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THE CONSTITUTION OF THE STATE OF NEW YORK, 1938 

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WE, THE PEOPLE Of the State of New York, grateful to Almighty God for our Freedom, in order its
blessings, do establish this Constitution.
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ARTICLE I

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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.

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2. Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall
remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to
be prescribed by law. The legislature may provide, however, by law, that a verdict may be rendered by
not less than five-sixths of the jury in any civil case. A jury trial may be waived by the defendant in all
criminal cases, except those in which the crime charged may be punishable by death, written instrument
signed by the defendant in person in open court before and with the approval of a judge or justice of a
court having jurisdiction to try the offense.  The legislature may enact laws, not inconsistent herewith,
governing the form, content, manner and time of presentation of the instrument effectuating such waiver.

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3.  The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed in this state to all mankind; and no person shall be rendered
incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of
conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of this state.

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4.  The privilege of a writ or order of habeas corpus shall not be suspended, unless, in case of rebellion
or invasion, the public safety requires it.

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5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual
punishments be inflicted, nor shall witnesses be unreasonably detained.

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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
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 a grand jury,
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 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.

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7. (a) Private property shall not be taken for public use without just compensation.
    (b) When private property shall be taken for any public use, the compensation to be made therefor,
when such compensation   is not made by the state, shall be ascertained by a jury, or by the supreme
court without a jury, but not with a referee other than an official referee, or by not less than three
commissioners appointed by a court of record, as shall be prescribed by law.
    (c) Private roads may be opened in the manner to be prescribed by law; but in every case the
necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first
determined by a jury of freeholders, and such amount, together with the expenses of the proceedings,
shall be paid by the person to be benefited.
    (d) The use of property for the drainage of swamp or agricultural lands is declared to be a public
use, and general laws may be passed permitting the owners or occupants of swamp or agricultural lands
to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands
of others, under proper restrictions, on making just compensation, and such compensation together with
the cost of such drainage may be assessed, wholly or partly, against any property benefited thereby; but
no special laws shall be enacted for such purposes.
    (e) The legislature may authorize cities and counties to take more land and property than is
needed for actual construction in the laying out, widening, extending or relocating parks, public places,
highways or streets; provided, however, that the additional land and property so authorized to be taken
shall be no more than sufficient to form suitable building sites abutting on such park, public place,
highway or street. After so much of the land and property has been appropriated for such park, public
place, highway or street as is needed therefor, the remainder may be sold or leased. 

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8.  Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for
the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the
press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the
jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with
good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to
determine the law and the fact.

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9. No law shall be passed abridging the right 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, nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, or any other
kind of gambling hereafter be authorized or allowed within this state; and the legislature shall pass
appropriate laws to prevent offenses against any of the provisions of this section.

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10. The people of the state, in their right of sovereignty, possess the original and ultimate property in
and to all lands within the jurisdiction of the state. All lands shall forever remain allodial so that the entire
and absolute property is vested in the owners, according to the nature of their respective estates. All
lands the title of which shall fail, from a defect of heirs, shall revert, or escheat to the people. 

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11.  No person shall be denied the equal protection of the laws of this state or any subdivision thereof. 
No person shall, because of race, color, creed or religion, be subjected to any discrimination in his civil
rights by any other person or by any firm, corporation, or institution, or by the state or any agency or
subdivision of the state. 

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12. The right of the people to be secure in their persons, houses, papers and effects, against
unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.  The right of the people to be secure against unreasonable
interception of telephone and telegraph communications shall not be violated, and ex parte orders or
warrants shall issue only upon oath or affirmation that there is reasonable ground to believe that
evidence of crime may be thus obtained, and identifying the particular means of communication, and
particularly describing the person or persons whose communications are to be intercepted and the
purpose thereof.

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13. No purchase or contract for the sale of lands in this state, made since the fourteenth day of
October, one thousand seven hundred seventy-five; or which may hereafter be made of, or with the
Indians, shall be valid unless made under the authority, and with the consent of the legislature. 

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14. Such parts of the common law, and of the acts of the legislature of the colony of New York, as
together did form the law of the said colony, on the nineteenth day of April, one thousand seven
hundred seventy-five, and the resolutions of the congress of the said colony, and of the convention of
the State of New York, in force on the twentieth day of April, one thousand seven hundred seventy-
seven, which have not since expired, or been repealed or altered; and such acts of the legislature of this
state as are now in force, shall be and continue the law of this state, subject to such alterations as the
legislature shall make concerning the same.  But all such parts of the common law, and such of the said
acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.  

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15. All grants of land within this state, made by the king of Great Britain, or persons acting under his
authority, after the fourteenth day of October, one thousand seven hundred seventy-five, shall be null
and void; but nothing contained in this constitution shall affect any grants of land within this state, made
by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and
corporate, by him or them made before that day; or shall affect any such grants or charters since made
by this state, or by persons acting under its authority; or shall impair the obligation of any debts,
contracted by the state or individuals, or bodies corporate, or any other rights of property, or any suits,
actions, rights of action, or other proceedings in courts of justice. 

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16. The right of action now existing to recover damages for injuries resulting in death, shall never be
abrogated; and the amount recoverable shall not be subject to any statutory limitation. 

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17. Labor of human beings is not a commodity nor an article of commerce and shall never be so
considered or construed.  No laborer, workman or mechanic, in the employ of a contractor or
subcontractor engaged in the performance of any public work, shall be permitted to work more than
eight hours in any day or more than five days in any week, except in cases of extraordinary emergency;
nor shall he be paid less than the rate of wages prevailing in the same trade or occupation in the locality
within the state where such public work is to be situated, erected or used.
     Employees shall have the right to organize and to  bargain collectively through representatives of
their own choosing.

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18.  Nothing contained in this constitution shall be construed to limit the power of the legislature to
enact laws for the protection of the lives, health, or safety of employees; or for the payment, either by
employers, or by employers and employees or otherwise, either directly or through a state or other
system of insurance or otherwise, of compensation for injuries to employees or for death of employees
resulting from such injuries without regard to fault as a cause thereof, except where the injury is
occasioned by the wilful intention of the injured employee to bring about the injury or death of himself
or of another, or where the injury results solely from the intoxication of the injured employee while on
duty; or for the adjustment, determination and settlement, with or without trial by jury, of issues which
may arise under such legislation; or to provide that the right of such compensation, and the remedy
therefor shall be exclusive of all other rights and remedies for injuries to employees or for death resulting
from such injuries; or to provide that the amount of such compensation  for death shall not exceed a
fixed or determinable sum; provided that all moneys paid by an employer to his employees or their legal
representatives, by reason of the enactment of any of the laws herein authorized, shall be held to be a
proper charge in the cost of operating the business of the employer.  (Formerly  19.  Renumbered by
Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)

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ARTICLE II

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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 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 be 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 in time of war no elector in the actual military service of the state, or of the United States, in the
army or navy thereof, 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.
     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.  

