This is ready to go. Amendments 18 though 79. JW 9.12.02 *** CSTART NY 08/25/1938 99/99/9999 *** *** MSTART 018 005.0 004.0 0 NY 1938 1949 *** Art. 4, Sec. 5. 5. In case the person elected governor shall die after his election but before he shall have qualified as and assumed the office of governor, the powers and duties of the office of governor shall devolve upon the person elected lieutenant-governor at the same election and he shall serve as governor for the term for which the deceased governor elect was elected- In case of the impeachment of the governor, or his removal from office, death, inability to discharge the powers and duties of the office, resignation or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state, in time of war, at the head of a military force thereof, he shall continue, commander-in-chief of all the military force of the state. Amended November 8, 1949. *** MEND *** *** MSTART 019 018.0 007.0 0 NY 1938 1949 *** Art. 7, Sec. 18. 18. The legislature may author by law the creation of a debt or debts of the state provide for the payment of a bonus to each male or 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 from December seventh, nineteen hundred forty-one and including, September second, nineteen hundred forty five, who was a resident of this state for a period 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 from December seventh, nineteen hundred forty-one 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. Any 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 op 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. Amended Nov. 8, 1949. *** MEND *** *** MSTART 020 023.0 006.0 0 NY 1938 1949 *** Art. 6, Sec. 23 23. The court of claims is continued and shall be a court of record. It shall consist of the six judges now authorized by law, but the legislature may increase such number. 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 judges now in office shall hold their offices until the expiration of their respective terms. The court shall have power to appoint and remove its clerk and such other employees as the legislature may provide for. The judges shall have the same qualifications and shall be subject to the same restrictions as justices of the supreme court. 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. The practice and procedure shall be that now or hereafter provided by law. Amended November 8, 1949. *** MEND *** *** MSTART 021 006.0 001.0 0 NY 1938 1949 *** Art. 1, Sec. 6 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, and in any trial in any court whatever the party accused shall be allowed to appear and def end 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. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself, providing, that any public officer who, upon being called before a grand jury to testify concerning, the conduct of his office or the performance of his official duties, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years, and shall be removed from office by the appropriate authority or shall forfeit his 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. Amended November 8, 1949. *** MEND *** *** MSTART 022 006.0 005.0 0 NY 1938 1949 *** Art. 5, Sec. 6 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 until January first, nineteen hundred fifty-one, any member of the armed forces of the United States who served therein in time of war, who is a citizen and resident of this state and was a resident at the time of his or her entrance into the armed forces of the United States and was honorably, discharged or released under honorable circumstances from such service, shall be entitled to the preferences granted by the provisions of former section six of this article, which shall continue in effect until such date, notwithstanding its repeal by the concurrent resolution of the senate and assembly adding this section, and provided, further, that on and after such date, any such member shall, in lieu of such preferences, be entitled to receive five points additional credit in a. competitive examination for original appointment and two and one half points additional credit in an examination for promotion or, if such member was disabled in the actual performance of duty in any war, is receiving disability payments therefor from the United States veterans administration, and his or her disability is certified by such administration to be in existence at the time of his or her application for appointment or promotion, he or she shall be entitled to receive ten points additional credit in a competitive examination for original appointment and five points additional credit in an examination for promotion. Such additional credit shall be added to th final earned rating of such member after he or she ha qualified in an examination and shall be granted only at the time of establishment of an eligible list, except that eligible lists in existence on January first, nineteen hundred fifty-one shall be revised by adding the applicable credits provided herein for such members of the armed forces. No such member shall receive the additional credit granted by this section after he has received one appointment, either original entrance or promotion, from an eligible list on which he was allowed the additional credit granted by this section. The legislature may provide by law for preference in retention of such members in case of the abolition or elimination of positions in the civil service. Laws shall be enacted to provide for the enforcement of this section. Former section 6 repealed and new section approved November 8, 1949. *** MEND *** *** MSTART 023 004.0 018.0 0 NY 1938 1949 *** Art. 18, Sec. 4 4. To effectuate any of the purposes of this article, the legislature may authorize any city, town or village to contract indebtedness to an amount which shall not exceed two per centum. of the average assessed valuation of the real estate of such city, town or village subject to taxation, as determined by the last completed assessment roll and the four preceding assessment rolls of such city, town or village, for city, town or village taxes prior to the contracting of such indebtedness. In ascertaining the power of a city, or village having a population of five thousand or more as determined by the last federal census, to contract indebtedness pursuant to this article there may be excluded any such indebtedness if the project or projects aided by guarantees representing such indebtedness or by loans for which such indebtedness was contracted shall have yielded during the preceding year net revenue to be determined annually by deducting from the gross revenues, including periodic subsidies therefor, received from such project or projects, all costs of operation, maintenance, repairs and replacements, and the interest on such indebtedness and the amounts required in such year for the payment of such indebtedness; provided that in the case of guarantees such interest and such amounts shall have been paid, and in the case of loans an amount equal to such interest and such amounts shall have been paid to such city or village. The legislature shall prescribe the method by which the amount of any such indebtedness to be excluded shall be determined, and no such indebtedness shall be excluded except in accordance with such determination. The legislature may confer appropriate jurisdiction on the appellate division of the supreme court in the judicial departments in which such cities or villages are located for the purpose of determining the amount of any such indebtedness to be so excluded. The liability of a city, town or village on account of any contract for capital or periodic subsidies to be paid subsequent to the then current year shall, for the purpose of ascertaining the power of such city, town or village to contract indebtedness, be deemed indebtedness in the amount of the commuted value of the total of such capital or periodic subsidies remaining unpaid, calculated on the basis of an annual interest rate of four per centum. Such periodic subsidies shall not be contracted for a period longer than the life of the projects assisted thereby, and in no event for more than sixty years. Indebtedness contracted pursuant to this article shall be excluded in ascertaining the power of a city or such village otherwise to create indebtedness under any other section of this constitution. Notwithstanding the foregoing the legislature shall not authorize any city or village having a population of five thousand or more to contract indebtedness hereunder in excess of the limitations prescribed by any other article of this constitution unless at the same time it shall by law require such city or village to levy annually a tax or taxes other than an ad valorem tax on real estate to the extent sufficient to provide for the payment of the principal of and interest on any such indebtedness. Everything herein contained, however, shall be construed to prevent such city or village from pledging its faith and credit for the payment of such principal and interest nor shall any such law prevent recourse to an ad valorem tax on real estate to the extent that revenue derived fro such other tax or taxes in any year, together with revenues from the project or projects aided by the proceeds of such indebtedness, shall become insufficient to provide fully for payment of such principal and interest in theat year. Amended November 8, 1949. *** MEND *** *** MSTART 024 002.0 008.0 0 NY 1938 1949 *** Art. 8, Sec. 2 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, to be determined by, or pursuant to general or special laws, which determination shall be conclusive, and in no event for longer than forty years. No indebtedness hereafter contracted or any portion thereof shall be refunded beyond such period computed from the date such indebtedness was contracted. Indebtedness heretofore contracted may be refunded only with the approval of and on terms and conditions prescribed by the state comptroller, but in no event for a period exceeding twenty years from the date of such refunding. No indebtedness shall be contracted by any county city, town, village or school district unless such county, city, town, village or school district shall have pledged its faith and credit for the payment of the principal thereof and the interest thereon. Except for indebtedness contracted in anticipation of the collection of taxes actually levied and uncollected or to be levied for the year when such indebtedness is contracted and indebtedness contracted to be paid in one of the two fiscal years immediately succeeding the fiscal year in which such indebtedness was contracted., all such indebtedness and each portion thereof from time to time contracted, including any refunding thereof, shall be paid in annual installments, the first of which, except in the case of refunding of indebtedness heretofore contracted, shall be paid not more than two years after such indebtedness or portion thereof shall have been contracted, and no installment, except in the case of refunding of indebtedness heretofore contracted, shall be more than fifty per centum in excess of the smallest prior installment. Notwithstanding the foregoing provisions, indebtedness contracted by the city of New York and each portion of any such indebtedness from time to time contracted for the supply of water, including the acquisition of land in connection with such purpose, may financed either by serial bonds with a maximum maturity of fifty years, in which case such indebtedness shall paid in annual installments as hereinbefore provided, of sinking fund bonds with a maximum maturity of fifty years, which shall be redeemed through annual contributions to sinking funds established and maintained for the purpose of amortizing the indebtedness for which such bonds are issued. Notwithstanding the foregoing provisions, indebtedness hereafter contracted by the city of New York and each portion of any such indebtedness from time to time so contracted for (a) the acquisition, construction or equipment of rapid transit railroads, (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 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. Provision 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 described in paragraph A of section five of this article and those issued in anticipation of the receipt of the proceeds of the sale of bonds theretofore authorized, contracted to be paid in such year out of the tax levy or other revenues applicable to a reduction thereof, and (c) the redemption of certificates or other evidence. of indebtedness issued in anticipation of the collection of taxes or other revenues, or renewals thereof, which are not retired within five years after their date of original issue. If at any time the respective appropriating authorities shall fall 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. Amended November 8, 1949. *** MEND *** *** MSTART 025 005.0 008.0 0 NY 1938 1949 *** Art. 8, Sec. 5 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 issued in any fiscal year in anticipation of (a) the collection of taxes on real estate for amounts the 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 contracted by any county, city, town or village for a public improvement or part thereof, or service, owned or rendered b 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. Such proportionate exclusion may be granted in the first year in which operation of such public improvement or part thereof, or service, is begun, provided, however that the amount of such proportionate exclusion shall not exceed seventy-five per centum of such net revenue. In such instance net revenue shall be determined by deducting from the estimate of gross revenues to be received for such year all estimated costs of operation, maintenance and repairs for such year. Except as otherwise provided herein, the legislature shall prescribe the method by which and the terms and conditions under which the proportionate amount of any such indebtedness to be so excluded shall be determined and no proportionate amount of such indebtedness shall be excluded except in accordance with such determination. The legislature may provide that the state comptroller shall make such determination or it may confer appropriate jurisdiction on the appellate division of the supreme court in the judicial departments in which such counties, cities, towns or villages are located for the purpose of determining the proportionate amount of any such indebtedness to be so excluded. The provisions of this paragraph C shall not affect or impair any existing exclusions of indebtedness, or the power to exclude indebtedness, granted by any other provision of this constitution. D. Serial bonds, issued by any county, city, town or village which now maintains a pension or retirement system or fund which is not on an actuarial reserve basis with current payments to the reserve adequate to provide for all current accruing liabilities. Such bonds shall not exceed in the aggregate an amount sufficient to provide for the payment of the liabilities of such system or fund, accrued on the date of issuing such bonds, both on account of pensioners on the pension roll on that date and prospective pensions to dependents of such pensioners and on account of prior service of active members of such system or fund on that date. Such bonds or the proceeds thereof shall be deposited in such system or fund. Each such pension or retirement system or fund thereafter shall be maintained on an actuarial reserve basis with current payments to the reserve adequate to provide for all current accruing liabilities. Paragraph C amended November 8, 1949. *** MEND *** *** MSTART 026 007.0 008.0 0 NY 1938 1949 *** Art. 8, Sec. 7 7. In ascertaining the power of the city of New York to contract indebtedness, in addition to the indebtedness excluded by section 5 of this article, there shall be excluded: A. Indebtedness (except for capital improvements) not exceeding one-tenth of one per centum of the average assessed valuation of real estate subject to taxation determined as prescribed in section four of this article, for which have been issued certificates or other evidences of indebtedness to be redeemed out of the tax levy for the year next succeeding the year of their issue. B. Indebtedness contracted prior to the first day of January, nineteen hundred ten, for dock purposes proportionately to the extent to which the current net revenues received by the city therefrom, shall meet the interest on and the annual requirements for the amortization of such indebtedness. