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2005 NY Att'y Gen. Rep. & Op. 1 (2005)

handle is hein.nyattgen/nysag0120 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. F 2005-1 N.Y. CONST., ART. III, §§7, 8, ART. XII, §§2, 4; MILITARY LAW §§2, 3,5, 5-a, 170, 167, 168; L. 1832, CH. 84; L. 1918, CH. 239; L. 1921, CH. 20, CH. 588, §§12, 40, 43; L. 1934, CH. 84; L. 1941, CH. 874; L. 1942, CH. 911; L. 1944, CH. 294; L. 1947, CH. 635; L. 1948, CH. 201; L. 1950, CH. 825, §§5-7; 42 U.S.C. §§102, 108. A member of the Legislature may serve in the New York Guard, and receive compensation for such service, without vacating his or her legislative seat. You have requested an opinion interpreting section 7 of article III of the New York Constitution as it applies to members of the State Legislature who serve or want to serve in the New York Guard. Section 7 of article III provides, in relevant part: If a member of the legislature is 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. 1 AG 12-31-05