NY-CNS Constitution NY

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.

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.

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.

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.

Excessive bail shall not be required nor excessive fines imposed,

nor shall cruel and unusual punishments be inflicted, nor shall

witnesses be unreasonably detained.

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.

(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.

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.

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, 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, and except casino

gambling at no more than seven facilities as authorized and prescribed

by the legislature 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.

a. 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, ethnicity, national origin, age, disability, creed, religion, or

sex, including sexual orientation, gender identity, gender expression,

pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy,

be subjected to any discrimination in their 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, pursuant to law.

b. Nothing in this section shall invalidate or prevent the adoption of

any law, regulation, program, or practice that is designed to prevent or

dismantle discrimination on the basis of a characteristic listed in this

section, nor shall any characteristic listed in this section be

interpreted to interfere with, limit, or deny the civil rights of any

person based upon any other characteristic identified in this section.

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.

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.

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.

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.

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.

Environmental rights. Each person shall have a right to clean air

and water, and a healthful environment.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(a) 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. 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. In the

reapportionment of senate districts, no district shall 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.

(b) The independent redistricting commission established pursuant to

section five-b of this article shall prepare a redistricting plan to

establish senate, assembly, and congressional districts every ten years

commencing in two thousand twenty-one, and shall submit to the

legislature such plan and the implementing legislation therefor on or

before January first or as soon as practicable thereafter but no later

than January fifteenth in the year ending in two beginning in two

thousand twenty-two. The redistricting plans for the assembly and the

senate shall be contained in and voted upon by the legislature in a

single bill, and the congressional district plan may be included in the

same bill if the legislature chooses to do so. The implementing

legislation shall be voted upon, without amendment, by the senate or the

assembly and if approved by the first house voting upon it, such

legislation shall be delivered to the other house immediately to be

voted upon without amendment. If approved by both houses, such

legislation shall be presented to the governor for action.

If either house shall fail to approve the legislation implementing the

first redistricting plan, or the governor shall veto such legislation

and the legislature shall fail to override such veto, each house or the

governor if he or she vetoes it, shall notify the commission that such

legislation has been disapproved. Within fifteen days of such

notification and in no case later than February twenty-eighth, the

redistricting commission shall prepare and submit to the legislature a

second redistricting plan and the necessary implementing legislation for

such plan. Such legislation shall be voted upon, without amendment, by

the senate or the assembly and, if approved by the first house voting

upon it, such legislation shall be delivered to the other house

immediately to be voted upon without amendment. If approved by both

houses, such legislation shall be presented to the governor for action.

If either house shall fail to approve the legislation implementing the

second redistricting plan, or the governor shall veto such legislation

and the legislature shall fail to override such veto, each house shall

introduce such implementing legislation with any amendments each house

of the legislature deems necessary. All such amendments shall comply

with the provisions of this article. If approved by both houses, such

legislation shall be presented to the governor for action.

All votes by the senate or assembly on any redistricting plan

legislation pursuant to this article shall be conducted in accordance

with the following rules:

(1) In the event that the speaker of the assembly and the temporary

president of the senate are members of two different political parties,

approval of legislation submitted by the independent redistricting

commission pursuant to subdivision (f) of section five-b of this article

shall require the vote in support of its passage by at least a majority

of the members elected to each house.

(2) In the event that the speaker of the assembly and the temporary

president of the senate are members of two different political parties,

approval of legislation submitted by the independent redistricting

commission pursuant to subdivision (g) of section five-b of this article

shall require the vote in support of its passage by at least sixty

percent of the members elected to each house.

(3) In the event that the speaker of the assembly and the temporary

president of the senate are members of the same political party,

approval of legislation submitted by the independent redistricting

commission pursuant to subdivision (f) or (g) of section five-b of this

article shall require the vote in support of its passage by at least

two-thirds of the members elected to each house.