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2.  The legislature may, by general law, provide a manner in which, and the time and place at which,
qualified voters who may, on the occurrence of any general election, be unavoidably absent from the
state or county 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 require them to
be elsewhere within the United States, may vote, and for the return and canvass of their votes in the
election district in which they respectively reside.

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3. No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute,
offer or promise to contribute to another, to be paid or used, any money or other valuable thing as a
compensation or reward for the giving or withholding a vote at an election, or who shall make any
promise to influence the giving or withholding any such vote, or who shall make or become directly or
indirectly interested in any bet or wager depending upon the result of any election, shall vote at such
election; and upon challenge for such cause, the person so challenged, before the officers authorized for
that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or
offered, does not expect to receive, has not paid, offered or promised to pay, contributed, offered or
promised to contribute to another, to be paid or used, any money or other valuable thing as a
compensation or reward for the giving or withholding a vote at such election, and has not made any
promise to influence the giving or withholding of any such vote, nor made or become directly or
indirectly interested in any bet or wager depending upon the result of such election.  The legislature shall
enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous
crime.  

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4.  For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason
of his presence or absence, while employed in the service of the United States; nor while engaged in the
navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of
any seminary of learning; nor while kept at any almshouse, or other asylum, or institution wholly or
partly supported at public expense or by charity; nor while confined in any public prison. 

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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 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. 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. 

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6.  The legislature may provide by law for a system or systems of registration whereby upon personal
application a voter may be registered and his registration continued so long as he shall remain qualified
to vote from the same address, or for such shorter period as the legislature may prescribe. 

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7.  All elections by the citizens, except for such town officers as may by law be directed to be
otherwise chosen, shall be by ballot, or by such other method as may be prescribed by law, provided
that secrecy in voting be preserved. The legislature shall provide for identification of voters through their
signatures in all cases where personal registration is required and shall also provide for the signatures, at
the time of voting, of all persons voting in person by ballot or voting machine, whether or not they have
registered in person, save only in cases of illiteracy or physical disability.

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8.  All laws creating, regulating or affecting boards or officers charged with the duty of registering
voters, or of distributing ballots to voters, or of receiving, recording or counting votes at elections, shall
secure equal representation of the two political parties which, at the general election next preceding that
for which such boards or officers are to serve, cast the highest and the next highest number of votes. 
All such boards and officers shall be appointed or elected in such manner, and upon the nomination of
such representatives of said parties respectively, as the legislature may direct.  Existing laws on this
subject shall continue until the legislature shall otherwise provide.  This section shall not apply to town,
or village elections.  

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ARTICLE III

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1. The legislative power of this State shall be vested in the Senate and Assembly.

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2.  The senate shall consist of fifty members, except as hereinafter provided.  The senators elected in
the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their
successors shall be chosen for two years.  The assembly shall consist of one hundred and fifty
members.  The assemblymen elected in the year one thousand nine hundred and thirty-eight, and their
successors, shall be chosen for two years.

