NEW YORK

CONSTITUTION OF THE 

STATE OF NEW YORK

As  Revised, with Amendments Adopted by the Constitutional Convention of

1938 and Approved by vote of the People on November 8, 1938.

As Amended and in Force January 1, 2002

We  The People of the State of New York, grateful to Almighty

God for our  Freedom,  in  order  to  secure  its  blessings,  DO

ESTABLISH THIS CONSTITUTION.

                                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 gener-

al law.

  S  2. Trial by jury in all cases in which it has heretofore been guar-

anteed 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 punisha-

ble 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.

  S  3.  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 incompe-

tent  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  prac-

tices inconsistent with the peace or safety of this state.

  S  4.  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.

  S 5. Excessive bail shall not be required nor excessive fines imposed,

nor  shall  cruel  and  unusual  punishments  be  inflicted,  nor  shall

witnesses be unreasonably detained.

  S  6.  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 hold-

ing 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.

  S  7.  (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.

  S  8.  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.

  S  9.  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  gambl-

ing,  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,  and 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, 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 majori-

ty of the qualified electors in such municipality voting on  a  proposi-

tion  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 opera-

tion 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 diver-

sion 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  legisla-

ture,  no  municipality shall have the power to pass local laws or ordi-

nances 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.

  S  11.  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, creed or religion, be subjected to any discrimination in  his  or

her  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.

  S  12.  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.

  S 14. 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  twenti-

eth  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  constitu-

tion, are hereby abrogated.

  S 16. 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.

  S  17.  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.

  S  18.  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 compen-

sation 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 compen-

sation, 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  represen-

tatives,  by  reason  of the enactment of any of the laws herein author-

ized, shall be held to be a proper charge in the cost of  operating  the

business of the employer.

                               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.

  S  2.  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 disabili-

ty, may vote and for the return and canvass of their votes.

  S 3. 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 with-

holding any such vote, or who shall make or become directly or indirect-

ly 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 with-

holding  a vote at such election, and has not made any promise to influ-

ence 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 infa-

mous crime.

  S  4.  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.

  S  5. Laws shall be made for ascertaining, by proper proofs, the citi-

zens 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.

  S  6.  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.

  S  7.  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.

  S  8.  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  offi-

cers  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.

  S 9. 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.

  S  2. 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.

  S  3. The senate districts described in section three of article three

of this constitution as adopted by the people on November  sixth,  eigh-

teen hundred ninety-four are hereby continued for all of the purposes of

future  reapportionments of senate districts pursuant to section four of

this article.

  S  4. Except as herein otherwise provided, the federal census taken in

the year nineteen hundred thirty and each federal census taken  decenni-

ally  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 assem-

bly districts next occurring, in so far as such  census  and  the  tabu-

lation  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 feder-

al  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 regu-

lar 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  subse-

quent  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. Such districts shall be so readjusted

or altered that each senate district shall contain as nearly as  may  be

an  equal  number of inhabitants, excluding aliens, and be in as compact

form as practicable, and shall remain unaltered until the first year  of

the  next  decade  as  above  defined, and shall at all times consist of

contiguous territory, and no county shall be divided in the formation of

a senate district except to make two or more senate districts wholly  in

such  county.  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; nor shall

any district 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 inhabit-

ants, 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 organ-

ized,  which  are  adjoining  counties,  or  which are separated only by

public waters, shall have more than one-half of all the senators.

  The ratio for apportioning senators shall always be obtained by divid-

ing  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 imme-

diately 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.

  S  5.  The members of the assembly shall be chosen by single districts

and shall be apportioned by the legislature 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 legisla-

ture 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 coun-

ty having a greater number of inhabitants, excluding aliens.