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any such indebtedness to be so excluded shall be determined, and no such indebtedness shall be excluded except in accordance with. such determination. The legislature may confer appropriate jurisdiction on the appellate division of the supreme court in the first judicial department for the purpose of determining the amount of any such indebtedness to be so excluded. C. 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. D. 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 indebtedness contracted to refund indebtedness excluded pursuant to this paragraph, shall not be so excluded. Paragraph D added by amendment November 8, 1949. *** MEND *** *** MSTART 027 010.0 008.0 0 NY 1938 1949 *** Art. 8, Sec. 10 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 taxes levied in such year for the payment of the interest and redemption of certificates or other evidence of indebtedness described in paragraphs A and D of section five of this article, or renewals thereof, and certificates or other evidence 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: (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 of less than one hundred twenty-five thousand inhabitants according to the latest federal census, for city purposes, excluding education purposes, two per centum; (d) any village, for village purposes, excluding education purposes, two per centum; (e) any school district which is coterminous with or partly within or wholly within, a city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, for education purposes, one and one-quarter per centum; provided, however, that if the taxes subject to this limitation levied for any such school district for its first fiscal year beginning on or after July first, nineteen hundred forty-seven, were in excess of one and one-quarter per centum. but not greater than one and one-half per centum, then for such school district the limitation shall be one and one-half per centum; or if such taxes were in excess of one and one-half per centum but not greater than one and three. quarters per centum for such fiscal year, then for such school district the limitation shall be one and three quarters per centum; or if such taxes were in excess of one and three-quarters per centum. for such fiscal year, then for such school district the limitation shall be two per centum. The limitation herein imposed for any such school district may be increased by the approving vote of sixty per centum or more of the duly qualified voters of such school district voting on a proposition the submitted at a general or special election. Any such proposition shall provide only for an additional one quarter of one per centum in excess of the limitation applicable to such school district at the time of submission of such proposition. When such a proposition has been submitted and approved by the voters of the school district as herein provided, no proposition for a further increase in such limitation shall be submitted for a period of five years computed from the date of submission of the approved proposition. The legislature shall prescribe by law the qualifications for voting at any such election. In the event any such school district shall be consolidated with any one or more school districts, legislature shall prescribe a limitation, not exceeding two per centum, for such consolidated district. Thereafter, such limitation may be increased as provided in this sub-paragraph (e). In no event shall the limitation for any school district or consolidated school district described in this sub-paragraph (e) exceed two per centum. The average full valuation of taxable real estate such county, city, village or school district shal determined by taking the assessed valuations of taxable real estate on the last completed assessment rolls and the four preceding rolls of such county, city, village or school district, and applying thereto the ratio which such assessed valuation on each of such rolls bears to the full valuation, as determined by the state tax commission or by such other state officer or agency as the legislature shall by law direct. The legislature shall prescribe the manner by which such ratio shall be determined by the state tax commission or by such other state officer or agency. Nothing contained in this section shall be deemed to restrict the powers granted to the legislature by other provisions of this constitution to further restrict the powers of any county, city, town, village or school district to levy taxes on real estate. Amended by vote of the people November 8, 1949. *** MEND *** *** MSTART 028 010.A 008.0 0 NY 1938 1949 *** Art. 8, Sec. 10-a 10-a. The revenues received in each fiscal year by any county, city, town or village from a public improvement or part thereof, or service, owned or rendered by such county, city, town or village for which bonds or capital notes are issued after January first, nineteen hundred fifty, shall be applied solely to the payment of all costs of operation, maintenance and repairs thereof, and then applied 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. Any revenues remaining after paying such requirements for such fiscal year may be used for any lawful county, city, town or village purpose, respectively. The provisions of this section shall not be applicable to a public improvement or part thereof constructed to provide for the supply of water. New. Added November 8, 1949. *** MEND *** *** MSTART 029 011.0 008.0 0 NY 1938 1949 *** Art. 8, Sec. 11 11. Whenever any county, city, village or any school district which is coterminous with or partly within, or wholly within, a city having less than one hundred twenty-five thousand inhabitants according, to the latest federal census, is required by law to pay for all or any part of the cost of capital improvements by direct budgetary appropriation in any fiscal year or by the issuance of certificates or other evidence of indebtedness (except serial bonds of an issue having a maximum maturity of more than two years) to be redeemed in one of the two immediately succeeding fiscal years, taxes required for such appropriation or for the redemption of such certificates or other evidence of indebtedness may be excluded in whole or in part by such county, city, village or school district from the tax limitation prescribed by section ten of this article, in which event the total amount so required for such appropriation and for the redemption of such certificates or other evidence of indebtedness shall be deemed to be indebtedness to the same extent and in the same manner as if such amount had been financed through indebtedness payable in equal annual installments over the period of the probable usefulness of such capital improvement, as determined by law. The fiscal officer of any such county, city, village or school district shall determine the amount to be deemed indebtedness pursuant to this section, and the legislature may, in its discretion, provide that such determination, if approved by the state comptroller, shall be conclusive Amended November 8, 1949. *** MEND *** *** MSTART 030 001.0 002.0 0 NY 1938 1951 *** Art. 2, Sec. 1 1. Every citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this state for one year next preceding an election, and for the last four months a resident of the county, city, or village and for the last thirty days a resident of the election district in which he or she may offer his or her vote, shall be entitled to vote at such election in the election district of which he or she shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided however that. no elector in the actual military service of the state, or of the United States, in the army, navy, air force or any branch thereof, or in the coast guard, or the spouse, parent or child of such elector accompanying or being with him or her, if a qualified voter and a resident of the same election district, shall be deprived of his or her vote by reason of his or her absence from such election district, and the legislature shall provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes and provided, further, that in any election district in which registration is not required to be personal, no elector who is registered and otherwise qualified to vote at an election, shall be deprived of his or her right to vote by reason of his or her removal from one election district to another election district in the same county within the thirty days next preceding the election at which lie or she seeks to vote, and every such elector shall be entitled to vote at such election in the election district from which he or she has so removed. Notwithstanding the foregoing provisions, after January first, one thousand nine hundred twenty-two, no person shall become entitled to vote by attaining majority, by naturalization or otherwise, unless such person is also able, except for physical disability, to read and write English. Amended Nov. 6, 1951. *** MEND *** *** MSTART 031 005.0 002.0 0 NY 1938 1951 *** Art. 2, Sec. 5 5. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters; but voters in the actual military service of the state, or of the United States, in the army, navy, air force or any branch thereof, or in the coast guard, or an inmate of a veterans' bureau hospital located out- side the state of New York, and a spouse, parent or child of such voter in the actual military service or of such inmate, accompanying or being with him or her, if a qualified voter and a resident of the same election district, shall not be required to register personally, and an application for an absentee ballot shall constitute personal registration whenever such registration is required. The number of such inhabitants shall be determined according to the latest census or enumeration, federal or state, showing the population of the city or village, except that the federal census shall be controlling unless such state enumeration, if any, shall have been taken and returned two or more years after the return of the preceding federal census. Amended November 6, 1951. *** MEND *** *** MSTART 032 008.0 007.0 0 NY 1938 1951 *** Art. 7, Sec. 8. 8. The money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking, but the foregoing, provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational purposes. Subject to the limitations on indebtedness and taxation, nothing in this constitution contained shall prevent the legislature from providing for the aid, care and support of the needy directly or through subdivisions of the state; or for the protection by insurance or otherwise, against the hazards of unemployment, sickness and old age; or for the education and support of the blind, the deaf, the dumb, the physically handicapped and juvenile delinquents as it may deem proper; or for health and welfare services for all children, either directly or through subdivisions of the state, including school districts; or for the aid, care and support of neglected and dependent children and of the needy sick, through agencies and institutions authorized by the state board of social welfare or other state department having the power of inspection thereof, by payments made on a per capita basis directly or through the subdivisions of the state; or for the increase in the amount of pensions of any member of a retirement system of the state, or of a subdivision of the state. The enumeration of legislative powers in this paragraph shall not be taken to diminish any power of the legislature hitherto existing. Amended November 6, 1951. *** MEND *** *** MSTART 932 006.0 010.0 0 NY 1938 1951 *** Art. 10, Sec. 6 6. Notwithstanding any provision of this or any other article of this constitution, the legislature may by law, which shall take effect without submission to the people: (a) make or authorize making the state liable for the payment of the principal of and interest on bonds of a public corporation created to construct state thruways, in a principal amount not to exceed five hundred million dollars, maturing in not to exceed forty years after their respective dates, and for the payment of the principal of and interest on notes of such corporation issued in anticipation of such bonds, which notes and any renewals thereof shall mature within five years after the respective dates of such notes; and (b) authorize the use of any state canal lands and properties by such a public corporation for so long as the law may provide. To the extent payment is not otherwise made or provided for, the provisions of section sixteen of article seven shall apply to the liability of the state incurred pursuant to this section but the powers conferred by this section shall not be subject to the limitations of this or any other article. New. Added November 6, 1951. *** MEND *** *** MSTART 033 007.0 006.0 0 NY 1938 1951 *** Art. 6, Sec. 7 7. 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. 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 all action or special proceeding where the only question involved oil the appeal is the validity of a statutory provision of the state or of the United States under the constitution of the state or of the United States; and on any such appeal only the constitutional question shall be considered and determined by the court. (3) As of right, from an order of the appellate division granting a new trial in an action or a new hearing in a special proceeding where the appellant stipulates that, upon affirmance, judgment absolute or final order shall be rendered against him. (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 by 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 subdivision (1) of this section 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 originally commenced in any court other than the supreme court, a county court, a surrogate's court, or the court of claims unless the construction of the constitution of the state or of the United States is directly involved therein, or unless the appellate division of the supreme court shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals. (8) The legislature may abolish an appeal to the court of appeals as of right in any or all of the cases or classes of cases specified in subdivision (1) of this section 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 subdivision (6) of this section. Amended Nov. 6, 1951. New subdivision (5) inserted. Subsequent subdivisions renumbered. *** MEND *** *** MSTART 034 004.0 008.0 0 NY 1938 1951 *** Art. 8, Sec. 4 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 inhabitants 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 thousand inhabitants according to the latest federal census, for education purposes, five per centuni; 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 therefore submitted at a aeneral 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 determined 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 constitution to further restrict the powers of any county, city, town, villaffe or school district to contract indebtedness. New. Amended November 6, 1951. *** MEND *** *** MSTART 035 005.0 008.0 0 NY 1938 1951 *** Art. 8, Sec. 5 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 issued in any fiscal year in anticipation of (a) the collection of taxes on real estate for amounts theretofore actually levied and uncollected or to be levied in such year and payable out of such taxes, (b) moneys receivable from the state which have theretofore been apportioned by the state or which are to be so apportioned within one year after their issue and (c) the collection of any other taxes due and payable or to become due and payable within one year or of other revenues to be received within one year after their issue; excepting any such certificates or other evidences of indebtedness or renewals thereof which are not retired within five years after their date of original issue. B. Indebtedness heretofore or hereafter contracted to provide for the supply of water. C. Indebtedness heretofore or hereafter contracted