This is ready to go.

Amendments 227 through 245.

New York Amendments, 1985 to 1997 [?]

JW 9.12.02

*** CSTART NY 08/25/1938 99/99/9999 ***      



*** MSTART 227 001.0 002.0 0 NY 1938 1996 ***

Art. 2 Sec. 1.  Every citizen shall be entitled to vote at every election for all officers elected by
the people and upon all questions submitted to the vote of the people provided that such citizen is
eighteen years of age or over and shall have been a resident of this state, and of the country, city
or village for thirty days next preceding an election.

Adopted Nov. 7, 1996

*** MEND ***
*** MSTART 228 005.0 002.0 0 NY 1938 1996 ***

Art. 2 Sec. 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.
 
Adopted Nov. 7, 1996

*** MEND ***
*** MSTART 229 006.0 002.0 0 NY 1938 1995 ***

Art. 2 Sec. 6.  The legislature may provide by law for a system or systems of registration whereby
upon personal application a voter may be registered an his registration continued so long as he
shall remain qualified to vote from an address within the jurisdiction of the board which such
voter is registered. 

Adopted Nov. 7, 1995 

*** MEND ***
*** MSTART 230 006.0 005.0 0 NY 1938 1997 ***

Art. 5 Sec. 6.  Appointments and promotions in the civil service of the state and all of the civil
divisions thereof, including cities and villages, shall be made according to merit and fitness to be
ascertained, as far as practicable, by examination which, as far as practicable, shall be
competitive; provided, however, that any member of the armed forces of the United States who
served therein in time of war, and who, at the time of such member's appointment or promotion,
is a citizen or an alien lawfully admitted for permanent residence in the United States and a
resident of this state and is honorably discharged or released under honorable circumstances from
such service, shall be entitled to receive five points additional credit in a competitive
examination for original appointment and two and one-half points additional credit in an
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 disability is certified by such administration to be in existence at the time of his
application for appointment or promotion, he shall be entitled to receive ten points additional
credit in a competitive examination for original appointments and five points additional credit in
an examination for promotion.  Such additional credit shall be added to the final earned rating of
such member after he has qualified in an examination and shall be granted only at the time of
establishment of an eligible list.  No such member shall receive the additional credit granted by
this section after he 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.

Adopted Nov. 4, 1997

*** MEND ***  
*** MSTART 231 003.0 006.0 0 NY 1938 1985 ***

Art. 6 Sec. 3.  
a.  The jurisdiction of the court of appeals shall be limited to the review of questions of law
except where the judgment is of death, or where the appellate division, on reversing or modifying
a final or interlocutory judgment in an action or a final or interlocutory order in a special
proceeding, finds new facts and a final judgment or a final order pursuant thereto is entered; but
the right to appeal shall no depend upon the amount involved.
b.  Appeals to the court of appeals 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
judgement or order is one of reversal or modification.
      (2) As of right, from a judgement or order of a court of record of original jurisdiction which
finally determines an action or special proceeding where the only question involved on the appeal
is the validity of a statutory provision of the state or of the United States under the constitution of
the state or of the United States; and on any such appeal only the constitutional question shall be
considered and determined by the court.
      (3) As of right from an order of the appellate division granting a new trial in an action or a
new hearing in a special proceeding where the appellant stipulates that, upon affirmance,
judgment absolute or final order shall be rendered against him.
      (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 that same and certifies that one or more questions of law have arisen
which, in its opinion, ought to be reviewed by the court of appeals, but in such case the appeal
shall bring up for review only the question or questions so certified; and the court of appeals shall
certify to the appellate division its determination upon such question or questions.
      (5) From an order of the appellate division of the supreme court in any department, in a
proceeding instituted by or against one or more public officers or a board, commission or other
body of public officers or a court or tribunal, other than an order which finally determines such
proceeding, where the court of appeals shall allow the same upon the ground that, in its opinion,
a question of law is involved which ought to be reviewed by it, and without regard to the
availability of appeal by stipulation for final order absolute.  
      (6) From a judgment or order entered upon the decision of an appellate division of the
supreme court which finally determines an action or special proceeding but which is not
appealable under paragraph (1) of this subdivision where the appellate division or the court of
appeals shall certify that in its opinion a question of law is involved which ought to be reviewed
by the court of appeals.  Such an appeal may be allowed upon application (a) to the appellate
division, and in case of refusal, to the court of appeals, or (b) directly to the court of appeals. 
Such an appeal shall be allowed when required in the interest of substantial justice.
      (7) No appeal shall be taken to the court of appeals from a judgment or order entered upon
the decision of an appellate division of the supreme court in any civil case or proceeding where
the appeal to the appellate division was from a judgment or order entered in an appeal from
another court, including an appellate or special term of the supreme court, unless the construction
of the constitution of the state or of the United States is directly involved therein, or unless the
appellate division of the supreme court shall certify that its opinion a question of law is involved
which ought to be reviewed by the court of appeals.
      (8) The legislature may abolish an appeal to the court of appeals as of right in any or all of the
cases or classes of cases specified in paragraph (1) of this subdivision wherein no question
involving the construction of the constitution of the state or of the United States is directly
involved, provided, however, that appeals in any such case or class of cases shall thereupon be
governed by paragraph (6) of this subdivision.
      (9) The court of appeals shall adopt and from time to time may amend a rule to permit the
court to answer question of New York law certified to it by the Supreme Court of the United
States, a court of appeals of the United States or an appellate court of last resort of another state,
which may be determinative of the cause then pending in the certifying court and which in the
opinion of the certifying court are not controlled by precedent in the decisions of the courts of
New York.

