority 8 of the members elected to each branch of the Legislature; 9 and upon the last reading of a bill, no amendment thereof 10 shall be allowed, and the question upon its final passage shall 11 be taken immediately thereafter, and the yeas and nays en12 tered on the journal.9 Source Const. 1846, Art. III, § 15; amended, Const. 1894, Art. III, § 15. 9 For suggested restrictions upon the manner of passing local or private bills, see Supplemental Notes following Article XV, post, under the title Bills. |