by any county, city, town or village for a public improvement or part thereof, or service, owned or rendered by such county, city, town or village, annually proportionately to the extent that the same shall have yielded to such county, city, town or villa-e 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 redemp- tion of such indebtedness, or such revenues are deposited in a special fund to be used solely for such payments. Any revenues remaining after such payments are made may be used for any lawful purpose of such county, city, town or village respectively. Net revenue shall be determined by deducting from gross revenues of the preceding year all costs of operation, maintenance and repairs for such year, or the legislature may provide that net revenue shall be determined by deducting from the average of the gross revenues of not to exceed five of the preceding years during which the public improvement or part thereof, or service, has been in operation, the average of all costs of operation, maintenance and repairs for the same years. A proportionate exclusion of indebtedness contracted or proposed to be contracted also may be granted for the period from the date when such indebtedness is first contracted or to be contracted for such public improvement or part thereof, or service, through the first year of operation of such public improvement or part thereof, or service. Such exclusion shall be computed in the manner provided in this section on the basis of estimated net revenue which shall be determined by deducting from the gross revenues estimated to be received during the first year of operation of such public improvement or part thereof, or service, all estimated costs of operation, maintenance and repairs for such year. The amount of any such proportionate exclusion shall not exceed seventy-five per centum of the amount which would be excluded if the computation were made on the basis of net revenue instead of estimated net revenue. Except as otherwise provided herein, the legislature shall prescribe the method by which and the terms and conditions under which the proportionate amount of any such indebtedness to be so excluded shall be determined and no proportionate amount of such indebtedness shall be excluded except in accordance with such determination. The legislature may provide that the state comptroller shall make such determination or it may confer appropriate jurisdiction on the appellate division of the supreme court in the judicial departments in which such counties, cities, towns or villages are located for the purpose of determining the proportionate amount of any such indebtedness to be so excluded. The provisions of this paragraph C shall not affect or impair any existing exclusions of indebtedness, or the power to exclude indebtedness, granted by any other provision of this constitution. D. Serial bonds, issued by any county, city, town or village which now maintains a pension or retirement system or fund which is not on an actuarial reserve basis with current payments to the reserve adequate to provide for all current accruing liabilities. Such bonds shall not exceed in the aggregate an amount sufficient to provide for the payment of the liabilities of such system or fund, accrued on the date of issuing such bonds, both on account of pensioners on the pension roll on that date and prospective pensions to dependents of such pensioners and on account of prior service of active members of such system or fund on that date. Such bonds or the proceeds thereof shall be deposited in such system or fund. Each such pension or retirement system or fund thereafter shall be maintained on an actuarial reserve basis with current payments to the reserve adequate to provide for all current accruing liabilities. Amended November 6, 1951. *** MEND *** *** MSTART 036 007.0 008.0 0 NY 1938 1951 *** Art. 8, Sec. 7 7. In ascertaining the power of the city of New York to contract indebtedness, in addition to the indebtedness excluded by section 5 of this article, there shall be excluded: A. Indebtedness (except for capital improvements) not exceeding one-tenth of one per centum of the average assessed valuation of real estate subject to taxation determined as prescribed in section four of this article, for which have been issued certificates or other evidences of indebtedness to be redeemed out or the tax levy for the year next succeeding the year of their issue. B. Indebtedness contracted prior to the first day of January, nineteen hundred ten, for dock purposes proportionately to the extent to which the current net revenues received by the city therefrom shall meet the interest on and the annual requirements for the amortization of such indebtedness. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any such indebtedness to be so excluded shall be determined, and no such indebtedness shall be excluded except in accordance with such determination. The legislature may confer appropriate jurisdiction on the appellate division of the supreme court in the first judicial department for the purpose of determining the amount of any such indebtedness to be so excluded. C. 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. D. The aggregate of indebtedness initially contracted from time to time after January first, nineteen hundred fifty, for the construction, reconstruction and equipment of city hospitals, not, exceeding the sum of one hundred fifty million dollars. Any indebtedness thereafter contracted in excess of such sum for such purposes, other than indebtedness contracted to refund indebtedness excluded pursuant to this paragraph, shall not be so excluded. E. The aggregate of indebtedness initially contracted from tinie to time after January first, nineteen hundred fifty-two, for the construction and equipment of new rapid transit railroads, including extensions of and interconnections with and between existing rapid transit railroads or portions thereof, and reconstruction and equipment of existing rapid transit railroads, not ex- ceeding 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. F. Indebtedness contracted for school purposes, evidenced by bonds, to the extent to which state aid for common schools, not exceeding two million five hundred thousand dollars, shall meet the interest and the annual requirements for the amortization and payment of part or all of one or more issues of such bonds. Such exclusion shall be effective only during a fiscal year of the city in which its expense budget provides for the payment of such debt service from such state aid. The legislature shall prescribe by law the manner by which the amount of any such exclusion shall be determined and such indebtedness shall not be excluded hereunder except in accordance with the determinations so prescribed. Such law may provide that any such determination shall be conclusive if made or approved by the state comptroller. Amended November 6, 1951. Paragraphs E and F added. *** MEND *** *** MSTART 037 011.0 008.0 0 NY 1938 1951 *** Art. 8, Sec. 11 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 appropriation or for the redemption of such certificates or other evidence of indebtedness may be excluded in whole or in, part by such city from the tax limitation prescribed by section ten of this article in which event the total amount so required for such appropriation and for the redemption of such certificates, or other evidence of indebtedness shall be deemed to be indebtedness to the same extent and in the same manner as if such amount had been financed through indebtedness payable in equal annual installments over the period of the probable usefulness of such capital improvement, as determined by law. The fiscal officer of such city shall determine the amount to be deemed indebtedness pursuant to this section, and the legislature, in its discretion, may provide that such determination, if approved by the state comptroller, shall be conclusive. Any amounts determined to be deemed indebtedness of any county, city, other than the city of New York, village or school district in accordance with the provisions of this section as in force and effect prior to January first, nineteen hundred fifty-two, shall not be deemed to be indebtedness on and after such date. (b) Whenever any county, city, other than the city of New York, village or school district which is coterminous with, or partly within, or wholly within, a city having less than one hundred twenty-five thousand inhabitants according to the latest federal census provides by direct budgetary appropriation for any fiscal year for the payment in such fiscal year or in any future fiscal year or years of all or any part of the cost of an object or purpose for which a period of probable usefulness has been determined by law, the taxes required for such appropriation shall be excluded from the tax limitation prescribed by section ten of this article unless the legislature otherwise provides. Amended November 6, 1951. *** MEND *** *** MSTART 038 015.0 006.0 0 NY 1938 1951 *** Art. 6, Sec. 15. 15. The city court of the city of New York is continued with its present jurisdiction and power, including original jurisdiction concurrent with the supreme court in actions for the recovery of money only in which the complaint demands judgment for a sum not exceeding six thousand dollars, and interest, and in actions of replevin, foreclosure of mechanic's liens and liens on personal property where the property involved does not exceed in value the sum of six thousand dollars. Its jurisdiction to enter judgment upon a counterclaim shall be unlimited. It shall consist of the justices now in office and their successors who shall be elected for terms of ten years in the counties in which a vacancy shall occur or in which a term shall be about to expire. The legislature may increase the number of justices and provide for their election in specified counties. The justices shall receive from the city of New York such compensation as may be fixed by law. The justices of the city court of the city of New York shall choose one of their number to be the presiding justice thereof, who shall act as such during his term of office, and who shall be charged with the general administration of the court and the assignment of the justices to hold the terms thereof, subject to such regulations as the presiding justices of the appellate divisions of the supreme court in the first and second departments shall from time to time prescribe. The justices of said city court shall have power to appoint and remove a chief clerk of the court, and one or more deputy clerks in each county, who shall keep their respective office or offices at a place or places to be designated by the court, and whose duties shall be regulated and supervised by the presiding justice of the court. The presiding justice of the court shall make such rules and regulations respecting the clerk's offices, the assignment of secretaries to the justices, court clerks, stenographers, interpreters and other attendants and the distribution of the business of the court in the said several counties as from time to time may be expedient, subject to such general regulations as the presiding justices of the appellate divisions of the first and second departments shall from time to time prescribe. Appeals from the city court of the city of New York shall be taken to the appellate term for the appropriate department or otherwise as may be prescribed by law. Amended November 6, 1951. *** MEND *** *** MSTART 039 019.0 006.0 0 NY 1938 1951 *** Art. 6, Sec. 19 19. All judges, justices and surrogates shall receive for their services such compensation as is now or may hereafter be established by law, provided only that such compensation shall not be diminished during their respective terms of office. Except as in this article provided, all judicial officers shall be elected or appointed at such times and in such manner as the legislature may direct. No one shall be eligible to the office of judge of the court of appeals, justice of the supreme court, surrogate, or judge of any other court of record who is not an attorney and counselor of this state except in the county of Hamilton as to the office of county judge or surrogate. No judge or justice shall sit in any appellate court in review of a decision made by him or by any court of which lie was at the time a sitting member. No person shall hold the office of judge or justice of any court or the office of surrogate longer than until and including the last day of December next after he shall be seventy years of age. The judges of the court of appeals and the justices of the, supreme court shall not hold any other public office or trust, except that they shall be eligible to serve as members of a constitutional convention and to serve in any capacity in the armed forces of the United States of America and the state of New York in which latter event the legislature may enact such legislation as it deems appropriate to provide for temporary judges or justices to serve during, the period of the absence of the duly elected judges or justices in the armed forces. All votes for any such judges or justices for any other than a judicial office or as a member of a constitutional convention, given by the legislature or the people, shall be void. No judicial officer except justices of the peace, shall receive to his own use any fees or perquisites of Office. A judge of the court of appeals, a justice of the supreme court, a judge of the court of general sessions of the county of New York, a justice of the city court of the city of New York, and a county judge or surrogate elected in a county having a population exceeding one hundred and twenty thousand, shall not practice as an attorney or counselor in any court of record in this state nor act as referee in any action or proceeding. The legislature may impose a similar prohibition upon county judges or surrogates in other counties. No district attorney or assistant to or deputy of a district attorney shall appear or act as attorney or counselor for the defendant in any criminal case or proceeding in any court of the state, nor shall any county judge, special county judge, surrogate, or special surrogate appear or act as counselor for a defendant in any criminal case or proceeding pending in his own county or in any adjacent county. Amended November 6, 1951. *** MEND *** *** MSTART 040 001.0 006.0 0 NY 1938 1953 *** Art. 6, Sec. 1 1. The supreme court is continued with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of appeals as now is hereafter may be prescribed by law not inconsistent with this article. The existing judicial districts of the state are continued until changed as hereinafter provided. The supreme court shall consist of the justices now in office and their successors, together with such additional justices as may be authorized by law. The suc- cessors of said justices shall be chosen by the electors of their respective judicial districts. The legislature may alter the judicial districts once after every federal census or state enumeration, each district being bounded by county lines and thereupon re-apportion the justices to be thereafter elected in the districts so altered. The legislature may from time to time increase the number of justices in any judicial district, except the number of justices in any district shall not be increased to exceed one justice for each sixty thousand, or fraction over thirty-five thousand, of the population thereof as shown by the last federal census or state enumeration but this shall not affect in any manner the provisions made in this article f or temporary assignment of a judge or justice of another court to sit in the supreme court. Any justice of the supreme court, except as otherwise provided in this article, may perform the duties of his office or hold court in any county. Amended November 3, 1953. *** MEND *** *** MSTART 041 002.0 006.0 0 NY 1938 1953 *** Art. 6, Sec. 2. 2. The division of the state into four judicial departments is continued as now constituted by law. Once every ten years, the legislature may alter the boundaries of the judicial departments, but without increasing the number thereof, and each department shall be bounded by the lines of judicial districts. 