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 3. The state shall be divided into fifty districts to be called senate districts, each of which shall choose
one senator.  The districts shall be numbered from one to fifty, inclusive.
District number one (1) shall consist of the counties of Suffolk and Richmond
District number two (2) shall consist of the county of Queens.
District number three (3) shall consist of that part of the county of Kings comprising the first, second,
third, fourth, fifth and sixth wards of the city of Brooklyn.
District number four (4) shall consist of that part of the county of Kings comprising the seventh,
thirteenth, nineteenth and twenty-first wards of the city of Brooklyn.
District number five (5) shall consist of that part of the county of Kings comprising the eighth, tenth,
twelfth and thirtieth wards of the city of Brooklyn, and the ward of the city of Brooklyn which was
formerly the town of Gravesend.
District number six (6) shall consist of that part of the county of Kings comprising the ninth, eleventh,
twentieth and twenty-second wards of the city of Brooklyn.
District number seven (7) shall consist of that part of the county of Kings comprising the fourteenth,
fifteenth, sixteenth and seventeenth wards of the city of Brooklyn.
District number eight (8) shall consist of that part of the county of Kings comprising the twenty-third,
twenty-fourth, twenty-fifth and twenty-ninth wards of the city of Brooklyn, and the town of Flatlands.
District number nine (9) shall consist of that part of the county of Kings comprising the eighteenth,
twenty-sixth, twenty-seventh and twenty-eighth wards of the city of Brooklyn.
District number ten (1) shall consist of that part of the county of New York within and bounded by a
line beginning at Canal street and the Hudson river, and running thence along Canal street, Hudson
street, Dominick street, Varick street, Broome street, Sullivan street, Spring street, Broadway, Canal
street, the Bowery, Division street, Grand street and Jackson street, to the East river and thence around
the southern end of Manhattan Island, to the place of beginning, and also Governor's, Bedloe's and
Ellis islands.
District number eleven (11) shall consist of that part of the county of New York lying north of district
number ten, and within and bounded by a line beginning at the junction of Broadway and Canal street,
and running thence along Broadway, Fourth street, the Bowery and Third avenue, St. Mark's place,
Avenue A, Seventh street, Avenue B, Clinton street, Rivington street, Norfolk street, Division street,
Bowery and Canal street, to the place of beginning.  
District number twelve (12) shall consist of that part of the county of New York lying north of districts
numbers ten and eleven and within and bounded by a line beginning at Jackson street and the East river,
and running thence through Jackson street, Grand street, Division street, Norfolk street, Rivington
street, Clinton street, Avenue B, Seventh street, Avenue A. St. Mark's place, Third avenue, East
Fourteenth street to the East river, and along the East river, to the place of beginning.
District number thirteen (13) shall consist of that part of the county of New York lying north of district
number ten, and within and bounded by a line beginning at the Hudson river at the foot of Canal street,
and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street,
Sullivan street, Spring street, Broadway, Fourth street, the Bowery and Third avenue, Fourteenth
street, Sixth avenue, West Fifteenth street, Seventh avenue, West Nineteenth street, Eighth avenue,
West Twentieth street, and the Hudson river, to the place of beginning.
District number fourteen (14) shall consist of that part of the county of New York lying north of districts
numbers twelve and thirteen, and within and bounded by a line beginning at East Fourteenth street and
the East river, and running thence along East Fourteenth street, Irving place, East Nineteenth street,
Third avenue, East Twenty-third street, Lexington avenue, East Fifty-third street, Third avenue, East
Fifty-second street, and the East river, to the place of
beginning. 
District number fifteen (15) shall consist of that part of the county of New York lying north of district
number thirteen, and within and bounded by a line beginning at the junction of West Fourteenth street
and Sixth avenue, and running thence along Sixth avenue, West Fifteenth street, Seventh avenue, West
Fortieth street, Eighth avenue, and the transverse road across Central park at Ninety-seventh street,
Fifth avenue, East Ninety-sixth street, Lexington avenue, East Twenty-third street, Third avenue, East-
Nineteenth street, Irving place and Fourteenth street, to the place of beginning.
District number sixteen (16) shall consist of that part of the county of New York lying north of district
number thirteen, and within and bounded by a line beginning at Seventh avenue and West nineteenth
street, and running thence along West Nineteenth  street, Eighth avenue, West Twentieth street, the
Hudson river, West Forty-sixth street, Tenth avenue, West Forty-third street, Eighth avenue, West
Fortieth street and Seventh avenue, to the 
place of beginning.
District number seventeen (17) shall consist of that part of the county of New York lying north of
district number sixteen, and within and bounded by a line beginning at the junction of Eighth avenue and
West 
Forty-third street, and running thence along West Forty-third street, Tenth avenue, West Forty-sixth
street, the Hudson river, West Eighty-ninth street, Tenth or Amsterdam avenue, West Eighty-sixth
street, Ninth or
Columbus avenue, West Eighty-first street and Eighth avenue, to the place of beginning.
District number nineteen (19) shall consist of that part of the county of New York lying north of district
number seventeen, and within and bounded by a line beginning at West Eighty-ninth street and the
Hudson river, and running thence along the Hudson river and Spuyten Duyvil
creek around the northern end of Manhattan island; thence southerly along the Harlem river to the north
end of Fifth avenue; thence along Fifth avenue, East One Hundred and Twenty-ninth street, Fourth or
Park avenue, East One Hundred and Tenth street, Fifth avenue, the transverse road across Central
park at Ninety-seventh street, Eighth avenue, West Eighty-first street, Ninth or Columbus avenue, West
Eighty-sixth street, Tenth or Amsterdam avenue and West Eighty-ninth street, to the place of beginning.
District number twenty (20) shall consist of that part of the county of New York lying north of districts
numbers eighteen and fifteen, and within and bounded by a line beginning at East Eighty-third street and
the East river, running thence through East Eighty-third street, Second avenue, East Eighty-fourth street,
Lexington avenue, East Ninety-sixth street, Fifth avenue, East One Hundred and Tenth street, Fourth or
Park avenue, East One Hundred and Nineteenth street to the Harlem river, and along the Harlem and
East rivers to the place of beginning; and also Randall's island and Ward's island. All of the above
districts in the county of New York bounded upon or along the boundary waters of the county, shall be
deemed to extend to the county line.
District number twenty-one (21) shall consist of that part of the county of New York lying north of
districts numbers nineteen and twenty, within and bounded by the line beginning at East One Hundred
and Nineteenth street and the Harlem River, and running thence along East One Hundred and
Nineteenth street, Fourth or Park avenue, One Hundred and Twenty-ninth street, Fifth avenue and the
Harlem river, to the place of beginning; and all that part of the county of New York not hereinbefore
described.
District number twenty-two (22) shall consist of the county of Westchester.
District number twenty-three (23) shall consist of the counties of Orange and Rockland.
District number twenty-four (24) shall consist of the counties of Dutchess, Columbia and Putnam.
District number twenty-five (25) shall consist of the counties of Ulster and Greene.
District number twenty-six (26) shall consist of the counties of Delaware, Chenango and Sullivan.
District number twenty-seven (27) shall consist of the counties of Montgomery, Fulton, Hamilton and
Schoharie.
District number twenty-eight (28) shall consist of the counties of Saratoga, Schenectady and
Washington.
District number twenty-nine (29) shall consist of the county of Albany.
District number thirty (30) shall consist of the county of Rensselaer.
District number thirty-one (31) shall consist of the counties of Clinton, Essex and Warren.
District number thirty-two (32) shall consist of the counties of St. Lawrence and Franklin.
District number thirty-three (33) shall consist of the counties of Otsego and Herkimer.
District number thirty-four (34) shall consist of the county of Oneida.
District number thirty-five (35) shall consist of the counties of Jefferson and Lewis.
District number thirty-six (36) shall consist of the county of Onondaga. 
District number thirty-seven (37) shall consist of the counties of Oswego and Madison.
District number thirty-eight (38) shall consist of the counties of Broome, Cortland and Tioga.
District number thirty-nine (39) shall consist of the counties of Cayuga and Seneca. 
District number forty (40) shall consist of the counties of Chemung, Tompkins and Schuyler.
District number forty-one (41) shall consist of the counties of Steuben and Yates.
District number forty-two (42) shall consist of the counties of Ontario and Wayne. 
District number forty-three (43) shall consist of that part of the county of Monroe comprising the towns
of Brighton, Henrietta, Irondequoit, Mendon, Penfield, Perinton, Pittsford, Rush and Webster, and the
fourth, sixth, seventh, eighth, twelfth, thirteenth, fourteenth, sixteenth, seventeenth and eighteenth wards
of the city of Rochester, as at present constituted.
District number forty-four (44) shall consist of that part of the county of Monroe comprising the towns
of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland, and the first,
second, third, fifth, ninth, tenth, eleventh, fifteenth, nineteenth and twentieth wards of the city of
Rochester, as at present constituted.
   District number forty-five (45) shall consist of the counties of Niagara, Genesee and Orleans.
   District number forty-six (46) shall consist of the counties of Niagara, Genesee and Orleans.
   District number forty-seven (47) shall consist of that part of the county of Erie comprising the first,
second, third, sixth, fifteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third and
twenty-fourth wards of the city of Buffalo, as at present constituted.
   District number forty-eight (48) shall consist of that part of the county of Erie comprising the fourth,
fifth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth wards of the city
of Buffalo, as at present constituted.
   District number forty-nine (49) shall consist of that part of the county of Erie comprising the
seventeenth, eighteenth and twenty-fifth wards of the city of Buffalo, as at present constituted; and all
the remainder of the said county of Erie not hereinbefore described.
   District number fifty (50) shall consist of the counties of Chautauqua and Cattaraugus.
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4.  Except as herein otherwise provided, the federal census taken in the year nineteen hundred thirty
and each federal census taken decennially thereafter shall be controlling as to the number of inhabitants
in the state or any part thereof for the purposes of the apportionment of members of assembly and
readjustment or alteration of senate and assembly districts next occurring, in so far as such census and
the tabulation thereof purport to give the information necessary therefor. The legislature, by law, shall
provide for the making and tabulation by state authorities of an enumeration of the inhabitants of the
entire state to be used for such purposes, instead of a federal census, if the taking of a federal census in
any tenth year from the year nineteen hundred thirty be omitted or if the federal census fails to show the
number of aliens or Indians not taxed.  If a federal census, though giving the requisite information as to
the state at large, fails to give the information as to any civil or territorial divisions which is required to
be known for such purposes, the legislature, by law, shall provide for such an enumeration of the
inhabitants of such parts of the state only as may be necessary, which shall supersede in part the federal
census and be used in connection therewith for such purposes. The legislature, by law, may provide in
its discretion for an enumeration by state authorities of the inhabitants of the state, to be used for such
purposes, in place of a federal census, when the return of a decennial federal census is delayed so that it
is not available at the beginning of the regular session of the legislature in the second year after the year
nineteen hundred thirty or after any tenth year therefrom, or if an apportionment of members of
assembly and readjustment or alteration of senate districts is not made at or before such a session.  At
the regular session in the year nineteen hundred thirty-two and at the first regular session after the year
nineteen hundred forty and after each tenth year therefrom the senate districts shall be readjusted or
altered, but if, in any decade, counting from and including that which begins with the year nineteen
hundred thirty-one, such a readjustment or alteration is not made at the time above prescribed, it shall
be made at a subsequent session occurring not later than the sixth year of such decade, meaning not
later than nineteen hundred thirty-six, nineteen hundred forty-six, nineteen hundred fifty-six, and so on;
provided, however, that if such districts shall have been readjusted or altered by law in either of the
years nineteen hundred thirty or nineteen hundred thirty-one, they shall remain unaltered until the first
regular session after the year nineteen hundred forty.  Such districts shall be so readjusted or altered
that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding
aliens, and be in as compact form as practicable, and shall remain unaltered until the first year of the
next decade as above defined, and shall at all times consist of contiguous territory, and no county shall
be divided in the formation of a senate district except to make two or more senate districts wholly in
such county.  No town, and no block in a city inclosed by streets or public ways, shall be divided in the
formation of senate districts; nor shall any district contain a greater excess in population over an
adjoining district in the same county, than the population of a town or block therein adjoining such
district.  Counties, towns or blocks which, from their location, may be included in either of two districts,
shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens.
No county shall have four or more senators unless it shall have a full ratio for each senator.  No county
shall have more than one-third of all the senators; and no two counties or the territory thereof as now
organized, which are adjoining counties, or which are separated only by public waters, shall have more
than one-half of all the senators.
 The ratio for apportioning senators shall always be obtained by dividing the number of
inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members, except
that if any county having three or more senators at the time of any apportionment shall be entitled on
such ratio to an additional senator or senators, such additional senator or senators shall be given to such
county in addition to the fifty senators, and the whole number of senators shall be increased to that
extent.   
The senate districts, including the present ones, as existing immediately before the enactment of a law
readjusting or altering the senate districts, shall continue to be the senate districts of the state until the
expirations of the terms of the senators then in office, except for the purpose of an election of senators
for full terms beginning at such expirations, and for the formation of assembly districts. 