Adopted Nov. 5, 1985

*** MEND ***
*** MSTART 232 011.0 006.0 0 NY 1938 1983 ***

Art. 6 Sec. 11.
a. The county court shall have jurisdiction over the following classes of actions and proceedings
which shall be originated in such county court in the manner provided by law, except that actions
and proceedings within the jurisdiction of the district court or a town, village or city court outside
the city of New York may, as provided by law, be originated therein: actions and proceedings for
the recovery of money, actions and proceedings for the recovery of chattels and actions and
proceedings for the foreclosure of mechanics liens and liens on personal property where the
amount sought to be recovered or the value of the property does not exceed twenty-five thousand
dollars exclusive of interest and costs; over all crimes and other violations of law; over summary
proceedings to recover possession of real property and to remove tenants therefrom; and over
such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as
may be provided by law.
b. The county court shall exercise such equity jurisdiction as may be provided by law and its
jurisdiction to enter judgment upon a counterclaim for the recovery of money only shall be
unlimited.
c. The county court shall have jurisdiction to hear and determine all appeals arising in the county
in the following actions and proceedings: as of right, from a judgment or order of the district
court or a town, village or city court which finally determines an action or proceeding and, as
may be provided by law, from a judgment order of any such court which does not finally
determine an action or proceeding.  The legislature may provide, in accordance with the
provisions of section eight of this article, that any or all of such appeals be taken to an appellate
term of the supreme court instead of the county court.
d. The provisions of this section shall in no way limit or impair the jurisdiction of the supreme
court as set forth in section seven of this article.

Amended Nov. 8, 1983

*** MEND ***
*** MSTART 233 008.0 007.0 0 NY 1938 1985 ***

Art. 7 Sec. 8.  
1. The money of the state shall not be given or loaned to or in aid of any private corporation or
association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid
of any individual, or public or private corporation or association, or private undertaking, but the
foregoing provisions shall not apply to any fund or property now held or which may hereafter be
held by the state for educational, mental health or mental retardation purposes.
2. Subject to the limitations on indebtedness and taxation, nothing in this constitution contained
shall prevent the legislature from providing aid, care and support of the needy directly or through
subdivisions of the state; or for the protection by insurance or otherwise, against the hazards of
unemployment, sickness and old age; or for the education and support of the blind, the deaf, the
dumb, the physically handicapped, the mentally ill, the emotionally disturbed, the mentally
retarded or juvenile delinquents as it may deem proper; or for health and welfare services for all
children, dither 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 he state; or for an increase in the amount of
pension benefits of any widow or widower of a retired member of a retirement system of the state
or of a subdivision of the state to whom payable as beneficiary under an optional settlement in
connection with the pension of such member.  The enumeration of legislative powers in this
paragraph shall not be taken to diminish any power of the legislature hitherto existing.
3.  Nothing in this constitution shall prevent the legislature form authorizing the loan of the
money of the state to a public corporation to be organized for the purpose of making loans to
non-profit corporations or for the purpose of guaranteeing loans made by banking organizations,
as that term shall be defined by the legislature, to finance the construction of new industrial or
manufacturing plants, the construction of new buildings to be used for research and development,
the construction of other eligible business facilities, and for the purchase of machinery and
equipment related to such new industrial or manufacturing plants, research and development
buildings, and other eligible business facilities in this state or the acquisition, rehabilitation or
improvement of former or existing industrial or manufacturing plants, buildings to be used for
research and development, other eligible business facilities, and machinery and equipment in this
state, including the acquisition of real property therefor, and the use of such money by such
public corporation for such purposes, to improve employment opportunities in any area of the
state, provided, however, that any such plants, buildings, or facilities or machinery and
equipment therefor shall not be (i) primarily used in making retail sales of goods or services to
customers who personally visit such facilities to obtain such goods or services or (ii) used
primarily as a hotel, apartment house or other place of business which furnishes dwelling space
or accommodation to either residents or transients, and provided further that any loan by such
public corporation shall not exceed sixty per centum of he cost of any such project and the
repayment of which shall be secured by a mortgage thereon which shall not be a junior
incumbrance thereon by more than fifty per centum of such cost or by a security interest if
personalty, and that the amount of any guarantee of a loan made by a banking organization shall
not exceed eighty per centum of the cost of any such project.     

Amended Nov. 5, 1985.

*** MEND ***
*** MSTART 234 011.0 007.0 0 NY 1938 1993 ***

Art. 7 Sec.11.  Except the debts or refunding debts specified in sections 9, 10 and 13 of this
article, no debt shall be hereafter contracted by or in behalf of the state, unless such debt shall be
authorized by law, for some single work or purpose, to be distinctly specified therein.  No such
law shall take effect until it shall, at a general election, have been submitted to the people, and
have received a majority of all the votes cast for and against it at such election nor shall it be
submitted to be voted on within three months after its passage nor at any general election when
any other law or any bill shall be submitted to be voted for or against.
The legislature may, at any time after the approval of such law by the people, if no debt shall
have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid
the contracting of any further debt or liability under such law.

Amended Nov. 2, 1993.