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. The governor shall designate the presiding justice of each appellate division, who shall act as such during his 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. 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. He may also, on request of any appellate division, make temporary designations in case of tbe absence or inability to act of any justice in such appellate division, for service only during such absence or inability to act. 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 shall designate an additional justice or additional justices; but when the need for such additional justice or justices shall no longer exist, the appellate division shall so certify to the governor, and thereupon service under such designation or designations shall cease. A majority of the justices designated to sit in any appellate division shall at all times be residents of the department. 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. The several appellate divisions, except as hereinafter provided, shall have and exercise such original or appellate jurisdiction as is now or may hereafter be prescrilbed by law. Each appellate division shall have power to appoint and remove its clerk and attendants. No justice of the appellate division shall, within the department to which he may be designated to perform the duties of an appellate justice, exercise any of the powers of a justice of the sugreme court, other than those of a justice out of court, and those pertaining to the appellate division, except that he 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 is desianated, 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. The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms of the supreme court held therein and to assign the justices in the departments to hold such terms; or to make rules therefor. A county judge of the counties of Bronx, Kings, Queens or Richmond, or a judge of the court of general sessions of the county of New York or a justice of the city court of the city of New York, may be assigned temporarily, without change in his compensation, to hold a trial or special term of the supreme court in any county within the city of New York upon an order of a majority of the justices of the appellate division in the judicial department to which the assignment is made, if in their opinion there is need for the assignment and there is no likelihood of serious prejudice to the court from which the judge or justice is assigned. No temporary assignment of any judge or justice for service outside his judicial department shall be made unless a majority of the justices of the appellate division in his judicial department consent thereto. A judge or justice while temporarily assigned shall have the powers, duties and jurisdiction of a justice of the supreme court. Amended November 3, 1953. *** MEND *** *** MSTART 042 014.A 006.0 0 NY 1938 1953 *** Art. 6, Sec. 14-a 14-a. A justice of the court of special sessions of the city of New York may be assigned temporarily, without change in his compensation, to hold a trial or special term of any county court within the city of New York or of the court of general sessions of the county of New York upon an order of a majority of the justices of the appellate division in the judicial department to which the assignment is made, if in their opinion there is need for the assignment and there is no likelihood of serious prejudice to the court from which the justice is assigned. No temporary assignment of any justice for service outside his judicial department shall be made unless a Majority of the justices of the appellate division in his department consent thereto. A justice while temporarily assigned shall have the powers, duties and jurisdiction of a judge of the court to which he is assigned. No temporary assignment of any justice for service outside his court shall affect his existing office or create a vacancy therein. New. Adopted November 3, 1953. *** MEND *** *** MSTART 043 015.A 006.0 0 NY 1938 1953 *** Art. 6, Sec. 15-a 15-a. A justice of the court of special sessions of the city of New York or a justice of the municipal court of the city of New York may be assigned temporarily, without change in his compensation, to hold a trial or special term of the city court of the city of New York in any county upon an order of a majority of the justices of the appellate division in the judicial department to which the assignment is made, if in their opinion there is need f or the assignment and there is no likelihood of serious prejudice to the court from which the justice is assigned. No temporary assignment of any justice for service outside his judicial department shall be made unless a majority of the justices of the appellate division in his department consent thereto. A justice while temporarily assigned shall have the powers, duties and jurisdiction of a justice of the city court. No temporary assignment of any justice for service outside his court shall affect his existing office or create a vacancy therein. New. Adopted November 3, 1953. *** MEND *** *** MSTART 044 016.0 006.0 0 NY 1938 1953 *** Art. 6, Sec. 16 16. Vacancies occurring in the office of county judge, special county judge, surrogate, special surrogate, judge of the court of general sessions of the county of New York, or justice of the city court of the city of New York, shall be filled by appointment by the governor by and with the advice and consent of the senate if in session, or if not in session, by the governor. Such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled. No temporary assignment of any judge or justice for service outside his court shall affect his existing, office or create a vacancy therein. Amended November 3, 1953. *** MEND *** *** MSTART 045 011.0 006.0 0 NY 1938 1953 *** Art. 6, Sec. 11 The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In the county of Kings there shall be five county judges and in the county of Bronx two county judges. The number of county judges in any county may also be increased, from time to time, by the legislature, to such number that the total number of county judges in any one county shall not exceed one for every two hundred thousand, or major fraction thereof, of the population of such county. The additional county judges whose offices may be created by the legislature shall be chosen at the general election held in the first odd-numbered year after the creation of such office. All county judges, including successors to existing judges, shall be chosen by the electors of the counties for the term of six years from and including the first day of January following their election except that in counties within the city of New York the term shall be fourteen years. County courts in counties outside the city of New York shall have the powers and jurisdiction now prescribed by law, and also original jurisdiction in actions for the recovery of money only, where all the defendants reside in the county and in which the complaint demands judgment for a sum not exceeding six thousand dollars; but, if, in any action brought in said court, a counterclaim for more than six thousand dollars shall be interposed, the supreme court, on the application of either party made in the judicial district embracing the county, may remove the cause to the supreme court, whereupon such action shall proceed and be heard as if originally brought therein. The legislature may hereafter enlarge or restrict the jurisdiction of the county courts provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only in which (1) the sum demanded exceeds six thousand dollars or (2) in which any person not a resident of the county is a defendant, unless such defendant have an office for the transaction of business within the county and the cause of action arose therein. The county courts of the counties of Kings, Bronx, Queens and Richmond shall be vested with jurisdiction only in criminal prosecutions or proceedings as now or hereafter provided by law. County judges shall perform such duties as may be prescribed by law, and their compensation, as established by law, shall be payable out of the county treasury. A county judge of any county outside the city of New York may hold the county court in any other county when requested by the county judge of such other county; and, in case of the death, absence, or incapacity of a county judge, in a county having no special county judge then able to serve, the governor may designate a county judge of another county to hold the county court during such vacancy, absence, or inability to act. Amended by vote of the people November 3, 1953. *** MEND *** *** MSTART 046 001.0 004.0 0 NY 1938 1953 *** Art. 4, Sec. 1 1. The executive power shall be vested in the governor, who shall hold his office for four years; the lieutenant-governor shall be chosen at the same time, and for the same term. The governor and lieutenant-governor shall be chosen at the general election held in the year nineteen hundred thirty-eight, and each fourth year thereafter. They shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices, and the legislature by law shall provide for making such choice in such manner. The respective persons having the highest number of votes cast jointly for them for governor and lieutenant governor respectively shall be elected. Amended by November 3, 1953. *** MEND *** *** MSTART 047 001.0 005.0 0 NY 1938 1953 *** Art. 5, Sec. 1 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 ail attorney- general shall be had except at the time of electing a governor. The comptroller shall be required: (1) To audit all vouchers before payment and all official accounts; (2) to audit the accrual and collection of all revenues and receipts; and (3) to prescribe such methods of accounting as are necessary for the performance of the foregoing duties. The payment of any money of the state, or of any money under its control, or the refund of any money paid to the state, except upon audit by the comptroller, shall be void, and may be restrained upon the suit of any taxpayer with the consent of the supreme court in appellate division on notice to the attorney-general. In such respect the legislature shall define his powers and duties and may also assign to him supervision of the accounts of any political subdivision of the state, but shall assign to him no administrative duties, excepting such as may be incidental to the performance of these functions any other provision of this constitution to the contrary notwithstanding. Amended November 3, 1953. *** MEND *** *** MSTART 048 002.A 008.0 0 NY 1938 1953 *** Art. 8, Sec. 2-a 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. Indebtedness contracted by a county, city, town or village pursuant to this section shall be for a county, city, town. or village purpose, respectively, and shall be excluded in ascertaining the power of a county, city, town or village to contract indebtedness. New. Adopted November 3, 1953. *** MEND *** *** MSTART 948 003.0 004.0 0 NY 1938 1953 *** Art. 4, Sec. 3 3. The governor shall be commander- in- chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, extraordinary occasions. At extraordinary sessions subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every session the condition of the state, and recommend such matters to it as he shall judge expedient. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of not more than fifty thousand dollars, to be fixed by joint resolution of the senate and assembly, and there shall be provided for his use a suitable and furnished executive residence. Amended November 3, 1953. *** MEND *** *** MSTART 049 006.0 004.0 0 NY 1938 1953 *** Art. 4, Sec. 6 6. The lieutenant-governor shall possess the same qualifications of eligibility for office as the governor. He shall be president of the senate, but shall have only a casting vote therein. The lieutenant-governor shall receive for his services an annual salary of not more than twenty thousand dollars, to be fixed by joint resolution of the senate and assembly. If the office of governor become vacant and there be no lieutenant-governor, the offices of governor and lieutenant-governor shall be filled for the remainder of the terms t the next general election happening not less than three months after the vacancy in the office of governor occurs. No election of a lieutenant-governor shall be had in any event except at the time of electing a governor. Until the vacancies in the offices of the governor and lieutenant be filled by election, the temporary president of governor the senate then in office or his successor as such temporary president shall perform all the duties of lieutenant-governor and shall act as governor. If the office of lieutenant-governor alone be vacant, or in case the lieutenant-governor be under impeachment, unable to discharge the powers and duties of the office of governor or shall be absent from the state, the temporary president of the senate then in office or his successor as such temporary president shall perform all the duties of lieutenant-governor, including the duty of acting as governor when necessary, during such vacancy, inability, absence or the pendency of such impeachment. If, when the duty of acting as governor devolves upon the temporary president of the senate, he be unable to discharge the powers and duties of such office or be absent from the state, the speaker of the assembly shall act as governor during, such inability or absence. Amended November 3, 1953. *** MEND *** *** MSTART 050 002.0 008.0 0 NY 1938 1953 *** Art. 8, Sec. 2 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, to be determined by or pursuant to general or special laws, which determination shall be conclusive, and in no event for longer than forty years. No indebtedness hereafter contracted or any portion thereof shall be refunded beyond such period computed from the date such indebtedness was contracted. Indebtedness heretofore contracted may be refunded only with the approval of and on terms and conditions prescribed by the state comptroller, but in no event for a period exceeding twenty years from the date of such refunding. 