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*** SSTART 005.0 003.0 0 NY 1938 ***

5.  The members of the assembly shall be chosen by single districts and shall be apportioned by the
legislature at each regular session at which the senate districts are readjusted or altered, and by the
same law, among the several counties of the state, as nearly as may be according to the number of their
respective inhabitants, excluding aliens.  Every county heretofore established and separately organized,
except the county of Hamilton, shall always be entitled to one member of assembly, and no county shall
hereafter be erected unless its population shall entitle it to a member.  The county of Hamilton shall elect
with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio,
entitle it to a member.  But the legislature may abolish the said county of Hamilton and annex the
territory thereof to some other county or counties. 
   The quotient obtained by dividing the whole number of inhabitants of the state, excluding aliens, by
the number of members of assembly, shall be the ratio for apportionment, which shall be made as
follows: One member of assembly shall be apportioned to every county, including Fulton and Hamilton
as one county, containing less than the ratio and one-half over.  Two members shall be apportioned to
every other county.  The remaining members of assembly shall be apportioned to the counties having
more than two ratios according to the number of inhabitants, excluding aliens.  Members apportioned
on remainders shall be apportioned to the counties having the highest remainders in the order thereof
respectively.  No county shall have more members of assembly than a county having a greater number
of inhabitants, excluding aliens.  
The assembly districts, including the present ones, as existing immediately before the enactment of a law
making an apportionment of members of assembly among the counties, shall continue to be the
assembly districts of the state until the expiration of the terms of members then in office, except for the
purpose of an election of members of assembly for full terms beginning at such expirations.
In any county entitled to more than one member, the board of supervisors, and in any city embracing an
entire county and having no board of supervisors, the common council, or if there be none, the body
exercising the powers of a common council, shall assemble at such times as the legislature making an
apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in
number of inhabitants, excluding aliens, as may be, of convenient and contiguous territory in as compact
form as practicable, each of which  shall be wholly within a senate district formed under the same
apportionment, equal to the number of members of assembly to which such  county shall be entitled,
and shall cause to be filed in the office of the secretary of state and of the clerk of such county, a
description of such districts, specifying the number of each district and of the inhabitants thereof,
excluding aliens, according to the census or enumeration used as the population basis for the formation
of such districts; and such apportionment and districts shall remain unaltered until after the next
reapportionment of members of assembly.  In counties having more than one senate district, the same
number of assembly districts shall be put in each senate district, unless the assembly districts cannot be
evenly divided among the senate districts of any county, in which case one more assembly district shall
be put in the senate district in such county having the largest, or one less assembly district shall be put in
the senate district in such county having the smallest number of inhabitants, excluding aliens, as the case
may require. No town, and no block in a city inclosed by streets or public ways, shall be divided in the
formation of assembly districts, nor shall any districts contain a greater excess in population over an
adjoining district in the same senate district, than the population of a town or block therein adjoining
such assembly district. Towns or blocks which, from their location may be included in either of two
districts, shall be so placed as to make said districts most nearly equal in number of inhabitants,
excluding aliens. Nothing in this section shall prevent the division, at any time, of counties and towns and
the erection of new towns by the legislature.
An apportionment by the legislature, or other body, shall be subject to review by the supreme court, at
the suit of any citizen, under such reasonable regulations as the legislature may prescribe; and any court
before which a cause may be pending involving an apportionment, shall give precedence thereto over all
other causes and proceedings, and if said court be not in session it shall convene promptly for the
disposition of the same. 

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*** SSTART 006.0 003.0 0 NY 1938 ***

6.  Each member of the legislature shall receive for his services an annual salary of two thousand five
hundred dollars.  He shall also be reimbursed for his actual traveling expenses in going to and returning
from the place in which the legislature meets, not more than once each week while the legislature is in
session.  Senators, when the senate alone is convened in extraordinary session, or when serving as
members of the court for the trial of impeachments, and such members of the assembly, not exceeding
nine in number, as shall be appointed managers of an impeachment, shall receive an additional
allowance of ten dollars a day. 