  The  assembly districts, including the present ones, as existing imme-

diately 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  supervi-

sors,  and in any city embracing an entire county and having no board of

supervisors, the common council, or if there be none, the body  exercis-

ing  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 inhabit-

ants, excluding aliens, as may be, of convenient and contiguous territo-

ry 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  enti-

tled,  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 appor-

tionment and districts shall remain unaltered until after the next reap-

portionment of members of assembly, except that the board of supervisors

of any county containing a town having more than a ratio  of  apportion-

ment  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  assem-

bly  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. No town, except a town having

more than a ratio of apportionment and one-half over, and no block in  a

city  inclosed by streets or public ways, shall be divided in the forma-

tion  of  assembly  districts, nor shall any districts contain a greater

excess in population over an  adjoining  district  in  the  same  senate

district,  than the population of a town or block therein adjoining such

assembly district. 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.

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 disposi-

tion of the same.

  S  5-a.  For the purpose of apportioning senate and assembly districts

pursuant to the foregoing provisions of this article, the term "inhabit-

ants, excluding aliens" shall mean the whole number of persons.

  S  6.  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 manag-

ers 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.

  S 7. 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 readjust-

ment or alteration of the senate or assembly  districts  becomes  effec-

tive,  a person, to be eligible to serve as such, must have been a resi-

dent 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.

  S  8.  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.

  S  9.  A  majority of each house shall constitute a quorum to do busi-

ness.  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.

  S  10.  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.

  S 11. For any speech or debate in either house of the legislature, the

members shall not be questioned in any other place.

  S  12.  Any bill may originate in either house of the legislature, and

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

  S  13.  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.

  S  14.  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 opin-

ion necessitate an immediate vote thereon, in which case it must  never-

theless  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.

  S  15.  No  private or local bill, which may be passed by the legisla-

ture, shall embrace more than one subject, and that shall  be  expressed

in the title.

  S  16.  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.

  S 17. 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, high-

ways 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.

  S  18.  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 extraor-

dinary occasions to act upon the subjects enumerated in such petition.

  S  19. 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.

  S  20.  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.

  S  21.  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.

  S  22.  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 constitu-

tion, 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.

  S 23. 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  neces-

sary to constitute a quorum therein.

  S  24.  The  legislature shall, by law, provide for the occupation and

employment of prisoners sentenced to the several state prisons, peniten-

tiaries, 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 occupa-

tion,  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.  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 poli-

tical division thereof.

  S  25.  Notwithstanding  any other provision of this constitution, the

legislature, in order to insure continuity of state  and  local  govern-

mental  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 lieu-

tenant-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 lieuten-

ant-governor respectively shall be elected.

  S 2. No person shall be eligible to the office of governor or lieuten-

ant-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  preced-

ing the election a resident of this state.

  S  3.  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 extraor-

dinary  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 legisla-

ture, 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  resi-

dence.

  S  4.  The  governor  shall  have the power to grant reprieves, commu-

tations 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.

  S  5.  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.

  S  6. 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-gov-

ernor, 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-gov-

ernor 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 presi-

dent  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 tempo-

rary 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.

  S 7. 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 origi-

nated, 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 adjourn-

ment. 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  state-

ment  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  recon-

sidered.  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.

  S  8.  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 meth-

ods  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 divi-

sion  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, except-

ing such as may be incidental to the performance of these functions, any

other provision of this constitution to the contrary notwithstanding.

  S  2.  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.

  S  3.  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 func-

tions. 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.

  S  4.  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 commis-

sions 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.

  S 6. 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 examina-

tion  for  promotion  or,  if  such  member  was  disabled in the actual

performance of duty in any war, is receiving disability payments  there-

for from the United States veterans administration, and his or her disa-

bility  is  certified  by  such administration 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 exam-

ination 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 grant-

ed 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.

  S  7.  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.

                               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 herein-

after  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  surro-

gate`s  court, the family court, the courts or court of civil and crimi-

nal 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.

  S  2.  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  offi-

cial  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  concur-

rence  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  jurisdic-

tion  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  experi-

ence  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 gover-

nor  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 respective-

ly  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 pres-

ident  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  appoint-

ment 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 quali-

fied 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  commis-

sion,  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 gover-

nor  shall  fill the vacancy by interim appointment upon the recommenda-

tion 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 appoint-

ment 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.

  S  3.  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 validi-

ty 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  deter-

mined 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  opin-

ion  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.