(c) Subject to the requirements of the federal constitution and

statutes and in compliance with state constitutional requirements, the

following principles shall be used in the creation of state senate and

state assembly districts and congressional districts:

(1) When drawing district lines, the commission shall consider whether

such lines would result in the denial or abridgement of racial or

language minority voting rights, and districts shall not be drawn to

have the purpose of, nor shall they result in, the denial or abridgement

of such rights. Districts shall be drawn so that, based on the totality

of the circumstances, racial or minority language groups do not have

less opportunity to participate in the political process than other

members of the electorate and to elect representatives of their choice.

(2) To the extent practicable, districts shall contain as nearly as

may be an equal number of inhabitants. For each district that deviates

from this requirement, the commission shall provide a specific public

explanation as to why such deviation exists.

(3) Each district shall consist of contiguous territory.

(4) Each district shall be as compact in form as practicable.

(5) Districts shall not be drawn to discourage competition or for the

purpose of favoring or disfavoring incumbents or other particular

candidates or political parties. The commission shall consider the

maintenance of cores of existing districts, of pre-existing political

subdivisions, including counties, cities, and towns, and of communities

of interest.

(6) In drawing senate districts, 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.

The requirements that senate districts not divide counties or towns, as

well as the 'block-on-border' and 'town-on-border' rules, shall remain

in effect.

During the preparation of the redistricting plan, the independent

redistricting commission shall conduct not less than one public hearing

on proposals for the redistricting of congressional and state

legislative districts in each of the following (i) cities: Albany,

Buffalo, Syracuse, Rochester, and White Plains; and (ii) counties:

Bronx, Kings, New York, Queens, Richmond, Nassau, and Suffolk. Notice of

all such hearings shall be widely published using the best available

means and media a reasonable time before every hearing. At least thirty

days prior to the first public hearing and in any event no later than

September fifteenth of the year ending in one or as soon as practicable

thereafter, the independent redistricting commission shall make widely

available to the public, in print form and using the best available

technology, its draft redistricting plans, relevant data, and related

information. Such plans, data, and information shall be in a form that

allows and facilitates their use by the public to review, analyze, and

comment upon such plans and to develop alternative redistricting plans

for presentation to the commission at the public hearings. The

independent redistricting commission shall report the findings of all

such hearings to the legislature upon submission of a redistricting

plan.

(d) 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.

(e) The process for redistricting congressional and state legislative

districts established by this section and sections five and five-b of

this article shall govern redistricting in this state except to the

extent that a court is required to order the adoption of, or changes to,

a redistricting plan as a remedy for a violation of law.

A reapportionment plan and the districts contained in such plan shall

be in force until the effective date of a plan based upon the subsequent

federal decennial census taken in a year ending in zero unless modified

pursuant to court order.

The members of the assembly shall be chosen by single districts

and shall be apportioned pursuant to this section and sections four and

five-b of this article 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. 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. The court shall render its decision within

sixty days after a petition is filed. In any judicial proceeding

relating to redistricting of congressional or state legislative

districts, any law establishing congressional or state legislative

districts found to violate the provisions of this article shall be

invalid in whole or in part. In the event that a court finds such a

violation, the legislature shall have a full and reasonable opportunity

to correct the law's legal infirmities.

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.

(a) On or before February first of each year ending with a zero

and at any other time a court orders that congressional or state

legislative districts be amended, an independent redistricting

commission shall be established to determine the district lines for

congressional and state legislative offices. The independent

redistricting commission shall be composed of ten members, appointed as

follows:

(1) two members shall be appointed by the temporary president of the

senate;

(2) two members shall be appointed by the speaker of the assembly;

(3) two members shall be appointed by the minority leader of the

senate;

(4) two members shall be appointed by the minority leader of the

assembly;

(5) two members shall be appointed by the eight members appointed

pursuant to paragraphs (1) through (4) of this subdivision by a vote of

not less than five members in favor of such appointment, and these two

members shall not have been enrolled in the preceding five years in

either of the two political parties that contain the largest or second

largest number of enrolled voters within the state;

(6) one member shall be designated chair of the commission by a

majority of the members appointed pursuant to paragraphs (1) through (5)

of this subdivision to convene and preside over each meeting of the

commission.