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*** SSTART 007.0 003.0 0 NY 1938 ***

7.  No person shall serve as a member of the legislature unless he or she is a citizen of the United States
and has been a resident of the state of New York for five years, and of the assembly or senate district
for the twelve months immediately preceding his or her election.  No member of the legislature shall,
during the time for which he or she was elected, receive any civil appointment from the governor, the
governor and the senate, the legislature or from any city government, to an office which shall have been
created, or the emoluments whereof shall have been increased during such time.  If a member of the
legislature be elected to congress, or appointed to any office, civil or military, under the government of
the United States, the state of New York, or under any city government except as a member of the
national guard or naval militia of the state, or of the reserve forces of the United States, his or her
acceptance thereof shall vacate his or her seat in the legislature, providing, however, that a member of
the legislature may be appointed commissioner of deeds or to any office in which he or she shall receive
no compensation.

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*** SSTART 008.0 003.0 0 NY 1938 ***

8.  The elections of senators and members of assembly, pursuant to the provisions of this constitution,
shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by
the legislature. 
                         
*** SEND ***
*** SSTART 009.0 003.0 0 NY 1938 ***

9.  A majority of each house shall constitute a quorum to do business.  Each house shall determine the
rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own
members; shall choose its own officers; and the senate shall choose a temporary president to preside in
case of the absence or impeachment of the lieutenant-governor, or when he shall refuse to act as
president, or shall act as governor.

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*** SSTART 010.0 003.0 0 NY 1938 ***

10.  Each house of the legislature shall keep a journal of its proceedings, and publish the same, except
such parts as may require secrecy. The doors of each house shall be kept open, except when the public
welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more
than two days.

*** SEND ***
*** SSTART 011.0 003.0 0 NY 1938 ***

11. For any speech or debate in either house of the legislature, the members shall not be questioned in
any other place. 

*** SEND ***
*** SSTART 012.0 003.0 0 NY 1938 ***

12.  Any bill may originate in either house of the legislature, and all bills passed by one house may be
amended by the other. 
*** SEND ***
*** SSTART 013.0 003.0 0 NY 1938 ***

13.  The enacting clause of all bills shall be "The People of the State of New York, represented in
Senate and Assembly, do enact as follows," and no law shall be enacted except by bill.  

*** SEND ***
*** SSTART 014.0 003.0 0 NY 1938 ***

14. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the
members, in its final form, at least three calendar legislative days prior to its final passage, unless the
governor, or the acting governor, shall have certified, under his hand and the seal of the state, the facts
which in his opinion necessitate an immediate vote thereon, in which case it must nevertheless be upon
the desks of the members in final form, not necessarily printed, before its final passage; nor shall any bill
be passed or become a law, except by the assent of a majority of the members elected to each branch
of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the
question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on
the journal. 

*** SEND ***
*** SSTART 015.0 003.0 0 NY 1938 ***

15.  No private or local bill, which may be passed by the legislature, shall embrace more than one
subject, and that shall be expressed in the title. 

*** SEND ***
*** SSTART 016.0 003.0 0 NY 1938 ***

16.  No act shall be passed which shall provide that any existing law, or any part thereof, shall be made
or deemed a part of said act, or which shall enact that any existing law, or part thereof, shall be
applicable, except by inserting it in such act. 

*** SEND ***
*** SSTART 017.0 003.0 0 NY 1938 ***

17. The legislature shall not pass a private or local bill in any of the following cases:
Changing the names of persons.
Laying out, opening, altering, working or discontinuing roads, highways or alleys, or for draining
swamps or other low lands.
Locating or changing county seats.
Providing for changes of venue in civil or criminal cases.
Incorporating villages.
Providing for election of members of boards of supervisors.
Selecting, drawing, summoning or empaneling grand or petit jurors.
Regulating the rate of interest on money.
The opening and conducting of elections or designating places of voting.
Creating, increasing or decreasing fees, percentages or allowances of public officers, during the term for
which said officers are elected or appointed.
Granting to any corporation, association or individual the right to lay down railroad tracks.
Granting to any private corporation, association or individual any exclusive privilege, immunity or
franchise whatever.
Granting to any person, association, firm or corporation, an exemption from taxation on real or personal
property.
Providing for the building of bridges, except over the waters forming a part of the boundaries of the
state, by other than a municipal or other public corporation or a public agency of the state.
The legislature shall pass general laws providing for the cases enumerated in this section, and for all
other cases which in its judgment, may be provided for by general laws.  But no law shall authorize the
construction or operation of a street railroad except upon the condition that the consent of the owners
of one-half in value of the property bounded on, and the consent also of local authorities, having control
of that portion of a street or highway upon which it is proposed to construct or operate such railroad,
be first obtained, or in case the consent of such property owners cannot be obtained, the appellate
division of the supreme court, in the department in which it proposed to be constructed, may, upon
application, appoint three commissioners who shall determine, after a hearing of all parties interested,
whether such railroad ought to be constructed or operated, and their determination, confirmed by the
court, may be taken in lieu of the consent of the property owners.

*** SEND ***
*** SSTART 018.0 003.0 0 NY 1938 ***

18.  The legislature shall pass no bill, resolution or other measure prohibiting any municipal corporation
operating a gas, electric or water public utility service from making and receiving, in addition to an
amount equivalent to taxes which the said service, if privately owned, would pay to such municipal
corporation, a fair return on the value of the property used and useful in such public utility service, over
and above costs of operation and necessary and proper reserves, or prohibiting the use of the profits
resulting from the operation of a public utility service for the payment of expenses or obligations
incurred by such municipal corporation for municipal purposes, or prohibiting the use of such profits for
the payment of refunds to consumers. 

*** SEND ***
*** SSTART 019.0 003.0 0 NY 1938 ***

19.  The legislature shall neither audit nor allow any private claim or account against the state, but may
appropriate money to pay such claims as shall have been audited and allowed according to law.
No claim against the state shall be audited, allowed or paid which, as between citizens of the state,
would be barred by lapse of time. This provision shall not be construed to repeal any statute fixing the
time within which claims shall be presented or allowed, nor shall it extend to any claims duly presented
within the time allowed by law, and prosecuted with due diligence from the time of such presentment. 
But if the claimant shall be under legal disability, the claim may be  presented within two years after such
disability is removed.

*** SEND ***
*** SSTART 020.0 003.0 0 NY 1938 ***

20. The assent of two-thirds of the members elected to each branch of the legislature shall be requisite
to every bill appropriating the public moneys or property for local or private purposes.

*** SEND ***
*** SSTART 021.0 003.0 0 NY 1938 ***

21.  Sections 15, 16 and 17 of this article shall not apply to any bill, or the amendments to any bill,
which shall be recommended to the legislature by commissioners or any public agency appointed or
directed pursuant to law to prepare revisions, consolidations or compilations of statutes.  But a bill
amending an existing law shall not be excepted from the provisions of sections 15, 16 and 17 of this
article unless such amending bill shall itself be recommended to the legislature by such commissioners or
public agency. 