  S 4. 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 coun-

ties 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 chang-

ing 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  appel-

late  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 gover-

nor 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 desig-

nations shall cease.

  f. A majority of the justices designated to sit in any appellate divi-

sion 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 depart-

ment 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  appel-

late  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.

  S  5.  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 modi-

fy  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  author-

ized  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.

  S 6. 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, Madi-

son, 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 West-

chester. 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 thou-

sand, 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.

  S  7. 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 pros-

ecuted  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 fami-

ly  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.

  S  8.  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 jurisdic-

tion 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  jurisdic-

tion  to  hear  and determine appeals from the district court or a town,

village or city court outside the city of New York.

  S  9.  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.

  S 10. 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.

  S  11.  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  counter-

claim 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.

  S  12.  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 coun-

ty 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.

  S  13.  a.  The family court of the state of New York is hereby estab-

lished. 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 coun-

ties  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 exer-

cise 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.

  S 14. 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.

  S  15.  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 juris-

diction 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  twenty-five  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 with-

in  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 pros-

ecuted  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.

  S  16.  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  exclu-

sive 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.

  S 17. 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 juris-

diction, 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.

  S  18.  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.

  S  19.  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  adminis-

tration 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 trans-

ferred 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 surro-

gate`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 proceed-

ing 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.

  S 20. a. No person, other than one who holds such office at the effec-

tive  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  conven-

tion  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  legis-

lation  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 subdivi-

sion a  of  this  section,  shall  be  prescribed  by  the  legislature,

provided, however, that the legislature shall require a course of train-

ing 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.

  S  21.  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 jurisdic-

tion  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 coun-

ties  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.

  S  22. a. There shall be a commission on judicial conduct. The commis-

sion 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 respective-

ly 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  termi-

nate 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  sanc-

tion.

  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  retire-

ment,  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 deter-

mining 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 deter-

mining  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 consid-

ered  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  legisla-

ture  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 refer-

ences in this section to the court of appeals and the chief judge there-

of 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 jurisdic-

tion beyond the effective date of this section to conclude the  proceed-

ing.  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.

  S  23.  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.

  S  24. 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-gov-

ernor 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 affir-

mation 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.

  S  25.  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 fami-

ly court, a judge of a court for the city of New York established pursu-

ant 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 thir-

ty-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 divi-

sion. 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.

  S  26.  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 surro-

gate`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 coun-

ty  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 coun-

ty 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 arti-

cle.

  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 list-

ed  in  this section, and of judges of the city courts pursuant to para-

graph two of subdivision j of this section, shall be made by  the  chief

administrator of the courts in accordance with standards and administra-

tive policies established pursuant to section twenty-eight of this arti-

cle.

  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  juris-

diction  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  juris-

diction  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.

  S 27. 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.

  S  28.  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 divi-

sion 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 super-

vise  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 appli-

cation 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.

  S  29. a. The legislature shall provide for the allocation of the cost

of operating and maintaining the court of appeals, the  appellate  divi-

sion  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  subdivi-

sions.

  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 item-

ized 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.

  S  30. The legislature shall have the same power to alter and regulate

the jurisdiction and proceedings in law and in equity that it has  here-

tofore 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 legis-

lature 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 regu-

lations  by  individual  courts consistent with the general practice and

procedure as provided by statute or general rules.

  S  31.  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.

  S  32. 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 insti-

tution or agency governed by persons, or in the custody of a person,  of

the same religious persuasion as the child.

  S  33.  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.

  S  34.  a. The court of appeals, the appellate division of the supreme

court, the supreme court, the court of claims, the county court in coun-

ties 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 expi-

ration 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.

  S  35.  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 domes-

tic 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  trans-

ferred  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 termi-

nate 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 coun-

ties.

  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  abol-

ished 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 exer-

cised 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  cate-

gories  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 effec-

tive 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 judi-

cial department in which such court  was  located;  from  the  court  of

claims to the appellate division of the supreme court in the third judi-

cial department, except for those claims which arose in the fourth judi-

cial  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 appel-

late  term, if such appellate term be established. Further appeal from a

decision of a county court or an appellate term or the  appellate  divi-

sion  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.

  S 36. 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.