(b) The members of the independent redistricting commission shall be

registered voters in this state. No member shall within the last three

years:

(1) be or have been a member of the New York state legislature or

United States Congress or a statewide elected official;

(2) be or have been a state officer or employee or legislative

employee as defined in section seventy-three of the public officers law;

(3) be or have been a registered lobbyist in New York state;

(4) be or have been a political party chairman, as defined in

paragraph (k) of subdivision one of section seventy-three of the public

officers law;

(5) be the spouse of a statewide elected official or of any member of

the United States Congress, or of the state legislature.

(c) To the extent practicable, the members of the independent

redistricting commission shall reflect the diversity of the residents of

this state with regard to race, ethnicity, gender, language, and

geographic residence and to the extent practicable the appointing

authorities shall consult with organizations devoted to protecting the

voting rights of minority and other voters concerning potential

appointees to the commission.

(d) Vacancies in the membership of the commission shall be filled

within thirty days in the manner provided for in the original

appointments.

(e) The legislature shall provide by law for the compensation of the

members of the independent redistricting commission, including

compensation for actual and necessary expenses incurred in the

performance of their duties.

(f) A minimum of five members of the independent redistricting

commission shall constitute a quorum for the transaction of any business

or the exercise of any power of such commission prior to the appointment

of the two commission members appointed pursuant to paragraph (5) of

subdivision (a) of this section, and a minimum of seven members shall

constitute a quorum after such members have been appointed, and no

exercise of any power of the independent redistricting commission shall

occur without the affirmative vote of at least a majority of the

members, provided that, in order to approve any redistricting plan and

implementing legislation, the following rules shall apply:

(1) In the event that the speaker of the assembly and the temporary

president of the senate are members of the same political party,

approval of a redistricting plan and implementing legislation by the

commission for submission to the legislature shall require the vote in

support of its approval by at least seven members including at least one

member appointed by each of the legislative leaders.

(2) In the event that the speaker of the assembly and the temporary

president of the senate are members of two different political parties,

approval of a redistricting plan by the commission for submission to the

legislature shall require the vote in support of its approval by at

least seven members including at least one member appointed by the

speaker of the assembly and one member appointed by the temporary

president of the senate.

(g) In the event that the commission is unable to obtain seven votes

to approve a redistricting plan on or before January first in the year

ending in two or as soon as practicable thereafter, the commission shall

submit to the legislature that redistricting plan and implementing

legislation that garnered the highest number of votes in support of its

approval by the commission with a record of the votes taken. In the

event that more than one plan received the same number of votes for

approval, and such number was higher than that for any other plan, then

the commission shall submit all plans that obtained such number of

votes. The legislature shall consider and vote upon such implementing

legislation in accordance with the voting rules set forth in subdivision

(b) of section four of this article.

(h) (1) The independent redistricting commission shall appoint two

co-executive directors by a majority vote of the commission in

accordance with the following procedure:

(i) In the event that the speaker of the assembly and the temporary

president of the senate are members of two different political parties,

the co-executive directors shall be approved by a majority of the

commission that includes at least one appointee by the speaker of the

assembly and at least one appointee by the temporary president of the

senate.

(ii) In the event that the speaker of the assembly and the temporary

president of the senate are members of the same political party, the

co-executive directors shall be approved by a majority of the commission

that includes at least one appointee by each of the legislative leaders.

(2) One of the co-executive directors shall be enrolled in the

political party with the highest number of enrolled members in the state

and one shall be enrolled in the political party with the second highest

number of enrolled members in the state. The co-executive directors

shall appoint such staff as are necessary to perform the commission's

duties, except that the commission shall review a staffing plan prepared

and provided by the co-executive directors which shall contain a list of

the various positions and the duties, qualifications, and salaries

associated with each position.