*** MEND ***
*** MSTART 235 012.0 007.0 0 NY 1938 1993 ***

Art. 7 Sec. 12.  Except the debts or refunding debts specified in sections 9, 10 and 13 of this
article, all debts contracted by the state and each portion of any such debt from time to time so
contracted shall be subject to the following rules:
1.  The principal of each debt or any portion thereof shall either be paid in equal annual
installments or in installments that result in substantially level or declining debt service payments
such as shall be authorized by law, or, in the alternative, contributions of principal in the amount
that would otherwise be required to be paid annually shall be made to a sinking fund.
2.  When some portions of the same debt are payable annually while other portions require
contributions to a sinking fund, the entire debt shall be structured so that the combined amount of
annual installments of principal paid and/or annual contributions of principal made in each year
shall be equal to the amount that would be required to be paid if the entire debt were payable in
annual installments. 
3.  When interest on state obligations is not paid at least annually, there shall also be contributed
to a sinking fund at least annually, the amount necessary to bring the balance thereof, including
income earned on contributions, to the accreted value of the obligations to be paid therefrom on
the date such contribution is made, less the sum of all required future contributions of principal,
in the case of sinking fund obligations, or payments of principal, in the case of serial obligations. 
Notwithstanding the foregoing, nothing contained in this subdivision shall be deemed to required
contributions for interest to sinking funds if total debt service due on the debt or portion thereof
in the year such interest is due will be substantially the same as the total debt service due on such
debt or portion thereof in each other year of if the total amount of debt service due in each
subsequent year on such debt or portion thereof shall be less than the total debt service due in
each prior year.
4.  The first annual installment on such debt shall be paid, or the first annual contribution shall be
made to a sinking fund, not more than one year, and the last installment shall be paid, or
contribution made not more than forty years, after such debt or portion thereof shall have been
contracted, provided, however, that in contracting any such debt the privilege of paying all or any
part of such debt prior to the date on which the same shall be due may be reserved to the state in
such manner as may be provided by law.
5.  No such debt shall be contracted for a period longer than that of the probable life of the work
or purpose for which the debt is to be contracted, or in the alternative, the weighted average
period of probable life of the works or purposes for which such indebtedness is to be contracted. 
The probable lives of such works or purposes shall be determined by general laws, which
determination shall be conclusive.
6.  The money arising from any loan creating such debt or liability shall be applied only to the
work or purpose specified in the act authorizing such debt or liability, or for the payment of such
debt or liability, including any notes or obligations issued in anticipation of the sale of bonds
evidencing such debt or liability.
7.  Any sinking funds created pursuant to this section shall be maintained and managed by the
state comptroller or an agent or trustee designated by the state comptroller, and amounts in
sinking funds created pursuant to this section, ad earnings thereon, shall be used solely for the
purpose of retiring the obligations secured thereby except that amounts in excess of the required
balance on any contribution date and amounts remaining in such funds after all of the obligations
secured thereby have been retired shall be deposited in the general fund.  
8.  No appropriation shall be required for disbursement of money, or income earned thereon,
from any sinking fund created pursuant to this section for the purpose of paying principal of and
interest on the obligations for which such fund was created, except that interest shall be paid
from any such fund only if, and the extent that, it is not payable annually and contributions on
account of such interest were made thereto.
9.  The provisions of section 15 of this article shall to apply to sinking funds created pursuant to
this section.
10.  When state obligations are sold at a discount, the debt incurred for purposes of determining
the amount of debt issued or outstanding pursuant to a voter approved bond referendum or other
limitation on the amount of debt that may be issued or outstanding for a work or purpose shall be
deemed to include only the amount of money actually received by the state notwithstanding he
face amount of such obligations.

Amended Nov. 2, 1993.

*** MEND ***  
*** MSTART 236 013.0 007.0 0 NY 1938 1993 ***

Art. 7 Sec. 13.  The legislature may provide means and authority whereby any state debt or debts,
or any portion or combination thereof, may be refunded in accordance with the following
provision:
1.  State debts may be refunded at any time after they are incurred provided that the state will
achieve a debt service savings on a present value basis as a result of the refunding transaction,
and further provided that no maturity shall be called for redemption unless the privilege to pay
prior to the maturity date was reserved to the state.  The legislature may provide for the method
of computation of present value for such purpose.
2.  In no event shall refunding obligations be issued in amount exceeding that necessary to
provide sufficient funds to accomplish the refunding of the obligation to be refunded including
paying all costs and expenses related to the refunding transaction and, in no event, shall the
proceeds of the refunding obligations be applied to any purpose other than accomplishing the
refunding of the debt to be refunded and paying costs and expenses related to the refunding.
3.  Proceeds of refunding obligation shall be deposited in escrow funds which shall be
maintained and managed by the state comptroller or by an agent or trustee designated by the state
comptroller and no legislative appropriation shall be required for disbursement of money, or
income earned thereon, from such escrow funds for the purposes enumerated in this section.
4.  Refunding obligations may be refunded pursuant to this section.
5.  Refunding obligations shall either be paid in annual installments or annual contributions shall
be made to a sinking fund in amounts sufficient to retire the refunding obligations at their
maturity.  No annual installments or contributions of principle need be made with respect to all
or any portion of an issue of refunding obligations or portion thereof is paid or contributed
entirely from an escrow fund created pursuant to subdivision 3 of this section or in years when no
installments or contributions would have been due on the obligations to be refunded.  So long as
any of the refunding obligations remain outstanding, installments or contributions shall be made
in any years that installments or contributions would have been due on the obligations to be
refunded.  
6.  In no event shall the last annual installment or contribution on any portion of refunding debt,
including refunding obligation issued to refund other refunding obligations issued to refund other
refunding obligations, be made after the termination of the period of probable life of the projects
finance d with the debt previously refunded with the refunding obligations to be refunded,
determined as of the date of issuance of the original obligations pursuant to section 12 of this
article to finance such projects, or forty years from such date, if earlier; provided, however, that
in lieu of the foregoing, an entire refunding issue or portion thereof may be structured to mature
over the remaining weighted average useful life of all projects financed with the obligations
being refunded.
7.  Subject to the provisions of subdivision 5 of this section, each annual installment or
contribution of principal of refunding obligations shall be equal to the amount that would be
required by subdivision 1 of section 12 of this article if such installments or contributions were
required to be made from the year that the next installment or contribution would have been due
on the obligations to be refunded, if they had not been refunded, until the final maturity of the
refunding obligations but excluding any year in which no installment contribution would have
been due on the obligations to be refunded or, in the alternative, the total payments of principal
and interest on the refunding bonds shall be less in each year to their final maturity than the total
payments of principal and interest on the bonds to be refunded in each such year. 
8.  The provision of subdivision 3 and subdivision 7 through 9 of section 12 of this article shall
apply to sinking funds created pursuant to this section for the payment at maturity of refunding
obligations.