  S 36-a. 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 arti-

cle 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, provid-

ing  for the effectiveness of such amendments and the repeal of subdivi-

sion 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 ther-

eafter  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 expira-

tion 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.

  S  36-c.  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  amend-

ments  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.

  S  37.  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 depart-

ment  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.    Desig-

nated 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, certi-

fied 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 with-

out 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 commit-

tees of the legislature.

  S  2.  Annually,  on  or before the first day of February in each year

following the year fixed by the constitution for the election of  gover-

nor and lieutenant governor, and on or before the second Tuesday follow-

ing 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  suffi-

cient  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.

  S  3.  At  the  time  of  submitting the budget to the legislature the

governor shall submit a bill or bills containing all the proposed appro-

priations 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 ther-

eof, 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 appear-

ances and inquiries shall be provided by law.

  S  4. 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  appro-

priations  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.

  S  5.  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.

  S 6. 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 supple-

mental 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 appropri-

ation.

  S  7.  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  appropri-

ation,  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.

  S  8.  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 educa-

tional, 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  subdivi-

sions  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 subdi-

visions 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 legisla-

ture 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-pro-

fit corporations or for the purpose of guaranteeing loans made by  bank-

ing  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, rehabili-

tation  or improvement of former or existing industrial or manufacturing

plants, buildings to be used for research and development, other  eligi-

ble  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  employ-

ment 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.

  S  9.  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 obli-

gations shall with the interest thereon be paid from the proceeds of the

sale of such bonds within five years from the date of issue.

  S  10.  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.

  S  11. 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.

  S  12. 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 obli-

gations. Notwithstanding the foregoing, nothing contained in this subdi-

vision 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 proba-

ble life of the works or purposes for which such indebtedness is  to  be

contracted. The probable lives of such works or purposes shall be deter-

mined 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 main-

tained 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  contrib-

ution  date  and  amounts remaining in such funds after all of the obli-

gations 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 obli-

gations  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 paya-

ble 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.

  S  13.  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 legis-

lative appropriation shall be required for  disbursement  of  money,  or

income  earned  thereon, from such escrow funds for the purposes enumer-

ated 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,  install-

ments  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 contrib-

ution 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.

  S  14.  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  matu-

rity  and  payment thereof, shall apply to a state debt or debts created

pursuant to this section; except that the law authorizing the  contract-

ing  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 here-

tofore 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 thir-

ty-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 elimi-

nation, and (2) the amount of the net benefit to the company  or  compa-

nies  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 munici-

pality 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 thir-

ty-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 unob-

ligated  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.

  S  15.  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 contrib-

ution to each such fund for such year at least the  amount  thus  certi-

fied.

  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  accumu-

lations 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.

  S  16. 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 prin-

cipal, 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 comp-

troller 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  deter-

mined 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  comp-

troller has complied with the prescribed conditions of such covenant.

  S  17.  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.

  S  18.  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 resi-

dent 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.

  S  19.  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 expan-

sion 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 insti-

tutions of higher education approved and regulated by the state  univer-

sity  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  appor-

tioned  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 chil-

dren 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 mainte-

nance, 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.

  S  2. 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 proba-

ble usefulness, or average period of  probable  usefulness,  as  may  be

determined  by  such  governing body computed from the date such indebt-

edness 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 refund-

ing 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 seri-

al 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 fore-

going 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 require-

ments as the legislature shall impose by general or special law, indebt-

edness 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 reven-

ues, 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 certif-

icates 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 sink-

ing 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.

  S  2-a. 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 para-

graphs D and F of this section for a revenue producing  public  improve-

ment  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.

  S  3.  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 indebt-

edness hereafter contracted by such  corporation,  unless  such  indebt-

edness  would,  under  the  provisions  of  this article, be excluded if

contracted by such city, village or town.