(3) In the event that the commission is unable to appoint one or both

of the co-executive directors within forty-five days of the

establishment of a quorum of seven commissioners, the following

procedure shall be followed:

(i) In the event that the speaker of the assembly and the temporary

president of the senate are members of two different political parties,

within ten days the speaker's appointees on the commission shall appoint

one co-executive director, and the temporary president's appointees on

the commission shall appoint the other co-executive director. Also

within ten days the minority leader of the assembly shall select a

co-deputy executive director, and the minority leader of the senate

shall select the other co-deputy executive director.

(ii) In the event that the speaker of the assembly and the temporary

president of the senate are members of the same political party, within

ten days the speaker's and temporary president's appointees on the

commission shall together appoint one co-executive director, and the two

minority leaders' appointees on the commission shall together appoint

the other co-executive director.

(4) In the event of a vacancy in the offices of co-executive director

or co-deputy executive director, the position shall be filled within ten

days of its occurrence by the same appointing authority or authorities

that appointed his or her predecessor.

(i) The state budget shall include necessary appropriations for the

expenses of the independent redistricting commission, provide for

compensation and reimbursement of expenses for the members and staff of

the commission, assign to the commission any additional duties that the

legislature may deem necessary to the performance of the duties

stipulated in this article, and require other agencies and officials of

the state of New York and its political subdivisions to provide such

information and assistance as the commission may require to perform its

duties.

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.

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.

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.

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.

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.

For any speech or debate in either house of the legislature, the

members shall not be questioned in any other place.

Any bill may originate in either house of the legislature, and

all bills passed by one house may be amended by the other.

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.

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.

For purposes of this section, a bill shall be deemed to be printed and

upon the desks of the members if: it is set forth in a legible

electronic format by electronic means, and it is available for review in

such format at the desks of the members. For purposes of this section

"electronic means" means any method of transmission of information

between computers or other machines designed for the purpose of sending

and receiving such transmissions and which: allows the recipient to

reproduce the information transmitted in a tangible medium of

expression; and does not permit additions, deletions or other changes to

be made without leaving an adequate record thereof.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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, provided that the

legislature may provide by law that such prisoners may voluntarily

perform work for nonprofit organizations. As used in this section, the

term "nonprofit organization" means an organization operated exclusively

for religious, charitable, or educational purposes, no part of the net

earnings of which inures to the benefit of any private shareholder or

individual. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 and his or her disability is certified by

the United States department of veterans affairs 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, except

where a member has been appointed or promoted from an eligible list on

which he or she was allowed additional credit for military service and

subsequent to such appointment he or she is disabled as provided in this

section, such member shall be entitled to ten points additional credit

less the number of points of additional credit allowed for the prior

appointment.

(a) 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.

(b) Notwithstanding subdivision (a) of this section, the public

pension of a public officer, as defined in paragraph (c) of this

section, who stands convicted of a felony for which such felony has a

direct and actual relationship to the performance of the public

officer's existing duties, may be reduced or revoked, following notice

and a hearing by an appropriate court, as provided by law. The court

determination whether to reduce or revoke such pension shall be based on

the consideration of factors including the severity of the crime and the

proportionality of a reduction or revocation of such pension to such

crime. When a court issues an order to reduce or revoke such pension,

the court shall consider and determine specific findings as to the

amount of such forfeiture, if any, and whether forfeiture, in whole or

in part, would result in undue hardship or other inequity upon any

dependent children, spouse or other dependents; and other factors as

provided by law. The legislature shall enact legislation to implement

this amendment taking into account interests of justice.