*** SEND ***
*** SSTART 022.0 003.0 0 NY 1938 ***

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.

*** SEND ***
*** SSTART 023.0 003.0 0 NY 1938 ***

23.  On the final passage, in either house of the legislature, of any act which imposes, continues or
revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or
trust money or property, or releases, discharges or commutes any claim or demand of the state, the
question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths
of all the members elected to either house shall, in all such cases, be necessary to constitute a quorum
therein.

*** SEND ***
*** SSTART 024.0 003.0 0 NY 1938 ***

 24. The legislature shall, by law, provide for the occupation and employment of prisoners sentenced to
the several state prisons, penitentiaries, jails and reformatories in the state; and no person in any such
prison, penitentiary, jail or reformatory, shall be required or allowed to work, while under sentence
thereto, at any trade, industry or occupation, wherein or whereby his work, or the product or profit of
his work, shall be farmed out, contracted, given or sold to any person, firm, association or corporation. 
This section shall not be construed to prevent the legislature from providing that convicts may work for,
and that the products of their labor may be disposed of to, the state or any political division thereof, or
for or to any public institution owned or managed and controlled by the state, or any political division
thereof. 

*** SEND ***
*** AEND ***

*** ASTART 004.0 NY 1938 ***

ARTICLE IV

*** SSTART 001.0 004.0 0 NY 1938 ***

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,
each fourth year thereafter.  The persons respectively having the highest number of votes for governor
and lieutenant-governor shall be elected.

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*** SSTART 002.0 004.0 0 NY 1938 ***

2.  No person shall be eligible to the office of governor or lieutenant-governor, except a citizen of the
United States, of the age of not less than thirty years, and who shall have been five years next preceding
his election a resident of this state.

*** SEND ***
*** SSTART 003.0 004.0 0 NY 1938 *** 

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, on extraordinary occasions.  At extraordinary
sessions no 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 twenty-five thousand dollars, and there
shall be provided for his use a suitable and furnished executive residence. 

*** SEND ***
*** SSTART 004.0 004.0 0 NY 1938 ***

4. The governor shall have the power to grant reprieves, commutations and pardons after conviction,
for all offenses except treason and cases of impeachment, upon such conditions and with such
restrictions and limitations, as he may think proper, subject to such regulations as may be provided by
law relative to the manner of applying for pardons.  Upon conviction for treason, he shall have power to
suspend the execution of the sentence, until the case shall be reported to the legislature at its next
meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the
sentence, or grant a further reprieve.  He shall annually communicate to the legislature each case of
reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was
convicted, the  sentence and its date, and the date of the commutation, pardon or reprieve.  

*** SEND ***
*** SSTART 005.0 004.0 0 NY 1938 ***

5.  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 e 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.  

*** SEND ***
*** SSTART 006.0 004.0 0 NY 1938 ***

 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.  If the office of governor
become vacant and there be no lieutenant-governor, such vacancy shall be filled for the remainder of
the term at the next general election happening not less than three months after such vacancy occurs;
and in such case, until the vacancy be filled by election, or in case the lieutenant-governor be under
impeachment or 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 shall act as governor during such inability, absence
or the pendency of such impeachment.  If the temporary president of the senate shall be unable to
discharge the powers and duties of the office of governor or be absent from the state, the speaker of
the assembly shall act as governor during such inability or absence.  The lieutenant-governor shall
receive for his services an annual salary of ten thousand dollars.  

*** SEND ***
*** SSTART 007.0 004.0 0 NY 1938 ***

 7.  Every bill which shall have passed the senate and assembly shall, before it becomes a law, be
presented to the governor; if he approve, he shall sign it; but if not, he shall return it with his objections
to the house in which it shall have originated, which shall enter the objections at large on the journal, and
proceed to reconsider it.  If after such reconsideration, two-thirds of the members elected to that house
shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it
shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it
shall become a law notwithstanding the objections of the governor.  In all such cases the votes in both
houses shall be determined by yeas and nays, and the names of the members voting shall be entered on
the journal of each house respectively.  If any bill shall not be returned by the governor within ten days
(Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as
if he had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case it
shall not become a law without the approval of the governor.  No bill shall become a law after the final
adjournment of the legislature, unless approved by the governor within thirty days after such
adjournment.  If any bill presented to the governor contains several items of appropriation of money, he
may object to one or more of such items while approving of the other portion of the bill.  In such case
he shall append to the bill, at the time of signing it, a statement of the items to which he objects; in the
appropriations so objected to shall not take effect.  If the legislature be in session, he shall transmit to
the house in which the bill originated a copy of such statement, and the items objected to shall be
separately reconsidered.  If on reconsideration one or more of such items be approved by two-thirds of
the members elected to each house, the same shall be part of the law, notwithstanding the objections of
the governor.  All the provisions of this section, in relation to bills not approved by the governor, shall
apply in cases in which he shall withhold his approval from any item or items  contained in a bill
appropriating money.

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*** SSTART 008.0 004.0 0 NY 1938 ***

8. No rule or regulation made by any state department, board, bureau, officer, authority or commission,
except such as relates to the organization or internal management of a state department, board, bureau,
authority or commission shall be effective until it is filed in the office of the department of state. The
legislature shall provide for the speedy publication of such rules and regulations, by appropriate laws.  

*** SEND ***
*** AEND ***

*** ASTART 005.0 NY 1938 ***

ARTICLE V

*** SSTART 001.0 005.0 0 NY 1938 ***

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 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.

*** SEND ***
*** SSTART 002.0 005.0 0 NY 1938 ***

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.

*** SEND ***
*** SSTART 003.0 005.0 0 NY 1938 ***

3.  Subject to the limitations contained in this constitution, the legislature may from time to time assign
by law new powers and functions to departments, officers, boards or commissions, and increase,
modify or diminish their powers and functions.  No new departments shall be created hereafter, but this
shall not prevent the legislature from creating temporary commissions for special purposes and nothing
contained in this article shall prevent the legislature from reducing the number of departments as
provided for in this article, by consolidation or otherwise.  

*** SEND ***
*** SSTART 004.0 005.0 0 NY 1938 ***

 4.  The head of the executive department shall be the governor. The head of the department of audit
and control shall be the comptroller and of the department of law, the attorney-general.  The head of
the department of education shall be The Regents of the University of the State of New York, who shall
appoint and at pleasure remove a commissioner of education to be the chief administrative officer of the
department.  The head of the department of agriculture and markets shall be appointed in a manner to
be prescribed by law.  Except as otherwise provided in this constitution, the heads of all other
departments and the members of all boards and commissions excepting temporary commissions for
special purposes, shall be appointed by the governor by and with the advice and consent of the senate
and may be removed by governor, in a manner to be prescribed by law.