  S  4.  Except  as  otherwise provided in this constitution, no county,

city, town, village or school district 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, village or school district:

  (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  inhab-

itants  according  to  the  latest  federal  census,  for city purposes,

excluding education purposes, seven per centum;

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

  (g) any village for village purposes, seven per centum; and

  (h) any school district which is coterminous with, or  partly  within,

or  wholly within, a city having less than one hundred twenty-five thou-

sand inhabitants according to the latest federal census,  for  education

purposes,  five  per centum; provided, however, that such limitation may

be increased in  relation  to  indebtedness  for  specified  objects  or

purposes  with (1) the approving vote of sixty per centum or more of the

duly qualified voters of such school district voting  on  a  proposition

therefor  submitted at a general or special election, (2) the consent of

The Regents of the University of the State  of  New  York  and  (3)  the

consent of the state comptroller. The legislature shall prescribe by law

the qualifications for voting at any such election.

  Except  as  otherwise  provided in this constitution, any indebtedness

contracted in excess of the respective limitations  prescribed  in  this

section shall be void.

  In  ascertaining  the  power  of any city having less than one hundred

twenty-five thousand inhabitants according to the latest federal  census

to  contract  indebtedness,  indebtedness  heretofore contracted by such

city for education purposes shall  be  excluded.  Such  indebtedness  so

excluded  shall  be  included  in  ascertaining  the  power  of a school

district which is coterminous with, or partly within, or wholly  within,

such  city  to contract indebtedness. The legislature shall prescribe by

law the manner by which the amount of such indebtedness shall be  deter-

mined  and  allocated  among such school districts. Such law may provide

that such determinations and allocations shall be conclusive if made  or

approved by the state comptroller.

  In  ascertaining  the  power  of  a  school district described in this

section to contract indebtedness, certificates  or  other  evidences  of

indebtedness  described  in  paragraph A of section five of this article

shall be excluded.

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

city, town, village or school district 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  constitu-

tion  to  further restrict the powers of any county, city, town, village

or school district to contract indebtedness.

  S  5.  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,  annu-

ally  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 oper-

ation 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  deduct-

ing  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  esti-

mated net revenue.

  Except  as  otherwise provided herein, the legislature shall prescribe

the method by which and the terms and conditions under which the propor-

tionate 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  indebt-

edness, 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  issu-

ing  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 thereaft-

er 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  four,  for  the

construction  or reconstruction of facilities for the conveyance, treat-

ment 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 indebt-

edness shall be excluded except in accordance with such determination.

  S 6. 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 ther-

ein assessing the same to be raised by assessment upon local property or

territory.

  S  7.  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 deter-

mining 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 indebt-

edness contracted to refund indebtedness excluded pursuant to this para-

graph, 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 tran-

sit  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 legisla-

ture 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.

  S  7-a.  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 exceed-

ing the sum of three hundred fifteen million dollars. Provision for  the

amortization of such indebtedness shall be made either by the establish-

ment  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 corpo-

rations, or to the holders of securities to which  such  acquired  rail-

roads, 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-exclud-

ed 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  here-

under,  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  determi-

nation  so  prescribed. The legislature may confer appropriate jurisdic-

tion on the appellate division of the supreme court in the  first  judi-

cial department for the purpose of determining the amount of any debt to

be so excluded.

  S  8.  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.

  S  9.  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.

  S  10.  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 indebt-

edness 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 inhab-

itants 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 assess-

ment 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  deter-

mined  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 constitu-

tion to further restrict the powers of any county, city,  town,  village

or school district to levy taxes on real estate.

  S  10-a.  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  improve-

ment or part thereof constructed to provide for the supply of water.

  S  11. (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 appro-

priation 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 redemp-

tion 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 thou-

sand 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.

  S  12.  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 coop-

eration 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  appoint-

ment  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 sepa-

rately. 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  refer-

endum  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 deter-

mination,  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 legisla-

ture 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  trans-

fers 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 govern-

ments; statute of local governments.

  S 2. (a) The legislature shall provide for the creation and  organiza-

tion  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 stat-

ute 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  legisla-

tive body of the county in their capacities as county officers.

  (2)  In the case of a city, town or village, the membership and compo-

sition 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.

  S  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 constitu-

tion, 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 govern-

ments 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.

  S  2.  Dues  from  corporations  shall  be  secured by such individual

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

law.

  S  3.  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 ther-

eto.  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.

  S  4. 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.

  S  5. 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  here-

after  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 p