(c) For the purposes of paragraph (b) of this section, the term

"public officer" shall mean: (i) an official filling an elected office

within the state; (ii) a holder of office filled by direct appointment

by the governor of this state, either upon or without senate

confirmation; (iii) a county, city, town or village administrator,

manager or equivalent position; (iv) the head or heads of any state or

local government department, division, board, commission, bureau, public

benefit corporation, or public authority of this state who are vested

with authority, direction and control over such department, division,

board, commission, bureau, public benefit corporation or public

authority; (v) the chief fiscal officer or treasurer of any municipal

corporation or political subdivision of the state; (vi) a judge or

justice of the unified court system; and (vii) a legislative, executive,

or judicial employee of this state who directly assists in the

formulation of legislation, rules, regulations, policy, or judicial

decision-making and who is designated as a policymaker as set forth in

statute.

(d) Paragraph (b) of this section shall only apply to crimes committed

on or after the first of January next succeeding the date upon which the

people shall approve and ratify the amendment to the constitution that

added this paragraph.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 fifty 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Except as otherwise provided in this constitution, no county,

city, town or village 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 or village:

(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,

seven per centum;

(f) any town, for town purposes, seven per centum; and

(g) any village for village purposes, seven per centum.

Except as otherwise provided in this constitution, any indebtedness

contracted in excess of the respective limitations prescribed in this

section shall be void.

The average full valuation of taxable real estate of any such county,

city, town or village 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 or

village to contract indebtedness.

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 thirty-four, 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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

Dues from corporations shall be secured by such individual

liability of the corporators and other means as may be prescribed by

law.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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 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 Raquette 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.

Notwithstanding the foregoing provisions and subject to legislative

approval prior to actual transfer of title, because there is no viable

alternative to using forest preserve lands for the siting of drinking

water wells and necessary appurtenances and because such wells are

necessary to meet drinking water quality standards, the state may convey

to the town of Long Lake, Hamilton county, one acre of forest preserve

land within such town for public use as the site of such drinking water

wells and necessary appurtenances for the municipal water supply for the

hamlet of Raquette Lake. In exchange therefor, the town of Long Lake

shall convey to the state at least twelve acres of land located in

Hamilton county for incorporation into the forest preserve that the

legislature shall determine is at least equal in value to the land to be

conveyed by the state. The Raquette Lake surface reservoir shall be

abandoned as a drinking water supply source.

Notwithstanding the foregoing provisions and subject to legislative

approval prior to actual transfer of title, the state may convey to

National Grid up to six acres adjoining State Route 56 in St. Lawrence

County where it passes through Forest Preserve in Township 5, Lots 1, 2,

5 and 6 that is necessary and appropriate for National Grid to construct

a new 46kV power line and in exchange therefore National Grid shall

convey to the state for incorporation into the forest preserve at least

10 acres of forest land owned by National Grid in St. Lawrence county,

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 conveyed

by the state.

Notwithstanding the foregoing provisions, the legislature may

authorize the settlement, according to terms determined by the

legislature, of title disputes in township forty, Totten and Crossfield

purchase in the town of Long Lake, Hamilton county, to resolve

longstanding and competing claims of title between the state and private

parties in said township, provided that prior to, and as a condition of

such settlement, land purchased without the use of state-appropriated

funds, and suitable for incorporation in the forest preserve within the

Adirondack park, shall be conveyed to the state on the condition that

the legislature shall determine that the property to be conveyed to the

state shall provide a net benefit to the forest preserve as compared to

the township forty lands subject to such settlement.

Notwithstanding the foregoing provisions, the state may authorize NYCO

Minerals, Inc. to engage in mineral sampling operations, solely at its

expense, to determine the quantity and quality of wollastonite on

approximately 200 acres of forest preserve land contained in lot 8,

Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,

Inc. shall provide the data and information derived from such drilling

to the state for appraisal purposes. Subject to legislative approval of

the tracts to be exchanged prior to the actual transfer of title, the

state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in

exchange therefor, NYCO Minerals, Inc. shall convey to the state for

incorporation into the forest preserve not less than the same number of

acres of land, on condition that the legislature shall determine that

the lands to be received by the state are equal to or greater than the

value of the land to be conveyed by the state and on condition that the

assessed value of the land to be conveyed to the state shall total not

less than one million dollars. When NYCO Minerals, Inc. terminates all

mining operations on such lot 8 it shall remediate the site and convey

title to such lot back to the state of New York for inclusion in the

forest preserve. In the event that lot 8 is not conveyed to NYCO

Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc.

nevertheless shall convey to the state for incorporation into the forest

preserve not less than the same number of acres of land that is

disturbed by any mineral sampling operations conducted on said lot 8

pursuant to this paragraph on condition that the legislature shall

determine that the lands to be received by the state are equal to or

greater than the value of the lands disturbed by the mineral sampling

operations.