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 funding of indebtedness heretofore contracted, shall be paid not more than two years after such indebtedness portion thereof shall have been contracted, and no installment except in the case of refunding of indebtedness heretofore contracted, shall be more than fifty per centum in excess of the smallest prior installment. Notwithstanding the foregoing provisions, indebtedness contracted by the city of New York and each portion of any such indebtedness from time to time so contracted for the supply of water, including the acquisition of land in connection with such purpose, may be financed either by serial bonds with a maximum maturity of fifty years, in which case such indebtedness shall be paid in annual installments as hereinbefore provided, or by sinking fund bonds with a maximum maturity of fifty dollars, which shall be redeemed through annual contributions to sinking bonds established and maintained for the purpose of amortizing the indebtedness for which such bonds are issued. Notwithstanding the foregoing provisions, indebtedness hereafter contracted by the city of New York and each portion of any such indebtedness from time to time so contracted for (a) the acquisition, construction or equipment of rapid transit railroads, or (b) the construction of docks, including the acquisition of land in connection with any of such purposes, may be financed either by serial bonds with a maximum maturity of forty years, in which case such indebtedness shall be paid in annual installments as hereinbefore provided, or by sinking fund bonds with a maximum maturity of forty years, which shall be redeemed through annual contributions to sinking funds established and maintained for the purpose of amortizing the indebtedness for which such bonds are issued. Provision shall be made annually by appropriation by every county, city, town, village and school district for the payment of interest on all indebtedness and for the amounts required for (a) the amortization and redemption of term bonds, sinking fund bonds and serial bonds, (b) the redemption of certificates or other evidence of indebtedness (except those issued in anticipation of the collection of taxes or other revenues, or renewals thereof, and which are described in paragraph A of section five of this article and those issued in anticipation of the receipt of the proceeds of the sale of bonds theretofore authorized) contracted to be paid in such year out of the tax levy or other revenues applicable to a reduction thereof, and (c) the redemption of certificates or other evidence of indebtedness issued in anticipation of the collection of taxes or other revenues, or renewals thereof, which are not retired within five years after their date of original issue. If at any time the respective appropriating authorities shall fail to make such appropriations, a sufficient sum shall be set apart from the first revenues thereafter received and shall be applied to such purposes. The fiscal officer of any county, city, town, village or school district may be required to set apart and apply such revenues as aforesaid at the suit of any holder of obligations issued for any such indebtedness. Amended November 3, 1953. *** MEND *** *** MSTART 051 005.0 008.0 0 NY 1938 1953 *** Art. 8, Sec. 5 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 ears 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 n such year and payable out of such taxes, (b) moneys receivable from the state which have theretofore been apportioned by the state or which are to be so apportioned within one year after their issue and (c) the collection of any other taxes due and payable or to become due and payable within one year or of other revenues to be received within one year after their issue; excepting any such certificates or other evidences of indebtedness or renewals thereof which are not retired within five years after their date of original issue. B. Indebtedness heretofore or hereafter contracted to provide for the supply of water. C. Indebtedness heretofore or hereafter contracted by any county, city, town or village for a public improvement or part thereof, or service, owned or rendered by such county, city, town or village, annually proportionately to the extent that the same shall have yielded to such county, city, town or village net revenue; provided, however, that such net revenue shall be twenty-five per centum or more of the amount required in such year for the payment of the interest on, amortization of, or payment of, such indebtedness. Such exclusion shall be granted only if the revenues of such public improvement or part thereof, or service are applied to and actually used for payment of all costs of operation, maintenance and repairs, and payment of the amounts required in such year for interest on and amortization of or redemption of such indebtedness, or such revenues are deposited in a special fund to be used solely for such payments. Any revenues remaining after such payments are made may be used for any lawful purpose of such county, city town or village, respectively. Net revenue shall be determined by deducting from gross revenues of the preceding year all costs of operation, maintenance and repairs for such year, or the legislature may provide that net revenue shall be determined by deducting from the average of the gross revenues of not to exceed five of the preceding years during which the public improvement or part thereof, or service, has been in operation, the average of all costs of operation, maintenance and repairs for the same years. A proportionate exclusion of indebtedness contracted or proposed to be contracted also may be granted for the period from the date when such indebtedness is first contracted or to be contracted for such public improvement or part thereof, or service, through the first year of operation of such public improvement or part thereof, or service. Such exclusion shall be com- puted in the manner provided in this section on the basis of estimated net revenue which shall be determined by deducting from the gross revenues estimated to be received during the first year of operation of such public improvement or part thereof, or service, all estimated costs of operation, maintenance and. repairs for such year. The amount of any such proportionate exclusion shall not exceed seventy-five per centum of the amount which would be excluded if the computation were made on the basis of net revenue instead of estimated net revenue. Except as otherwise provided herein, the legislature shall prescribe the method by which and the terms and conditions under which the proportionate amount of any such indebtedness to be so excluded shall be determined and no proportionate amount of such indebtedness shall be excluded except in accordance with such determination. The legislature may provide that the state comptroller shall make such determination or it may confer appropriate jurisdiction on the appellate division of the supreme court in the judicial departments in which such counties, cities, towns or villages are located for the purpose of determining the proportionate amount of any such indebtedness to be so excluded. The provisions of this paragraph C shall not affect or impair any existing exclusions of indebtedness, or the power to exclude indebtedness, granted by any other provision of this constitution. Amended Nov. 3, 1953. *** MEND *** *** MSTART 052 007.0 008.0 0 NY 1938 1953 *** Art. 8, Sec. 7 7. In ascertaining the power of the city of New York to contract indebtedness, in addition to the indebtedness excluded by section 5 of this article, there shall be excluded: A. Indebtedness contracted prior to the first day of January, nineteen hundred ten, for dock purposes proportionately to the extent to which the current net revenues received by the city therefrom shall meet the interest on and the annual requirements for the amortization of such indebtedness. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any such indebtedness to be so excluded shall be determined, and no such indebtedness shall be excluded except in accordance with such determination. The legislature may confer appropriate jurisdiction on the appellate division of the supreme court in the first judicial department for the purpose of determining the amount of any such indebtedness to be so excluded. B. The aggregate of indebtedness initially contracted from time to time after January first, nineteen hundred twenty-eight, for the construction or equipment, or both, of new rapid transit railroads, not exceeding the sum of three hundred million dollars. Any indebtedness thereafter contracted in excess of such sum for such purposes shall not be so excluded, but this provision shall not be construed to prevent the refunding of any of the indebtedness excluded hereunder. C. The aggregate of indebtedness initially contracted from time to time after January first, nineteen hundred fifty, for the construction, reconstruction and equipment of city hospitals, not exceeding the sum of one hundred fifty million dollars. Any indebtedness thereafter contracted in excess of such sum for such purposes, other than indebtedness contracted to refund indebtedness excluded pursuant to this paragraph, shall not be so excluded. D. The aggregate of indebtedness initially contracted from time to time after January first, nineteen hundred fifty-two, for the construction and equipment of new transit railroads, including extensions of and interconnections with and between existing rapid transit railroads or portions thereof, and reconstruction and equipment of existing rapid transit railroads, not exceeding the sum of five hundred million dollars. Any indebtedness thereafter contracted in excess of such sum for such purposes, other than indebtedness contracted to refund indebtedness excluded pursuant to this paragraph, shall not be so excluded. E. Indebtedness contracted for school purposes, evidenced by bonds, to the extent to which state aid for common schools, not exceeding two million five hundred thousand dollars, shall meet the interest and the annual requirements for the amortization and payment of part or all of one or more issues of such bonds. Such exclusion shall be effective only during a fiscal year of the city in which its expense budget provides for the payment of such debt service from such state aid. The legislature shall prescribe by law the manner by which the amount of any such exclusion shall be determined and such indebtedness shall not be excluded hereunder except in accordance with the determination so prescribed. Such law may provide that any such determination shall be conclusive if made or approved by the state comptroller. Amended November 3, 1953. Former paragraph A deleted; subsequent paragraphs re-lettered A to E. *** MEND *** *** MSTART 053 010.0 008.0 0 NY 1938 1953 *** Art. 8, Sec. 10 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 indebtedness described in paragraphs A and D of section five of this article, or renewals thereof: (a) any county, for county purposes, one and one-half per centum; provided, however, that the legislature may prescribe method by which such limitation may be increased to not to exceed two per centum; (b) any city of one hundred twenty-five thousand or more inhabitants according to the latest federal census, for city purposes, two per centum; (c) any city having less than one hundred twenty-five thousand inhabitants according, to the latest federal census, for city purposes, two per centum; (d) any village, for village purposes, two per centum; (e) any school district which is coterminous with or partly within or wholly within, a city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, for school district purposes, one and one-quarter per centum; provided, however, that if the taxes subject to this limitation levied for any such school district for its first fiscal year beginning on or after July first, nineteen hundred forty-seven, were in excess of one and one-quarter per centum but not greater than one and one-half per centum, then for such school district the limitation shall be one and one-half per centum; or if such taxes were in excess of one and one half per centum but not greater than one and three quarters per centum for such fiscal year, then for such school district the limitation shall be one and three quarters per centum; or if such taxes were in excess of one and three-quarters per centum for such fiscal year then for such school district the limitation shall be two per centum. The limitation herein imposed for any such school district may be increased by 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. Any such proposition shall provide only for an additional one quarter of one per centum in excess of the limitation applicable to such school district at the time of submission of such proposition. When such proposition has been submitted and approved by the voters of the school district as herein provided, no proposition for a further increase in such limitation shall be submitted for a period of one year computed from the date of submission of the approved proposition, provided that where a proposition for an increase is submitted and approved at a general election or an annual school election, a proposition for a further increase may be submitted at the corresponding election in the following year. The legislature shall prescribe by law the qualifications for voting at any such election. In the event any such school district shall be consolidated with any one or more school districts, the legislature shall prescribe a limitation, not exceeding two per centum, for such consolidated district. Thereafter, such limitation may be increased as provided in this sub-paracrraph (e). In no event shall the limitation for any school district or consolidated school district described in this sub-paragraph (e) exceed two per centum. (f) Notwithstanding the provisions of sub-paragraphs (a) and (b) of this section, the city of New York and the counties therein, for city and county purposes, a combined total of two and one-half per centum. The average full valuation of taxable real estate of such county, city, village or school district shall be determined, by taking the assessed valuations of taxable real estate on the last completed assessment rolls and the four preceding rolls of such county, city, village or school district, and applying thereto the ratio which such assessed valuation oil each of such rolls bears to the full valuation, as determined by the state tax commission or by such other state officer or agency as the legislature shall by law direct. The legislature shall prescribe the manner by which such ratio shall be deter mined by the state tax commission or by such other state officer or agency. Nothing contained in this section shall be deemed to restrict the powers granted to the legislature by other provisions of this constitution to further restrict the powers of any county, city, town, village or school district to levy taxes on real estate. Amended November 3, 1953; sub-paragraph (f) added by separate amendment approved November 3, 1953. *** MEND *** *** MSTART 054 010.A 008.0 0 NY 1938 1953 *** Art. 8, Sec. 10-a 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 improvement or part thereof constructed to provide for the supply of water. Amended November 3, 1953. *** MEND *** *** MSTART 055 010.0 008.0 0 NY 1938 1953 *** Art. 8, Sec. 10 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 indebtedness described in paragraphs A and D of section five of this article, or renewals thereof. (a) any county, for county purposes, one and one-half per centum; provided, however, that the legislature may prescribe a method by which such limitation may be increased to not to exceed two per centum. (b) any city of one hundred twenty-five thousand or more inhabitants according to the latest federal census for city purposes, two per centum; (c) any city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, for city purposes, two per centum; (d) any village, for village purposes, two per centum; (e) any school district which is coterminous with or partly within or wholly within, a city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, for school district purposes, one and one-quarter per centum; provided, however, that if the taxes subject to this limitation levied for any such school district for its first fiscal year beginning on or after July first, nineteen hundred forty-seven, were in excess of one and one-quarter per centum but not greater than one and one-half per centum, then for such school district the limitation shall be one and one-half per centum; or if such taxes were in excess of one and one-half per centum but not greater than one and three-quarters per centum for such fiscal year, then for such school district the limitation shall be one and three-quarters per centum; or if such taxes were in excess of one and three-quarters per centum for such fiscal year, then for such school district the limitation shall be two per centum. The limitation herein imposed for any such school district may be increased by 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. Any such proposition shall provide only for an additional one-quarter of one per centum in excess of the limitation applicable to such school district at the time of submission of such proposition. When such a proposition has been submitted and approved by the voters of the school district as herein provided, no proposition for a further increase in such limitation shall be submitted for a period of one year computed from the date of submission of the approved proposition, provided that where a proposition for an increase is submitted and approved at a general election or an annual school election, a proposition for a further increase may be submitted at the corresponding election in the following year. The legislature shall prescribe by law the qualifications for voting at any such election. In the event any such school district shall be consolidated with any one or more school districts, the legislature shall prescribe a limitation, not exceeding two per centum, for such consolidated district. Thereafter, such limitation may be increased as provided in this sub-paragraph (e), In no event shall the limitation for any school district or consolidated school district described in this sub-paragraph (e) exceed two per centum. (f) Notwithstanding the provisions of sub-paragraphs (a) and (b) of this section, the city of New York and the counties therein, for city and county purposes, a combined total of two and one-half per centum. The average full valuation of taxable real estate of such county, city, village or school district shall be determined, by taking the assessed valuations of taxable real estate on the last completed assessment rolls and the four preceding rolls of such county, city, village or school district, and applying thereto the ratio which such assessed valuation on each of such rolls bears to the full valuation, as determined by the state tax commission or by such other state officer or agency as the legislature shall by law direct. The legislature shall prescribe the manner by which such ratio shall be determined by the state tax commission or by such other state officer or agency. Nothing contained in this section shall be deemed to restrict the powers granted to the legislature by other provisions of this constitution to further restrict the powers of any county, city, town, village or school district to levy taxes on real estate. Amended November 3, 1953; sub-paragraph (f) added by separate amendment November 3, 1953. *** MEND *** *** MSTART 056 002.0 014.0 0 NY 1938 1953 *** Art. 14, Sec. 2 2. The legislature may by general laws provide for the use of not exceeding three per centum of such lands for the construction and maintenance of reservoirs for municipal water supply, and for the canals of the state. Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be undertaken until after the boundaries and high flow lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and determination that such lands are required for such public use. The expense of any such improvements shall be apportioned on the public and private property and municipalities benefitted to the extent of the benefits received. Any such reservoir shall always be operated by the state and the legislature shall provide for a charge upon the property and municipalities benefited for a reasonable return to the state upon the value of the rights and property of the state used and the services of the state rendered, which shall be fixed for terms of not exceeding ten years and be readjustable at the end of any term.. Unsanitary conditions shall not be created or continued by any such public works. Amended November 3, 1953. *** MEND *** *** MSTART 955 003.0 018.0 0 NY 1938 1955 *** Art. 18, Sec. 3 3. The provisions of article VII, not inconsistent with this article, relating to debts of the state shall apply to all debts contracted by the state for the purpose of providing moneys out of which to make loans pursuant to this article, except (a) that any law or laws authorizing the contracting of such debt, not exceeding in the aggregate three hundred million dollars, shall take effect without submission to the people, and the contracting of a greater amount of debt may not be authorized prior to January first, nineteen hundred forty-two; (b) that any such debt and each portion thereof shall be paid in equal annual installments, the first of which shall be payable not more than three years, and the last of which shall be payable not more than fifty years, after such debt or portion thereof shall have been contracted; and (c) that any law authorizing the contracting of such debt may be submitted to the people at a general election, whether or not any other law or bill shall be submitted to be voted for or against at such election. Any law authorizing the making of contracts for capital or periodic subsidies to be paid with moneys currently appropriated from the general fund of the state shall take effect without submission to the people, and the amount to be paid under such contracts shall not be included in ascertaining the amount of indebtedness which may be contracted by the state under this article; provided, however, (a) that such periodic subsidies shall not be paid for a period longer than the life of the projects assisted thereby, but in any event for not more than sixty years; (b) that no contracts for periodic subsidies shall be entered into in any one year requiring payments aggregating more than one million dollars in any one year; and (c) that there shall not be outstanding at any one time contracts for periodic subsidies requiring payments exceeding an aggregate of thirty-four million dollars in anyone year, unless a law authorizing contracts in excess of such amounts shall have been submitted to and approved by the people at a general election; and any such law may be submitted to the people at a general election, whether or not any other law or bill shall be submitted to be voted for or against at such election. Amended November 8, 1955. *** MEND *** *** MSTART 956 002.0 002.0 0 NY 1938 1955 *** Art. 2, Sec. 2 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 unavoidably absent from the place of their residence because they are inmates of a soldiers' and sailors' home or of a United States veterans' bureau hospital, or because their duties, occupation or business, or those of members of their families, require them to be elsewhere, and qualified voters who, on the occurrence of any election, may be unable to appear personally at the polling place because of illness or physical disability, may vote and for the return and canvass of their votes. Amended November 8, 1955. *** MEND *** *** MSTART 057 005.0 002.0 0 NY 1938 1955 *** Art. 2, Sec. 5 5. Laws shall be wade for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not be required to apply in person for registration at the first meeting of the officers having charge of the registry of voters; however, voters who are in the actual military service of the state or of the United States, in the army, navy, air force or any branch thereof, or in the coast guard, or inmates of a veterans' bureau hospital and voters who are unable to appear personally for registration because of illness or physical disability or because their duties, occupation or business require them to be outside the state of New York; and a spouse, parent or child of such a voter in the actual military service or of such an inmate or of such a voter unable to appear personally for registration, accompanying or being with him or her, if a qualified voter and a resident of the same election district, and if outside the county of such election district, shall not be required to register personally. The number of such inhabitants shall be determined according to the latest census or enumeration, federal or state, showing the population of the city or village, except that the federal census shall be controlling unless such state enumeration, if any, shall have been taken and returned two or more years after the return of the preceding federal census. Amended November 8, 1955. *** MEND *** *** MSTART 058 001.0 005.0 0 NY 1938 1955 *** Art. 5, Sec. 1 1. The comptroller and attorney-general shall be chosen at the same general election as the governor and hold office for the same term, and shall possess the qualifications provided in section 2 of article IV. The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general. No election of a comptroller or an attorney-general shall be had except at the time of electing a governor. The comptroller shall be required: (1) To audit all vouchers before payment and all official accounts; (2) to audit the accrual and collection of all revenues and receipts; and (3) to prescribe such methods of accounting as are necessary for the performance of the foregoing duties. The payment of any money of the state, or of any money under its control, or the refund of any money paid to the state, except upon audit by the comptroller, shall be void, and may be restrained upon the suit of any taxpayer with the consent of the supreme court in appellate division on notice to the attorney- general. In such respect the legislature shall define his powers and duties and may also assign to him: (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 no administrative duties, excepting such as may be incidental to the performance of these functions, any other provision of this constitution to the contrary notwithstanding Amended November 8, 1955. *** MEND *** *** MSTART 059 002.A 008.0 0 NY 1938 1955 *** Art. 8, Sec. 2-a 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 for the conveyance, to provide facilities, in excess of its own needs, treatment and disposal of sewage from any other public corporation or improvement district; D. May authorize two or more public corporations and improvement districts to provide for the common conveyance, treatment and disposal of sewage and may authorize any such corporation, or any county or town on behalf of an improvement district, to contract joint indebtedness for such purpose or to contract indebtedness for specific proportions of the cost; E. May authorize any county, city, town or village or any county or town on behalf of an improvement district to contract indebtedness to provide facilities in excess of its own needs, for drainage purposes from any other public corporation or improvement district. F. May authorize two or more public corporations and improvement districts to provide for a common drainage system and may authorize any such corporation, or any county or town on behalf of an improvement district, to contract joint indebtedness for such purpose or to contract indebtedness for specific proportions of the cost. Indebtedness contracted by a county, city, town or village pursuant to this section shall be for a county, city, town or village purpose, respectively. In ascertaining the power of a county, city, town or village to contract indebtedness, any indebtedness contracted pursuant to paragraphs A and B of this section shall be excluded. The legislature shall provide the method by which a fair proportion of joint indebtedness contracted pursuant to paragraphs D and F of this section shall be allocated to any county, city, town or village. The legislature by general law in terms and in effect applying alike to all counties, to all cities, to all towns and/or to all villages also may provide that all or any part of indebtedness contracted or proposed to be contracted by any county, city, town or village pursuant to paragraphs D and F of this section for a revenue producing public improvement or service may be excluded periodically in ascertaining the power of such county, city, town or village to contract indebtedness. The amount of any such exclusion shall have a reasonable relation to the extent to which such public improvement or service shall have yielded or is expected to yield revenues sufficient to provide for the payment of the interest on and amortization of or payment of indebtedness contracted or proposed to be contracted for such public improvement or service, after deducting all costs of operation, maintenance and repairs thereof . The legislature shall provide the method by which a fair proportion of joint indebtedness proposed to be contracted pursuant to paragraphs D and F of this section shall be allocated to any county, city, town or village for the purpose of determining the amount of any such exclusion. The provisions of paragraph C of section five and section ten-a of this article shall not apply to indebtedness contracted pursuant to paragraphs D and F of this section. The legislature may provide that any allocation of indebtedness, or determination of the amount of any exclusion of indebtedness, made pursuant to this section shall be conclusive if made or approved by the state comptroller. Paragraphs C-F added, next unnumbered paragraph amended, and two concluding unnumbered paragraphs added by amendment November 8, 1955. *** MEND *** *** MSTART 060 019.0 006.0 0 NY 1938 1955 *** Art. 6, Sec. 19 19. All judges, justices and surrogates shall receive for their services such compensation as is now or may hereafter be established by law, provided only that such compensation shall not be diminished during their respective terms of office. Except as in this article provided, all judicial officers shall be elected or appointed at such times and in such manner as the legislature may direct. No one shall be eligible to the office of judge of the court of appeals, justice of the supreme court, surrogate, or judge of any other court of record who is not an attorney and counselor of this state except in the county of Hamilton as to the office of county judge or surrogate. No judge or justice shall sit in any appellate court in review of a decision made by him or by any court of which he was at the time a sitting member. No person shall hold the office of judge or justice of any court or the office of surrogate longer than until and including the last day of December next after he shall be seventy years of age. The judges of the court of appeals, the justices of the supreme court, and except in a county having a population of less than one hundred twenty thousand, the surrogates, the judges or justices of another court of record, and the judges or justices of any court not of record other than a justice of the peace or police justice, shall not hold any other public office or trust, except that they shall be eligible to serve as members of a constitutional convention and to serve in any capacity in the armed forces of the United States of America and the state of New York in which latter event the legislature may enact such legislation as it deems appropriate to provide for temporary judges or justices to serve during the period of the absence of the duly elected judges or justices in the armed forces, and to hold other judicial offices permitted by law. All votes for any such judges, justices -or surrogates of any court of record or not of record, other than a justice of the peace or police justice, for any other than a judicial office or as a member of a constitutional convention, given by the legislature or the people, shall be void. No judicial officer except justices of the peace, shall receive to his own use any fees or perquisites of office. A judge of the court of appeals, a justice of the supreme court, a judge of the court of general sessions of the county of New York, a justice of the city court of the city of New York, and a county judge or surrogate elected in a county having a population exceeding one hundred twenty thousand, shall not practice as an attorney or counselor in any court of record in this state nor act as referee in any action or proceeding. The legislature may impose a similar prohibition upon county judges or surrogates in other counties. No district attorney or assistant to or deputy of a district attorney shall appear or act as attorney or counselor for the defendant in any criminal case or proceeding in any court of the state, nor shall any county judge, special county judge, surrogate, or special surrogate appear or act as counselor for a defendant in any criminal case or proceeding pending in his own county or in any adjacent county. Amended Nov. 8, 1955 *** MEND *** *** MSTART 061 019.0 007.0 0 NY 1938 1957 *** Art. 7, Sec. 19 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 expansion and development of the program of higher education provided and to be provided at institutions now or hereafter comprised within the state university, for acquisition of real property therefor, and for payment of the state's share of the capital costs of locally sponsored institutions of higher education approved and regulated by the state university trustees. The provisions of this article, not inconsistent with this section. relating to the issuance of bonds for a debt or debts of the state and the maturity and payment thereof, shall apply to a state debt or debts created pursuant to this section; except that the law authorizing the contracting of such debt or debts shall take effect without submission to the people pursuant to section eleven of this article. New. Adopted November 5. 