*** SEND ***
*** SSTART 005.0 005.0 0 NY 1938 ***

 5. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce,
manufacture or commodity whatever, are hereby abolished; and no such office shall hereafter be
created by law; but nothing in this section contained shall abrogate any office created for the purpose of
protecting the public health or the interest of the state in its property, revenue, tolls or purchases, or of
supplying the people with correct standards of weights and measures, or shall prevent the creation of
any office for such purposes hereafter.

*** SEND ***
*** SSTART 006.0 005.0 0 NY 1945 ***

6.  Appointments and promotions in the civil service of the state, and of all the civil divisions thereof,
including cities and villages, shall be made according to merit and fitness to be ascertained, so far as
practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, any
honorably discharged soldiers, sailors, marines or nurses of the army, navy or marine corps of the
United States disabled in the actual performance of duty in any war, to an extent recognized by the
United States Veterans' Bureau, who are citizens and residents of this state and were at the time of their
entrance into the military or naval service of the United States, and whose disability exists at the time of
his or her application for such appointment or promotion, shall be entitled to preference in appointment
and promotion, without regard to their standing on any list from which such appointment or promotion
may be made.  Laws shall be made to provide for the enforcement of this section.

*** SEND ***
*** SSTART 007.0 005.0 0 NY 1938 ***

7.  After July first, nineteen hundred forty, membership in any pension or retirement system of the state
or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be
diminished or impaired. 

*** SEND ***
*** AEND ***

*** ASTART 006.0 NY 1938 ***

Article VI  

*** SSTART 001.0 006.0 0 NY 1938 ***

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 or 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 a successors 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.  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.

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*** SSTART 002.0 006.0 0 NY 1938 ***

 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 the 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 prescribed 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 supreme 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 designated, may hold any term of the supreme court and exercise any of the powers of a
justice of the supreme court in any judicial district in any other department of the state. From and after
the last day of December, eighteen hundred and ninety-five, the appellate division shall have the
jurisdiction now exercised by the supreme court at its general terms and by the general terms of the
court of common pleas for the city and county of New York, the superior court of the city of New
York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be
conferred by the legislature.  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. 

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*** SSTART 003.0 006.0 0 NY 1938 ***

3.  The appellate divisions in the first and second departments shall severally have power to establish an
appellate term of the supreme court to be held in and for its department, to be constituted of not less
than three nor more than five justices of the supreme court, who shall be designated from time to time
by such appellate division and shall be residents of the department.  Any such appellate term may be
discontinued and reestablished as said appellate divisions, respectively, from time to time shall
determine, and any designation to service therein may be revoked at any time by the appellate division
so designating.  In each appellate term, no more than three justices assigned thereto shall sit in any case;
two of such justices shall constitute a quorum, and the concurrence of two shall be necessary to a
decision.  Such appellate terms shall have jurisdiction to hear and determine all appeals now or
hereafter authorized by law to be taken to the supreme court or to the appellate division other than
appeals from the supreme court, a surrogate's court, or the court of general sessions of the city of New
York, as may f rom time to time be directed by the appellate division establishing such appellate term.
The appellate term or the appellate division establishing it may allow an appeal from such appellate term
to such appellate division whenever in the opinion of either a question of law or fact is involved which
ought to be reviewed.

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*** SSTART 004.0 006.0 0 NY 1938 ***

4. The official terms of the justices of the supreme court shall be fourteen years from and including the
first day of January next after their election. When a vacancy shall occur otherwise than by expiration of
term in the office of justice of the supreme court, the same shall be filled for a full term at the next
general election held not less than three months after such vacancy occurs; and until the vacancy shall
be so filled, the governor, by and with the advice and consent of the senate, if the senate shall be in
session, or if not in session, the governor may fill such vacancy by appointment, which shall continue
until and including the last day of December next after the election at which the vacancy shall be filled.

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*** SSTART 005.0 006.0 0 NY 1938 ***

 5. The court of appeals is continued. It shall consist of the chief judge, the six elected associate judges
now in office, who shall hold their offices until the expiration of their respective terms, and their
successors, who shall be chosen by the electors of the state, and such justices of the supreme court as
may be designated for service in said court as hereinafter provided. The official terms of the chief judge
and elected associate judges shall be fourteen years from and including the first day of January next
after their election. Five members of the court shall constitute a quorum and the concurrence of four
shall be necessary to a decision; but no more than seven judges shall sit in any case. In case of the
temporary absence or inability to act of any judge of the court of appeals, the court may  designate any
justice of the supreme court to serve as associate judge of the court during such absence or inability to
act. The court shall have power to appoint and to remove its clerk and attendants. 
   Whenever and as often as the court of appeals shall certify to the governor that the court is unable, by
reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable
speed, the governor shall designate such number of justices of the supreme court as may be so certified
to be necessary, but not more than four, to serve as associate judges of the court of appeals.  The
justices so designated shall be relieved, while so serving, from their duties as justices of the supreme
court, and shall serve as associate judges of the court of appeals until the court shall certify that the
need for the services of any such justices no longer exists, whereupon they shall return to the supreme
court. The governor may fill vacancies among such designated judges. No such justice shall serve as
associate judge of the court of appeals except while holding the office of justice of the supreme court.
The designation of a justice of the supreme court as an associate judge of the court appeals shall not be
deemed to affect his existing office any longer than until the expiration of his designation as such
associate judge, nor to create a vacancy.

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*** SSTART 006.0 006.0 0 NY 1938 ***

6.  When a vacancy shall occur otherwise than by expiration of term, in the office of chief or elected
associate judge of the court of appeals, the same shall be filled, for a full term, at the next general
election held not less than three months after such vacancy occurs; and until the vacancy shall be so
filled, the governor, by and with the advice and consent of the senate if the senate shall be in session, or
if not in session, the governor may fill such vacancy by appointment.  If any such appointment be made
from among the justices of the supreme court, such appointment shall not be deemed to affect his
existing office any longer than until the expiration of his appointment as such associate judge, nor to
create a vacancy. If any such appointment of chief judge shall be made from among the associate
judges, a temporary appointment of associate judge shall be made in like manner; but, in such case, the
appointment shall not be deemed to affect his office of associate judge any longer than until the
expiration of his appointment as chief judge, nor to create a vacancy. The powers and jurisdiction of the
court shall not be suspended for want of appointment or election when the number of judges is sufficient
to constitute a quorum. All appointments under this section shall continue until and including the last day
of December next after the election at which the vacancy shall be filled.