Notwithstanding the foregoing provisions and subject to legislative

approval prior to actual transfer of title, a total of no more than two

hundred fifty acres of forest preserve land shall be used for the

establishment of a health and safety land account. Where no viable

alternative exists and other criteria developed by the legislature are

satisfied, a town, village or county may apply, pursuant to a process

determined by the legislature, to the health and safety land account for

projects limited to: address bridge hazards or safety on county

highways, and town highways listed on the local highway inventory

maintained by the department of transportation, dedicated, and in

existence on January first, two thousand fifteen, and annually plowed

and regularly maintained; elimination of the hazards of dangerous curves

and grades on county highways, and town highways listed on the local

highway inventory maintained by the department of transportation,

dedicated, and in existence on January first, two thousand fifteen, and

annually plowed and regularly maintained; relocation and reconstruction

and maintenance of county highways, and town highways listed on the

local highway inventory maintained by the department of transportation,

dedicated, and in existence on January first, two thousand fifteen and

annually plowed and regularly maintained, provided further that no

single relocated portion of any such highway shall exceed one mile in

length; and water wells and necessary appurtenances when such wells are

necessary to meet drinking water quality standards and are located

within five hundred thirty feet of state highways, county highways, and

town highways listed on the local highway inventory maintained by the

department of transportation, dedicated, and in existence on January

first, two thousand fifteen, and annually plowed and regularly

maintained. As a condition of the creation of such health and safety

land account the state shall acquire two hundred fifty acres of land for

incorporation into the forest preserve, on condition that the

legislature shall approve such lands to be added to the forest preserve.

Notwithstanding the foregoing provisions, the construction, operation,

and maintenance to international standards for Nordic skiing and

biathlon trails that will accommodate global competitions, training, and

events, totaling not more than three hundred twenty-three acres of

trails and appurtenances thereto, is authorized on one thousand

thirty-nine acres of forest preserve lands at the Mount Van Hoevenberg

Olympic Sports Complex in the town of North Elba in Essex county, and as

an offset thereto the state must acquire for incorporation into the

forest preserve at least two thousand five hundred acres of forest land

for inclusion in the forest preserve in the Adirondack Park on condition

that the legislature shall determine that such lands are equal to or

greater in value.

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.

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.

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.

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.

Where state, county, or town highways listed on the local highway

inventory maintained by the department of transportation, dedicated and

in existence on January first, two thousand fifteen, and annually plowed

and regularly maintained, traverse forest preserve land, public utility

lines, limited to electric, telephone, broadband, water or sewer lines

as defined in law, may, consistent with standards and requirements set

forth in law, and following receipt of all permits or authorizations

required by law, be buried or co-located within the widths of such

highways as defined in law, and bicycle paths may, consistent with

standards and requirements set forth in law, and following receipt of

all permits or authorizations required by law, be constructed and

maintained within the widths of such highways, as defined in law;

provided, however, when no viable alternative exists and when necessary

to ensure public health and safety, a stabilization device for an

existing utility pole may be located in proximity to the width of the

road, as defined in law; provided further, that any co-location, burial,

maintenance or construction shall minimize the removal of trees or

vegetation and shall not include the construction of any new intrastate

natural gas or oil pipelines that have not received all necessary state

and local permits and authorizations as of June first, two thousand

sixteen.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Visitation and inspection as herein authorized, shall not be

exclusive of other visitation and inspection now or hereafter authorized

by law.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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".)

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.

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.