Amended Nov. 2, 1993

*** MEND ***
*** MSTART 237 016.0 007.0 0 NY 1938 1993 ***

Art. 7 Sec. 16.  The legislature shall annually provide by appropriation for the payment of the
interest upon and installments of principal of all debts or refunding debts created on behalf of the
state except those contracted under section 9 of this article, as the same shall fall due, and for the
contribution to all of the sinking funds created by law, of the amounts annually to be contributed
under the provision of section 12, 13 or 15 of this article.  If at any time the legislature shall fail
to make any such appropriation, the comptroller shall set apart from the first revenues thereafter
received, applicable to the general fund of the state, a sum sufficient to pay such interest,
installments of principal, or contributions to such sinking fund, as the case may be, and shall so
apply the moneys thus set apart.  The comptroller may be required to set aside ane apply such
revenues as aforesaid, at the suit of any holder of such bonds.
Notwithstanding the foregoing provisions of this section, the comptroller may covenant with the
purchasers of any state obligations that they shall have no further rights against the state for
payment of such obligations or any interest thereon after an amount or amounts determined in
accordance with the provision of such covenant is deposited in a described fund or with a named
or described agency or trustee.  In such case, this section shall have no further application with
respect to payment of such obligations or any interest thereon after the comptroller has complied
with the prescribed conditions of such covenant.

Amended Nov. 2, 1993

*** MEND ***
*** MSTART 238 002.0 008.0 0 NY 1938 1993 ***

Art. 8 Sec. 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 for which such
indebtedness is to be contracted, or in the alternative, the weighted average period of probable
usefulness of the several objects or purposes for which such indebtedness is to be contracted, to
be determined by the governing body of the county, city, town, village or school district
contracting such indebtedness pursuant to general or special laws of the state legislature, which
determination shall be conclusive, and in no event for longer than forty years.  Indebtedness or
any portion thereof may be refunded within either such period or probable usefulness, or average
period of probable usefulness, as may be determined by such governing body computed form the
date such indebtedness was contracted.
No indebtedness shall be contracted by any county, city, town, village or school district unless
such county, city, town, village or school district shall have pledged its faith and credit for the
payment of the principal thereof and the interest thereon.  Except for indebtedness contracted in
anticipation of the collection of taxes actually levied and uncollected or to be levied for the year
when such indebtedness is contracted and indebtedness contracted to be paid in one of the two
fiscal years immediately succeeding the fiscal year in which such indebtedness was contracted,
all such indebtedness and each portion thereof, shall be paid in annual installments, the first of
which, except in the case of refunding of indebtedness heretofore contracted, shall be paid not
more than two years after such indebtedness or portion thereof shall have been contracted, and no
installment, except in the case of refunding of indebtedness heretofore contracted, shall be more
than fifty per centum in excess of the smallest prior installment, unless the governing body of the
county, city, town, village or school district contracting such indebtedness provides for
substantially level or declining debt service payments as may be authorized by law.
Notwithstanding the foregoing provisions, indebtedness contracted by the city of New York and
each portion of any such indebtedness from time to time so contracted for the supply of water,
including the acquisition of land in connection with such purpose, may be financed either by
serial bonds with a maximum maturity of fifty years, in which case such indebtedness shall be
paid in annual installments as hereinbefore provided, or by sinking fund bonds with a maximum
maturity of fifty years, which shall be redeemed through annual contributions to sinking funds
established and maintained for the purpose of amortizing the indebtedness for which such bonds
are issued. Notwithstanding the foregoing provisions, indebtedness hereafter contracted by the
city of New York and each portion of any such indebtedness from time to time so contracted for
(a) the acquisition, construction or equipment of rapid transit railroads, or (b) the construction of
docks, including the acquisition of land in connection with any of such purposes, may be
financed either by serial bonds with a maximum maturity of forty years, in which case such
indebtedness shall be paid in annual installments as hereinbefore provided, or by sinking fund
bonds with a maximum maturity of forty years, which shall be redeemed through annual
contributions to sinking funds established and maintained for the purpose of amortizing the
indebtedness for which such bonds are issued.        
     Notwithstanding the foregoing provisions, but subject to such requirements as the legislature
shall impose by general or special law, indebtedness contracted by any county, city, town, village
or school district and each portion thereof from time to time contracted for any object or purpose
for which indebtedness may be contracted may also be financed by sinking fund bonds with a
maximum maturity of fifty years, which shall be redeemed through annual contributions to
sinking funds established by such county, city, town, village or school district, provided,
however, that each such annual contribution shall be at least equal to the amount required, if any,
to enable the sinking fund to redeem, on the date of the contribution, the same amount of such
indebtedness as would have been paid and then be payable if such indebtedness had been
financed entirely by the issuance of serial bonds, except, if an issue of sinking fund bonds is
combined for sale with an issue of serial bonds, for the same object or purpose, then the amount
of each annual sinking fund contribution shall be at least equal to the amount required, if any, to
enable the sinking fund to redeem, on the date of each such annual contribution, (i) the amount
which would be required to be paid annually if such indebtedness had been issued entirely as
serial bonds, less (ii) the amount of indebtedness, if any, to be paid during such year on the
portion of such indebtedness actually issued as serial bonds. Sinking funds established on or after
January first, nineteen hundred eighty-six pursuant to the preceding sentence shall be maintained
and managed by the state comptroller pursuant to such requirements and procedures as the
legislature shall prescribe, including provisions for reimbursement by the issuer of bonds payable
from such sinking funds for the expenses related to such maintenance and management. 
Provisions shall be made annually by appropriation by every county, city, town, village and
school district for the payment of interest on all indebtedness and for the amounts required for (a)
the amortization and redemption of term bonds, sinking fund bonds and serial bonds, (b) the
redemption of certificates or other evidence of indebtedness (except those issued in anticipation
of the collection of taxes or other revenues, or renewals thereof, and which are described in
paragraph A of section five of this article and those issued in anticipation of the receipt of the
proceeds of the sale of bonds theretofore authorized) contracted to be paid in such year out of the
tax levy or other revenues applicable to a reduction thereof, and (c) the redemption of certificates
or other evidence of indebtedness issued in anticipation of the collection of taxes or other
revenues, or renewals thereof, which are not retired within five years after their date of original
issue. If at any time the respective appropriating
authorities shall fail to make such appropriations, a sufficient sum shall be set apart from the first
revenues thereafter received and shall be applied to such purposes. The fiscal officer of any
county, city, town, village or school district may be required to set apart and apply such revenues
as aforesaid at the suit of any holder of obligations issued for any such indebtedness.
     Notwithstanding the foregoing, all interest need not be paid annually on an issue of
indebtedness provided that either (a) substantially level or declining debt service payments
(including all payments of interest) shall be made over the life of such issue of indebtedness, or
(b) there shall annually be contributed to a sinking fund created pursuant to this section, the
amount necessary to bring the balance thereof, including income earned on contributions, to the
accreted value of the obligations to be paid therefrom on the date such contribution is made, less
the sum of all required future contributions of principal, in the case of sinking fund obligations,
or payments of principal, in the case of serial obligations. When obligations are sold by a county,
city, town, village or school district at a discount, the debt incurred for the purposes of any debt
limitation contained in this constitution, shall be deemed to include only the amount of  money
actually received by the county, city, town, village or school district, irrespective of the face
amount of the obligations.