1957. *** MEND *** *** MSTART 062 003.0 018.0 0 NY 1938 1957 *** Art. 18, Sec. 3 3. The provisions of article VII, not inconsistent with this article, relating to debts of the state shall apply to all debts contracted by the state for the purpose of providing moneys out of which to make loans pursuant to this article, except (a) that any law or laws authorizing the contracting of such debt, not exceeding in the aggregate three hundred million dollars, shall take effect without submission to the people, and the contracting of a greater amount of debt may not be authorized prior to January first, nineteen hundred forty-two; (b) that any such debt and each portion thereof, except as hereinafter provided, shall be paid in equal annual installments, the first of which shall be payable not more than three years, and the last of which shall be payable not more than fifty years, after such debt or portion thereof shall have been contracted; and (c) that any law authorizing the contracting of such debt may be submitted to the people at a general election, whether or not any other law or bill shall be submitted to be voted for or against at such election. Debts contracted by the state for the purpose of providing moneys out of which to make loans to or in aid of corporations regulated by law as to rents, profits, dividends and disposition of their property or franchises and engaged in providing housing facilities pursuant to this article may be paid in such manner that the total annual charges required for the payment of principal and interest are approximately equal and constant for the entire period in which any of the bonds issued therefor are outstanding. Any law authorizing the making of contracts for capital or periodic subsidies to be paid with moneys currently appropriated from the general fund of the state shall take effect without submission to the people, and the amount to be paid under such contracts shall not be included in ascertaining the amount of indebtedness which may be contracted by the state under this article; provided, however, (a) that such periodic subsidies shall not be paid for a period longer than the life of the projects assisted thereby, but in any event for not more than sixty years; (b) that no contracts for periodic subsidies shall be entered into in any one year requiring payments aggregating more than one million dollars in any one year; and (c) that there shall not be outstanding at any one time contracts for periodic subsidies requiring payments exceeding an aggregate of thirty-four million dollars in any one year, unless a law authorizing contracts in. excess of such amounts shall have been submitted to and approved by the people at a general election; and any such law may be submitted to the people at a general election, whether or not any other law or bill shall be submitted to be voted for or against at such election. Amended Nov. 5, 1957. *** MEND *** *** MSTART 063 009.0 001.0 0 NY 1938 1957 *** Art. 1, Sec. 9. 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 gambling, 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 law to prevent offenses against any of the provisions of this section. 2. Notwithstanding the foregoing provisions of this section, any city, town or village within the state may by an approving vote of the majority of the qualified electors in such municipality voting on a proposition therefore submitted at a general or special election authorize, subject to state legislative supervision and control, the conduct of specific games of chance, commonly known as 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. If authorized, such games shall be subject to the following restrictions, among others which may be prescribed by the legislature: only bona fide religious, charitable or non-profit organizations of veterans, volunteer firemen and similar non-profit organizations shall be permitted to conduct such games; the entire net proceeds of any game shall be exclusively devoted to the lawful purposes of such organizations; no single prize shall exceed two hundred and fifty dollars; no series of prizes on any one occasion shall aggregate more than one thousand dollars; no person except a bona fide member of any such organization shall participate in the management or operation of such game; and no person shall receive any remuneration for participating in the management or operation of any such game. The legislature shall pass appropriate laws to effectuate the purposes of this subdivision, ensure that such games are rigidly regulated to prevent commercialized gambling, prevent participation by criminal and other undesirable elements and the diversion of funds from the purposes authorized hereunder and establish a method by which a municipality which has authorized such games may rescind or revoke such authorization. Unless permitted by the legislature, no municipality shall have the power to pass local laws or ordinances relating to such games. Nothing in this section shall prevent the legislature from passing laws more restrictive than any of the provisions of this section. Amended November 5, 1957. *** MEND *** *** MSTART 064 005.0 018.0 0 NY 1938 1957 *** Art. 18, Sec. 5 5. Any city, town or village shall be liable for the repayment of any loans and interest thereon made by the state to any public corporation, acting as an instrumentality of such city, town or village. Such liability of a city, town or village shall be excluded in ascertaining the power of such city, town or 'village to become indebted pursuant to the provisions of this article, except that in the event of a default in payment under the terms of any such loan, the unpaid balance thereof shall be included in ascertaining the power of such city, town or village to become so indebted. No subsidy, in addition to any capital or periodic subsidy originally contracted for in aid of any project or projects authorized under this article, shall be paid by the state to a city, town, village or public corporation, acting as an instrumentality thereof, for the purpose of enabling such city, town, village or corporation to remedy an actual default or avoid an impending default in the payment of principal or interest on a loan which has been theretofore made by the state to such city, town, village or corporation pursuant to this article. Amended November 5, 1957. *** MEND *** *** MSTART 065 003.0 014.0 0 NY 1938 1957 *** Art. 14, Sec. 3 3. 1. Forest and wild life conservation are hereby declared to be policies of the state. For the purpose of carrying out such policies the legislature may appropriate moneys for the acquisition by the state of land, outside of the Adirondack and Catskill parks as now fixed by law, for the practice of forest or wild life conservation. The prohibitions of section 1 of this article shall not apply to any lands heretofore or hereafter acquired or dedicated for such purposes within the forest preserve counties but outside of the Adirondack and Catskill parks as now fixed by law, except that such lands shall not be leased, sold or exchanged, or be taken by any corporation, public or private. 2. As to any other lands of the state, now owned or hereafter acquired, constituting the forest preserve referred to in section one of this article, but outside of the Adirondack and Catskill parks as now fixed by law, and consisting in any case of not more than ten contiguous acres entirely separated from any other portion of the forest preserve, the legislature may by appropriate legislation, notwithstanding the provisions of section one of this article, authorize: (a) the dedication thereof for the practice of forest or wild life conservation; or (b) the use thereof for public recreational or other state purposes or the sale, exchange or other disposition thereof; provided, however, that all moneys derived from the sale or other disposition of any of such lands shall be paid into a special fund of the treasury and be expended only for the acquisition of additional lands for such forest preserve within either such Adirondack or Catskill park. Amended November 5, 1957. *** MEND *** *** MSTART 066 001.0 014.0 0 NY 1938 1957 *** Art. 14, Sec. 1 1. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. Nothing herein contained shall prevent the state from constructing, completing and maintaining any highway heretofore specifically authorized by constitutional amendment, nor from constructing and maintaining not more than twenty miles of ski trails thirty to eighty feet wide on the north, east and northwest slopes of Whiteface mountain in Essex county, nor from constructing and maintaining not more than twenty miles of ski trails thirty to eighty feet wide, together with appurtenances thereto, on the slopes of Belleayre mountain in Ulster and Delaware counties and not more than thirty miles of ski trails thirty to eighty feet wide, together with appurtenances thereto, on the slopes of Gore, South and Pete Gay mountains in Warren county, nor from relocating, reconstructing and maintaining a total of not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of not more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile in length. Amended November 5, 1957. *** MEND *** *** MSTART 966 001.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 1 1. (a) There shall be in each county outside the city of New York a board of supervisors or other elective governing body, to be composed of such members and elected in such manner and for such period as is or may be provided by law. In the city of New York the powers and duties of a board of supervisors may be devolved upon the council or other legislative body of the city. (b) The legislature shall provide by law for the organization and government of counties. No law which shall be special or local in its terms or in its effect, or which shall relate specially to one county only, shall be enacted by the legislature unless in its application, if any, to counties outside the city of New York it complies with the requirements of subdivision (c) of this section and in its application, if any, to counties within the city of New York it complies with the requirements of subdivision (d) of this section. (c) The legislature shall not pass any such law affecting a county or counties outside the city of New York unless (1) such law applies alike to all such counties; or (2) such law applies alike to all such counties which have not adopted alternative forms of government pursuant to the provisions of section two of this article and, if it applies also to one or more of the counties which have adopted such alternative forms, meets the requirements of paragraph (3) of this subdivision with regard to each of such counties; or (3) such law is requested by. the board of supervisors or other elective governing body of each county to be affected outside the city of New York and, in any county affected which has an elective county executive officer under an alternative form of government, the request is either concurred in by such executive officer or, in the absence of such concurrence within ten days of its approval by the governing body, is reconsidered and passed by at least a two-thirds vote of all of the members of the body; or (4) the legislature receives a certificate of necessity from the governor reciting the facts which in his judgement require the passage of such law and subsequently approves it with the concurrence of two-thirds of the members elected to each house. (d) The legislature shall not pass any such law affecting a county or counties within the city of New York unless (1) such law applies alike to all counties in the state or to all counties which have not adopted alternative forms of government pursuant to the provisions of section two of this article ; or (2) such law is requested l)y the council or other legislative body of the city upon which the powers and duties of a board of supervisors are devolved for the counties within the city and, if the city has a mayor or other elective chief executive officer, is either concurred in by such officer, or, in the absence of such concurrence within ten days of its approval by the legis1ative body, is reconsidered and passed by at least a two-thirds vote of all of the members of such body ; or (3) the legislature receives a certificate of necessity from the governor reciting the facts which in his judgment require the passage of such law and subsequently approves it with the concurrence of two-thirds of the members elected to each house. (e) The legislature may authorize boards of supervisors or other elective governing bodies of two or more counties to provide by agreement for the discharge within the territorial limits of such counties or parts thereof of one or more governmental functions. Amended November 4, 1958. *** MEND *** *** MSTART 067 002.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 2 2. (a) The legislature shall provide by law alternative forms of government for counties outside the city of New York and for the submission of one or more such forms of government to the electors residing in such counties. (b) The legislature shall also, on or before July first, nineteen hundred fifty-nine, confer by general law upon all counties outside the city of New York power to prepare, adopt and amend alternative forms of county government, in accordance with procedure which the legislature shall provide and may from time to time by general law amend and subject to such limitations, including limitations on powers specified in this section, as the legislature may by general law from time to time impose. (c) No alternative form of government shall become operative in any such county unless and until adopted at a general election held in such county by receiving a majority of the total votes cast thereon (1) in the area of the county outside of cities and (2) in the area of the cities in the county, if ally, considered as one unit, and if any such form of government provides for the transfer of any function of local government to or from the villages of the county, or any class thereof, it shall not take effect with respect to such transfer unless the transfer, or the form of government containing it, shall also receive a majority of all the votes cast thereon in all the villages so affected considered as one unit. (d) Any such form of government shall set forth the structure of the county government and the manner in which it is to function. Any such form of government may provide for the appointment of any county officers or their selection by any method of nomination and election, or the abolition of their offices, and may also provide for the exercise by the board of supervisors or other elective governing body of any powers of local legislation and administration and the transfer of any or all of the functions and duties of the county and the cities, towns, villages, districts and other units of government contained in such county t.o each other or (if authorized by the legislature) to the state, and for the abolition of offices, departments, agencies or units of government when all of their functions are so transferred without regard to the provisions of this article or any other provisions of this constitution inconsistent herewith. (e) If under such an alternative form of government the board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by the constitution or by statute, if not provided for by such form of government shall devolve upon the elective governing body of such county. (f) After the adoption of an alternative form of government by a county pursuant to this section, no law enacted pursuant to subdivision (b) of section 1 hereof which does not apply alike to all counties outside the city of Ne~v York and which in its application to such county abolishes or creates an elective office, changes the voting or veto power of or the method of removing an elected officer, changes the term of office or reduces the salary of an elective officer during his term of office, abolishes, transfers or curtails any power of an elective officer, or changes the form or composition of the elective governing body of such county, shall become effective in such county until at least sixty days after its final enactment. If within such sixty days electors of the county in number equal to at least five per centum of the total number of votes cast in the county for governor at the last gubernatorial election shall file a petition with the county clerk or corresponding officer of the county protesting against such law, it shall become effective in. such county only if approved by the electors thereof at the next ensuing general election held at least sixty days thereafter, subject to the conditions provided in subdivision (c) of this section for the adoption of an alternative form of government. (g) Nothing contained in this section shall be deemed to impair or restrict the existing power of the legislature to enact laws relating to the government of a county or the cities, towns, villages, districts or other units of government therein contained until the adoption of an alternative form of government by such county pursuant to the provisions of this section. Thereafter the power of the legislature shall be subject to the restrictions of subdivision (f) of this section. Amended November 4, 1958. *** MEND *** *** MSTART 068 003.