Amended Nov. 2, 1993

*** MEND *** 
*** MSTART 239 005.0 008.0 0 NY 1938 1993 ***

Art. 8 Sec. 5  In ascertaining the power of a county, city, town or village to contract indebtedness,
there shall be excluded:
A. Certificates or other evidences of indebtedness (except serial bonds of an issue having a
maximum maturity of more than two years) issued for purposes other than the financing of
capital improvements and contracted to be redeemed in one of the two fiscal years immediately
succeeding the year of their issue, and certificates or other evidences of indebtedness issued in
any fiscal year in anticipation of (a) the collection of taxes on real estate for amounts theretofore
actually levied and uncollected or to be levied in such year and payable out of such taxes, (b)
moneys receivable from the state which have theretofore been apportioned by the state or which
are to be so apportioned within one year after their issue and (c) the collection of any other taxes
due and payable or to become due and payable within one year or of other revenues to be
received within one year after their issue; excepting any such certificates or other evidences of
indebtedness or renewals thereof which are not retired within five years after their date of
original issue.
B. Indebtedness heretofore or hereafter contracted to provide for the supply of water.
C. Indebtedness heretofore or hereafter contracted by any county, city, town or village for a
public improvement or part thereof, or service, owned or rendered by such county, city, town or
village, annually proportionately to the extent that the same shall have yielded to such county,
city, town or village net revenue; provided, however, that such net revenue shall be twenty-five
per centum or more of the amount required in such year for the payment of the interest on,
amortization of, or payment of, such indebtedness. Such exclusion shall be granted only if the
revenues of such public improvement or part thereof, or service, are applied to and actually used
for payment of all costs of operation, maintenance and repairs, and payment of the amounts
required in such year for interest on and amortization of or redemption of such indebtedness, or
such revenues are deposited in a special fund to be used solely for such  payments. Any revenues
remaining after such payments are made may be used for any lawful purpose of such county, city,
town or village, respectively.
Net revenue shall be determined by deducting from gross revenues of the preceding year all costs
of operation, maintenance and repairs for such year, or the legislature may provide that net
revenue shall be determined by deducting from the average of the gross revenues of not to exceed
five of the preceding years during which the public improvement or part thereof, or service, has
been in operation, the average of all costs of operation, maintenance and repairs for the same
years.
A proportionate exclusion of indebtedness contracted or proposed to be contracted also may be
granted for the period from the date when such indebtedness is first contracted or to be
contracted for such public improvement or part thereof, or service, through the first year of
operation of such public improvement or part thereof, or service. Such exclusion shall be
computed in the manner provided in this section on the basis of estimated net revenue which
shall be determined by deducting from the gross revenues estimated to be received during the
first year of operation of such public improvement or part thereof, or service, all estimated costs
of operation, maintenance and repairs for such year. The amount of any such proportionate
exclusion shall not exceed seventy-five per centum of the amount which would be excluded if
the computation were made on the basis of net revenue instead of estimated net revenue.
Except as otherwise provided herein, the legislature shall prescribe the method by which and the
terms and conditions under which the proportionate amount of any such indebtedness to be so
excluded shall be determined and no proportionate amount of such indebtedness shall be
excluded except in accordance with such determination. The legislature may provide that the
state comptroller shall make such determination or it may confer appropriate jurisdiction on the
appellate division of the supreme court in the judicial departments in which such counties, cities,
towns or villages are located for the purpose of determining the proportionate amount of any
such indebtedness to be so excluded.
The provisions of this paragraph C shall not affect or impair any existing exclusions of
indebtedness, or the power to exclude indebtedness, granted by any other provision of this
constitution.
D. Serial bonds, issued by any county, city, town or village which now maintains a pension or
retirement system or fund which is not on an actuarial reserve basis with current payments to the
reserve adequate to provide for all current accruing liabilities. Such bonds shall not exceed in the
aggregate an amount sufficient to provide for the payment of the liabilities of such system or
fund, accrued on the date of issuing such bonds, both on account of pensioners on the pension
roll on that date and prospective pensions to dependents of such pensioners and on account of
prior service of active members of such system or fund on that date. Such bonds or the proceeds
thereof shall be deposited in such system or fund. Each such pension or retirement system or
fund thereafter shall be maintained on an actuarial reserve basis with current payments to the
reserve
adequate to provide for all current accruing liabilities.
E. Indebtedness contracted on or after January first, nineteen hundred sixty-two and prior to
January first, two thousand four, for the construction or reconstruction of facilities for the
conveyance, treatment and disposal of sewage. The legislature shall prescribe the method by
which and the terms and conditions under which the amount of any such indebtedness to be
excluded shall be determined, and no such indebtedness shall be excluded except in accordance
with such determination.

Amended Nov. 2, 1993

*** MEND ***
*** MSTART 240 010.0 008.0 0 NY 1938 1985 ***

Art. 8 Sec. 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) 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 Nov. 8, 1985

*** MEND ***
*** MSTART 241 008.0 010.0 0 NY 1938 1991 ***

Art. 10 Sec. 8  Notwithstanding any provision of this or any other article of this constitution, the
legislature may by law, which shall take effect without submission to the people, make or
authorize making the state liable for the payment of the principal of and interest on bonds of a
public corporation to be created pursuant to and for the purposes specified in the last paragraph
of section eight of article seven of this constitution, maturing in not to exceed thirty years after
their respective dates, and for the principal of and interest on notes of such corporation issued in
anticipation of such bonds, which notes and any renewals thereof shall mature within seven years
after the respective dates of such notes, provided that the aggregate principal amount of such
bonds with respect to which the state shall be so liable shall not at any one time exceed nine
hundred million dollars, excluding bonds issued to refund outstanding bonds.

Amended Nov. 5, 1991

*** MEND ***
*** MSTART 242 013.0 013.0 0 NY 1938 1989 ***

Art. 13 Sec. 13  (a) Except in counties in the city of New York and except as authorized in
section one of article nine of this constitution, registers in counties having registers shall be
chosen by the electors of the respective counties once in every three years and whenever the
occurring of vacancies shall require; the sheriff and the clerk of each county shall be chosen by
the electors once in every three or four years as the legislature shall direct. Sheriffs shall hold no
other office. They may be required by law to renew their security, from time to time; and in
default of giving such new security, their offices shall be deemed vacant. 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 he shall give to such officer a copy of the charges against him and an
opportunity of being heard in his defense. In each county a district attorney shall be chosen by the
electors once in every three or four years as the legislature shall direct. The clerk of each county
in the city of New York shall be appointed, and be subject to removal, by the appellate division
of the supreme court in the judicial department in which the county is located. In addition to his
powers and duties as clerk of the supreme court, he shall have power to select, draw, summon
and empanel grand and petit jurors in the manner and under the conditions now or hereafter
prescribed by law, and shall have such other powers and duties as shall be prescribed by the city
from time to time by local law.
(b) Any district attorney who shall fail faithfully to prosecute a person charged with the violation
in his county of any provision of this article which may come to his knowledge, shall be removed
from office by the governor, after due notice and an opportunity of being heard in his defense.
The expenses which shall be incurred by any county, in investigating and prosecuting any charge
of bribery or attempting to bribe any person holding office under the laws of this state, within
such county, or of receiving bribes by any such person in said county, shall be a charge against
the state, and their payment by the state shall be provided for by law.
(c) The city of New York is hereby vested with power from time to time to abolish by local law,
as defined by the legislature, the office of any county officer within the city other than judges,
clerks of counties and district attorneys, and to assign any or all functions of such officers to city
officers, courts or clerks of counties, and to prescribe the powers, duties, qualifications, number,
mode of selection and removal, terms of office and compensation of the persons holding such
offices and the employees therein, and to assign to city officers any powers or duties of clerks of
counties not assigned by this constitution. The legislature shall not pass any law affecting any
such matters in relation to such offices within the city of New York except on message from the
governor declaring that an emergency exists and the concurrent action of two-thirds of the
members of each house, except that existing laws regarding each such office shall continue in
force, and may be amended or repealed by the legislature as heretofore, until the power herein
granted to the city has been exercised with respect to that office. The provisions of article nine
shall not prevent the legislature from passing general or special laws prescribing or affecting
powers and duties of such city officers or such courts or clerks to whom or which functions of
such county officers shall have been so assigned, in so far as such powers or duties embrace
subjects not relating to property, affairs or government of such city.