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 3 3. Existing laws applicable to the government of counties and the cities, towns, villages, districts and other units of government therein contained shall continue in force until repealed, amended, modified or superseded by law or by a form of government and, except as provided in subdivision (d) of section 2 hereof, nothing contained in that section shall be construed to impair the provisions of sections 9, 11, 12, 13, 14 and 15 of this article. Amendment November 4, 1958. *** MEND *** *** MSTART 069 004.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 4 4. The legislature shall, by general laws, confer upon the boards of supervisors, or other governing elective bodies, of the several counties of the state such further powers of local legislation and administration as the legislature may, from time to time, deem expedient. Amended November 4, 1958. *** MEND *** *** MSTART 070 005.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 5 5. Except in counties in the city of New York and except as authorized in section two of this article, sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties once in every three years and whenever the occurring of vacancies shall require. Sheriffs shall hold no other office. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any elective sheriff, county clerk, district attorney or register within the term for which he shall have been elected; but before so doing lie shall give to such officer a copy of the charges against him and an opportunity of being heard in his defense. In each county in the city of New York a district attorney shall be chosen by the electors once in every two or four years as the legislature shall direct. The clerk of each county in the city of New York shall be appointed, and be subject to removal, by the appellate division of the supreme court in the judicial department in which the county is located. In addition to his powers and duties as clerk of the supreme court, he shall have power to select, draw, summon and ernpanel grand and petit jurors in the manner and under the conditions now or hereafter prescribed by law, and shall have such other powers and duties as shall be prescribed by the city from time to time by local law. Amended November 4, 1958. *** MEND *** *** MSTART 071 008.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 8 8. The city of New York is hereby vested with power from time to time to abolish by local law, as defined by the legislature, the office of any county officer within the city other than judges, clerks of counties and district attorneys, and to assign any or all functions of such officers to city officers, courts or clerks of counties, and to prescribe the powers, duties, qualifications, number, mode of selection and removal, terms of office and compensation of the persons holding such offices and the employees therein, and to assign to city officers any powers or duties of clerks of counties not assigned by this constitution. The legislature shall not pass any law affecting any such matters in relation to such offices within the city of New York except on message from the governor declaring that an emergency exists and the concurrent action of two-thirds of the members of each house, except that existing laws regarding each such office shall continue in force, and may be amended or repealed by the legislature as heretofore, until the power herein granted to the city has been exercised with respect to that office. T he provisions of this article shall not prevent the legislature from passing general or special laws prescribing or affecting powers and duties of such city officers or such courts or clerks to whom or which functions of such county officers shall have been so assigned, in so far as such powers or duties embrace subjects not relating to property, affairs or government of such city. Amended November 4, 1958. *** MEND *** *** MSTART 072 009.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 9 9. All city, town and village officers whose election or appointment is not provided for by this constitution shall he elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this constitution and all officers whose offices may hereafter be created by law shall be elected by the people or appointed, as the legislature may direct. It shall be the duty of the legislature to provide for the organization of cities, towns and incorporated villages, in such manner as shall secure to such cities, towns and villages the powers granted to cities, towns and villages by this constitution and, subject to the provisions of this constitution, to restrict the power of taxation, assessment, borrowing money, contracting debts, and loaning the credit of such municipal corporations, so as to prevent abuses in taxation and assessments and in contracting debt by such municipal corporations. The legislature may regulate and fix the wages or salaries and the hours of work or labor, and make provision for the protection, welfare and safety, of persons employed by the state or by any county, city, town, village or other civil division of the state, or by any contractor or subcontractor performing work, labor or services for the state or for any county, city, town, village or other civil division thereof. Amended November 4, 1958. *** MEND *** *** MSTART 073 013.0 009.0 0 NY 1938 1958 *** Art. 9, Sec. 13 13. A. The provisions of this article shall not affect any existing provisions of law not inconsistent with this article; but all existing charters and other laws, so far as not inconsistent with this article, shall continue in force until repealed, amended, modified or superseded in accordance with the provisions of this article. B. Nothing in sections eleven to sixteen inclusive of this article shall apply to or affect or be deemed to restrict the power of the legislature in relation to (a) the maintenance, support or administration of the public school systems in any city, as required or provided by article eleven of this constitution, or any retirement system pertaining to such public school system or systems, (b) counties outside the city of New York, (c) counties within the city of New York, except to the extent provided by section 8 of this article, or (d) the courts as required or provided by article VI of this constitution. Amended November 4, 1958. *** MEND *** *** MSTART 074 009.0 007.0 0 NY 1938 1958 *** Art. 7, Sec. 9 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 obligations shall with the interest thereon be paid from the proceeds of the sale of such bonds within five years from the date of issue. Amended November 4, 1958. *** MEND *** *** MSTART 075 002.0 005.0 0 NY 1938 1959 *** Art. 5, Sec. 2 2. There shall be the following civil departments in the state government: First, executive; second, audit and control; third, taxation and finance; fourth, law; fifth, state; sixth, public works; seventh, conservation; eighth, agriculture and markets; ninth, labor; tenth, education; eleventh, health; twelfth, mental hygiene; thirteenth, social welfare; fourteenth, correction; fifteenth, public service; sixteenth, banking; seventeenth, insurance; eighteenth, civil service; nineteenth, commerce; twentieth, motor vehicles. Amended Nov. 3, 1959. *** MEND *** *** MSTART 076 001.0 014.0 0 NY 1938 1959 *** Art. 14, Sec. 1 1. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. Nothing herein contained shall prevent the state from constructing, completing and maintaining any highway heretofore specifically authorized by constitutional amendment, nor from constructing and maintaining to federal standards federal aid interstate highway route five hundred two from a point in the vicinity of the city of Glens Falls, thence northerly to the vicinity of the villages of Lake George and Warrensburg, the hamlets of South Horicon and Pottersville and thence northerly in a generally straight line on the west side of Schroon Lake to the vicinity of the hamlet of Schroon, then continuing northerly to the vicinity of Scbroon Falls, Schroon River and North Hudson, and to the east of Makomis Mountain, east of the hamlet of New Russia, east of the village of Elizabethtown and continuing northerly in the vicinity of the hamlet of Towers Forge, and east of Poke-O-Moonshine Mountain and continuing northerly to the vicinity of the village of Keesvile and the city of Plattsburg, all of the aforesaid taking not to exceed a total of three hundred acres of state forest preserve land, nor from constructing and maintaining not more than twenty miles of ski trails thirty to eighty feet wide on the north, east and northwest slopes of Whiteface Mountain in Essex county, nor from constructing and maintaining not more than twenty miles of ski trails thirty to eighty feet wide, together with appurtenances thereto, on the slopes of Belleayre Mountain in Ulster and Delaware counties and not more than thirty miles of ski trails thirty to eighty feet wide, together with appurtenances thereto, on the slopes of Gore, South and Pete Gay mountains in Warren county, nor from relocating, reconstructing and maintaining a total of not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of no more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile in length. Amended November 3, 1959. *** MEND *** *** MSTART 077 001.0 001.0 0 NY 1938 1959 *** Art. 1, Sec. 1 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 judgement of his peers, except that the legislature may provide that there shall be no primary election held to nominate candidates for public office or to elect persons to party positions for any political party or parties in any unit of representation of the state from which such candidates or persons are nominated or elected whenever there is no contest or contests for such nominations or election as may be prescribed by general haw. Amended November 3, 1959. *** MEND *** *** MSTART 977 006.0 001.0 0 NY 1938 1959 *** Art. 1, Sec. 6 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, and 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. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his present office or of any public office held by him within five years prior to such grand jury call to testify, or the performance of his official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his present office by the appropriate authority or shall forfeit his 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 information 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. Amended November 3, 1959. *** MEND *** *** MSTART 078 004.0 015.0 0 NY 1938 1959 *** Art. 15, Sec. 4 4. Notwithstanding the prohibition of sale, abandonment or other disposition contained in section one of this article, the legislature may authorize by law the lease or transfer to the federal government of the barge canal, consisting of the Erie, Oswego, Champlain, Cayuga and Seneca divisions and the barge canal terminals and facilities for purposes of operation, improvement and inclusion iii the national system of inland waterways. Such lease or transfer to the federal government for the purposes specified herein may be made upon such terms and conditions as the legislature may determine with or without compensation to the state. Nothing contained herein shall prevent time legislature from providing annual appropriations for the state's share, if any, of the cost of operation, maintenance and improvement of the barge canal, the divisions thereof, terminals and facilities in the event, of the transfer of the barge canal in whole to the federal government whether by lease or transfer. The legislature, in determining the state's share of the annual cost of operation, maintenance and improvement of the barge canal, the several divisions, terminals and facilities, shall give consideration and evaluate the benefits derived from the barge canal for purposes of flood control, conservation and utilization of water resources. New. Adopted November 3, 1959. *** MEND *** *** MSTART 978 001.0 008.0 0 NY 1938 1959 *** Art. 8, Sec. 1 1. No county, city, town, village or school district shall give or loan any money or property to or in aid of any individual, or private corporation or association, or private undertaking, or become directly or indirectly the owner of stock in, or bonds of, any private corporation or association; nor shall any county, city, town, village or school district give or loan its credit to or in aid of any individual, or public or private corporation or association, or private undertaking, except that two or more such units may join together pursuant to law in providing any municipal facility, service, activity or undertaking which each of such units has the power to provide separately. Each such unit may be authorized by the legislature to contract joint or several indebtedness, pledge its or their faith and credit for the payment of such indebtedness for such joint undertaking and levy real estate or other authorized taxes or impose charges therefor subject to the provisions of this constitution otherwise restricting the power of such units to contract indebtedness or to levy taxes on real estate. The legislature shall have power to provide by law for the manner and the proportion in which indebtedness arising out of such joint undertakings shall be incurred by such units and shall have power to provide a method by which such indebtedness shall be determined, allocated and apportioned among such units and such indebtedness treated for purposes of exclusion from applicable constitutional limitations, provided that in no event shall more than the total amount of indebtedness incurred for such joint undertaking be included in ascertaining the power of all such participating units to incur indebtedness. Such la~v 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 or town, nothing in this constitution contained shall prevent a county, city or town from making such provision for the aid, care and support of the needy as may be authorized by law, nor prevent any such county, city or town from providing for the care, support, maintenance and secular education of inmates of orphan asylums, homes for dependent children or correctional institutions and of children placed in family homes by authorized agencies, whether under public or private control, or from providing health and welfare services for all children, nor 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 member of a police department or fire department. Payments by counties, cities or towns to charitable, eleemosynary, correctional and reformatory institutions and agencies, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required, by the legislature. No such payments shall be made for any person cared for by any such institution or agency, nor for a child placed in a family home, who is not received and retained therein pursuant to rules established by the state board of social welfare or other state department having the power of inspection thereof. Amended November 3, 1959. *** MEND *** *** MSTART 079 022.0 003.0 0 NY 1938 1959 *** Art. 3, Sec. 22 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 constitution, the legislature, in any law imposing a tax or taxes on, in respect to or measured by income, may define the income on, in respect to or by which such tax or taxes are imposed or measured, by reference to any provision of the laws of the United States as the same may be or become effective at any time or from time to time, and may prescribe exceptions or modifications to any such provision. Amended November 3, 1959. *** MEND *** *** CEND ***