Amended Nov. 1989 [no exact date given in constitution]

*** MEND ***
*** MSTART 243 001.0 014.0 0 NY 1938 1991 ***

Art. 14 Sec 1. The lands of the state, now owned or hereafter acquired, constituting the forest
preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased,
sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon
be sold, removed or destroyed. Nothing herein contained shall prevent the state from
constructing, completing and maintaining any highway heretofore specifically authorized by
constitutional amendment, nor from constructing and maintaining to federal standards federal aid
interstate highway route five hundred two from a point in the vicinity of the city of Glens Falls,
thence northerly to the vicinity of the villages of Lake George and Warrensburg, the hamlets of
South Horicon and Pottersville and thence northerly in a generally straight line on the west side
of Schroon Lake to the vicinity of the hamlet of Schroon, then continuing northerly to the vicinity
of Schroon Falls, Schroon River and North Hudson, and to the east of Makomis Mountain, east
of the hamlet of New Russia, east of the village of Elizabethtown and continuing northerly in the
vicinity of the hamlet of Towers Forge, and east of Poke-O-Moonshine Mountain and continuing
northerly to the vicinity of the village of Keeseville and the city of Plattsburgh, all of the
aforesaid taking not to exceed a total of three hundred acres of state forest preserve land, nor
from constructing and maintaining not more than twenty-five miles of ski trails thirty to two
hundred feet wide, together with appurtenances thereto, provided that no more than five miles of
such trails shall be in excess of one hundred twenty feet wide, on the north, east and northwest
slopes of Whiteface Mountain in Essex county, nor from constructing and maintaining not more
than twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances
thereto, provided that no more than two miles of such trails shall be in excess of one hundred
twenty feet wide on the slopes of Belleayre Mountain in Ulster and Delaware counties and not
more than forty miles of ski trails thirty to two hundred feet wide, together with appurtenances
thereto, provided that no more than eight miles of such trails shall be in excess of one hundred
twenty feet wide on the slopes of Gore and Pete Gay mountains in Warren county, nor from
relocating, reconstructing and maintaining a total of not more than fifty miles of existing state
highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a
total of no more than four hundred acres of forest preserve land shall be used for such purpose
and that no single relocated portion of any highway shall exceed one mile in length.
Notwithstanding the foregoing provisions, the state may convey to the village of Saranac Lake
ten acres of forest preserve land adjacent to the boundaries of such village for public use in
providing for refuse disposal and in exchange therefore the village of Saranac Lake shall convey
to the state thirty acres of certain true forest land owned by such village on Roaring Brook in the
northern half of Lot 113, Township 11, Richards Survey. Notwithstanding the foregoing
provisions, the state may convey to the town of Arietta twenty-eight acres of forest preserve land
within such town for public use in providing for the extension of the runway and landing strip of
the Piseco airport and in exchange therefor the town of Arietta shall convey to the state thirty
acres of certain land owned by such town in the town of Arietta. Notwithstanding the foregoing
provisions and subject to legislative approval of the tracts to be exchanged prior to the actual
transfer of title, the state, in order to consolidate its land holdings for better management, may
convey to International Paper Company approximately eight thousand five hundred acres of
forest preserve land located in townships two and three of Totten and Crossfield's Purchase and
township nine of the Moose River Tract, Hamilton county, and in exchange therefore
International Paper Company shall convey to the state for incorporation into the forest preserve
approximately the same number of acres of land located within such townships and such County
on condition that the legislature shall determine that the lands to be received by the state are at
least equal in value to the lands to be conveyed by the state. Notwithstanding the foregoing
provisions and subject to legislative approval of the tracts to be exchanged prior to the actual
transfer of title and the conditions herein set forth, the state, in order to facilitate the preservation
of historic buildings listed on the national register of historic places by rejoining an historic
grouping of buildings under unitary ownership and stewardship, may convey to Sagamore
Institute, Inc., a not-for-profit educational organization, approximately ten acres of land and
buildings thereon adjoining the real property of the Sagamore Institute, Inc. and located on
Sagamore Road, near Racquette Lake Village, in the Town of Long Lake, county of Hamilton,
and in exchange there for; Sagamore Institute, Inc. shall convey to the state for incorporation into
the forest preserve approximately two hundred acres of wild forest land located within the
Adirondack Park on condition that the legislature shall determine that the lands to be received by
the state are at least equal in value to the lands and buildings to be conveyed by the state and that
the natural and historic character of the lands and buildings conveyed by the state will be secured
by appropriate covenants and restrictions and that the lands and buildings conveyed by the state
will reasonably be available for public visits according to agreement between Sagamore Institute,
Inc. and the state. Notwithstanding the foregoing provisions the state may convey to the town of
Arietta fifty acres of forest preserve land within such town for public use in providing for the
extension of the runway and landing strip of the Piseco airport and providing for the maintenance
of a clear zone around such runway, and in exchange therefor, the town of Arietta shall convey to
the state fifty-three acres of true forest land located in lot 2 township 2 Totten and Crossfield's
Purchase in the town of Lake Pleasant. 

Amended Nov. 5, 1991

*** MEND ***
*** MSTART 244 001.0 014.0 0 NY 1938 1995 ***  

Art. 14 Sec. 1.  The lands of the state, now owned or hereafter acquired, constituting the forest
preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased,
sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon
be sold, removed or destroyed. Nothing herein contained shall prevent the state from
constructing, completing and maintaining any highway heretofore specifically authorized by
constitutional amendment, nor from constructing and maintaining to federal standards federal aid
interstate highway route five hundred two from a point in the vicinity of the city of Glens Falls,
thence northerly to the vicinity of the villages of Lake George and Warrensburg, the hamlets of
South Horicon and Pottersville and thence northerly in a generally straight line on the west side
of Schroon Lake to the vicinity of the hamlet of Schroon, then continuing northerly to the vicinity
of
Schroon Falls, Schroon River and North Hudson, and to the east of Makomis Mountain, east of
the hamlet of New Russia, east of the village of Elizabethtown and continuing northerly in the
vicinity of the hamlet of Towers Forge, and east of Poke-O-Moonshine Mountain and continuing
northerly to the vicinity of the village of Keeseville and the city of Plattsburgh, all of the
aforesaid taking not to exceed a total of three hundred acres of state forest preserve land, nor
from constructing and maintaining not more than twenty-five miles of ski trails thirty to two
hundred feet wide, together with appurtenances thereto, provided that no more than five miles of
such trails shall be in excess of one hundred twenty feet wide, on the north, east and northwest
slopes of Whiteface Mountain in Essex county, nor from constructing and maintaining not more
than twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances
thereto, provided that no more than two miles of such trails shall be in excess of one hundred
twenty feet wide, on the slopes of Belleayre  Mountain in Ulster and Delaware counties and not
more than forty miles of ski trails thirty to two hundred feet wide, together with appurtenances
thereto, provided that no more than eight miles of such trails shall be in excess of one hundred
twenty feet wide, on the slopes of Gore and Pete Gay mountains in Warren county, nor from
relocating, reconstructing and maintaining a total of not more than fifty miles of existing state
highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a
total of no more than four hundred acres of forest preserve land shall be used for such purpose
and that no single relocated portion of any highway shall exceed one mile in length.
Notwithstanding the foregoing provisions, the state may convey to the village of Saranac Lake
ten
acres of forest preserve land adjacent to the boundaries of such village for public use in providing
for refuse disposal and in exchange therefore the village of Saranac Lake shall convey to the state
thirty acres of certain true forest land owned by such village on Roaring Brook in the northern
half of Lot 113, Township 11, Richards Survey. Notwithstanding the foregoing provisions, the
state may convey to the town of Arietta twenty-eight acres of forest preserve land within such
town for public use in providing for the extension of the runway and landing strip of the Piseco
airport and in exchange therefor the town of Arietta shall convey to the state thirty acres of
certain land owned by such town in the town of Arietta. Notwithstanding the foregoing
provisions and subject to legislative approval of the tracts to be exchanged prior to the actual
transfer of title, the state, in order to consolidate its land holdings for better management, may
convey to International Paper Company approximately eight thousand five hundred acres of
forest preserve land located in townships two and three of Totten and Crossfield's Purchase and
township nine of the Moose River Tract, Hamilton county, and in exchange therefore
International Paper Company shall convey to the state for incorporation into the forest preserve
approximately the same number of acres of land located within such townships and such County
on condition that the legislature shall determine that the lands to be received by the state are at
least equal in value to the lands to be conveyed by the state. Notwithstanding the foregoing
provisions and subject to legislative approval of the tracts to be exchanged prior to the actual
transfer of title and the conditions
herein set forth, the state, in order to facilitate the preservation of historic buildings listed on the
national register of historic places by rejoining an historic grouping of buildings under unitary
ownership and stewardship, may convey to Sagamore Institute Inc., a not-for-profit educational
organization, approximately ten acres of land and buildings thereon adjoining the real property of
the Sagamore Institute, Inc. and located on Sagamore Road, near Racquette Lake Village, in the
Town of Long Lake, county of Hamilton, and in exchange therefor; Sagamore Institute, Inc. shall
convey to the state for incorporation into the forest preserve approximately two hundred acres of
wild forest land located within the Adirondack Park on condition that the legislature shall
determine that the lands to be received by the state are at least equal in value to the lands and
buildings to be conveyed by the state and that the natural and historic character of the lands and
buildings conveyed by the state will be secured by appropriate covenants and restrictions and that
the lands and buildings conveyed by the state will reasonably be available for public visits
according to agreement between Sagamore Institute, Inc. and the state. Notwithstanding the
foregoing provisions the state may convey to the town of Arietta fifty acres of forest preserve
land within such town for public use in providing for the extension of the runway and landing
strip of the Piseco airport and providing for the maintenance of a clear zone around such
runaway, and in exchange therefor, the town of Arietta shall convey to the state fifty-three acres
of true forest land located in lot 2 township 2 Totten and Crossfield's Purchase in the town of
Lake Pleasant.
Notwithstanding the foregoing provisions and subject to legislative approval prior to actual
transfer of title, the state may convey to the town of Keene, Essex county, for public use as a
cemetery owned by such town, approximately twelve acres of forest preserve land within such
town and, in exchange therefor, the town of Keene shall convey to the state for incorporation into
the forest preserve approximately one hundred forty-four acres of land, together with an easement
over land owned by such town including the riverbed adjacent to the land to be conveyed to the
state that will restrict further development of such land, on condition that the legislature shall
determine that the property to be received by the state is at least equal in value to the land to be
conveyed by the state.

Amended Nov. 7, 1995

*** MEND ***
*** MSTART 245 002.0 015.0 0 NY 1938 1991 ***

Art. 15 Sec. 2.   The prohibition of sale, abandonment or other disposition contained in section
one of this article shall not apply to barge canal lands, barge canal terminals or barge canal
terminal lands which have or may become no longer necessary or useful for canal or terminal
purposes; nor to any canal lands and appertaining structures constituting the canal system prior to
the barge canal improvement which have or may become no longer necessary or useful in
conjunction with the now existing barge canal. The legislature may by appropriate legislation
authorize the sale, exchange, abandonment or other disposition of any barge canal lands, barge
canal terminals, barge canal terminal lands or other canal lands and appertaining structures which
have or may become no longer necessary or useful as a part of the barge canal system, as an aid
to navigation thereon, or for barge canal terminal purposes.
  
Amended Nov. 5, 1991
       
*** MEND ***

*** CEND ***