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*** SSTART 007.0 006.0 0 NY 1938 ***

7. The jurisdiction of the court of appeals, except where the judgment is of death, or where the
appellate division, on reversing or modifying a final judgment in an action or a final order in a special
proceeding, makes new findings of fact and renders final judgment or a final order thereon, shall be
limited to the review of questions of law; but the right to appeal shall not depend upon the amount
involved.
Appeals may be taken to the court of appeals in the classes of cases 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 an order of the appellate division granting a new trial where the appellant stipulates
that, upon affirmance, judgment absolute shall be rendered against him.
(3) As of right, from a judgment or order of a court of record of original jurisdiction which finally
determines an action or special proceeding where the only question involved on the appeal is the
validity of a statutory provision of the state or of the United States under the constitution of the state or
of the United States; and on any such appeal only the constitutional question shall be considered and
determined by the court.
(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 a judgement 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
one of this section where the appellate division shall certify that in its opinion a question of law is
involved which ought to be reviewed by the court of appeals, or where, in case of the refusal so to
certify, an appeal is allowed by the court of appeals.  Such an appeal shall be allowed when required in
the interest of substantial justice.  The legislature may further restrict the jurisdiction of the court of
appeals and the right of appeal thereto.  No appeal shall be taken to said court of appeals from a final
judgement or order of the appellate division in any civil case or proceeding originally commenced in any
court other than the supreme court, a county court, a surrogate's court, or a court of claims or board of
audit 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.

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*** SSTART 008.0 006.0 0 NY 1938 ***

8.  Upon an appeal from a judgement or an order, any appellate court to which the appeal is taken
which is authorized to review such judgement or order may reverse or affirm, wholly or in part, or may
modify the judgement or order appealed from, and each interlocutory judgment or intermediate or other
order which it is authorized to review, and as to any or all of the parties.  It shall thereupon render 
judgment of affirmance, judgment of reversal and final judgment upon the right of any or all of the
parties, or judgment of modification thereon according to law, except where it may be necessary or
proper to grant a new trial or hearing, when it may grant a new trial or hearing.

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*** SSTART 009.0 006.0 0 NY 1938 ***

 9. Judges of the court of appeals and justices of the supreme court may be removed by concurrent
resolution of both houses of the legislature, if two-thirds of all the members elected to each house
concur therein. All other judicial officers, except justices of the peace, justices of the municipal court of
the city of New York, and judges or justices of inferior courts not of record, may be removed by the
senate, on the recommendation of the governor, if two-thirds of all the members elected to the senate
concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be
entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and
shall have had an opportunity to be heard.  On the authorized to review, and as to any or all of the
parties entered on the journal.

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*** SSTART 010.0 006.0 0 NY 1938 ***

10.  The assembly shall have the power of impeachment by a vote of a majority of all the members
elected thereto.  The court for the trial of impeachments shall be composed of the president of the
senate, the senators, or the major part of them, and the judges of the court of appeals, or the major part
of them.  On the trial of an impeachment against the governor or lieutenant-governor, neither the
lieutenant-governor nor the temporary president of the senate shall act as a member of the court.  No
judicial officer shall exercise his office after articles of impeachment against him shall have been
preferred to the senate, until he shall have been acquitted.  Before the trial of an impeachment, the
members of the court shall take an oath or affirmation truly and impartially to try the impeachment
according to the evidence, and no person shall be convicted without the concurrence of two-thirds of
the members present.  Judgement in cases of impeachment shall not extend further than to removal from
office, or removal from office and disqualification to hold and enjoy any public office of honor, trust, or
profit under this state; but the party impeached shall be liable to indictment and punishment according to
law.

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*** SSTART 011.0 006.0 0 NY 1938 ***
 
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 judge in the county of Bronx shall be
chosen at the general election held in the first odd-numbered year after the adoption of this amendment.
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 three thousand dollars; but, if, in any action
brought in said court, a counterclaim for more than three 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 three 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.  From and
after the first day of January in the second year following the adoption of this article, all the jurisdiction
in civil actions or proceedings now vested in county courts of the counties of Kings, Bronx, Queens and
Richmond shall be withdrawn from such county courts and vested in the city court of the city of New
York as constituted in and by section fifteen of this article, and said county courts shall thereafter 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.

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*** SSTART 012.0 006.0 0 NY 1938 ***

12. The legislature, on application of the board of supervisors or other body exercising similar powers,
may, in any county having a county court, provide for the election of a special county judge or special
surrogate, not to exceed two in any county, to discharge the duties of county judge or of surrogate in 
such cases as may be provided by law.  Any such special county judge or surrogate shall be chosen at
the general election held in the first odd-numbered year after the creation of any such office, to take
office on the first day of January following such election, but no appointment shall be made by the
governor to such office meantime.

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*** SSTART 013.0 006.0 0 NY 1938 ***

13.  The existing surrogates' courts are continued, and the surrogates now in office shall hold their
offices until the expiration of their respective present terms. Their successors shall be chosen by the
electors of their respective counties, and their terms of office shall be six years, except in the counties of
New York, Kings, Bronx and Queens, where they shall hereafter be elected for terms of fourteen
years. The legislature may provide for the election of an additional surrogate in any county having a
population of more than one million.  Surrogates and surrogates' courts shall have the jurisdiction, legal
and equitable, and powers now established by law until otherwise provided by the legislature. The
county judge shall be and serve as surrogate of his county except where a separate surrogate has been
or shall be elected. In any county having a population exceeding forty thousand wherein there is now no
separate surrogate, the legislature may provide for the election of a separate officer to be surrogate,
whose term of office shall be six years. When the surrogate shall be elected as a separate officer, his
compensation shall be established by law, and shall be payable out of the county treasury.
The legislature may at any time provide that the duties of county judge and surrogate in any county be
discharged by the same person. For the relief of surrogates' courts, the legislature may confer upon the
supreme court in any county having a population exceeding four hundred thousand, the powers and
jurisdiction of surrogates.

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*** SSTART 014.0 006.0 0 NY 1938 ***

14. The court of general sessions in and for the city and county of New York is continued with its
present jurisdiction, under the name of the court of general sessions of the county of New York. The
said court shall consist of the judges now in office, all of whom shall continue to be judges of the court
of general sessions of the county of New York for the remainder of the terms for which they were
severally elected or appointed. The successors to the judges who were elected or appointed as judges
of the court of general sessions in and for the city and county of New York shall be elected by the
electors within the county of New York. The legislature may in its discretion authorize the election of
one or more additional judges of said court. The successors to all said judges of the court of general
sessions of the county of New York shall be elected for the term of fourteen years.

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*** SSTART 015.0 006.0 0 NY 1938 ***

15. The city court of the city of New York is continued, and, from and after the first day of January in
the second year following the adoption of this article, it shall have the same jurisdiction and power
throughout the city of New York, under the name of the city court of the city of New York, as it now
possesses within the county of New York and the county of Bronx, and original jurisdiction concurrent
with the supreme court in actions for the recovery of money only in which the complaint demands
judgement for a sum not exceeding three 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 three thousand dollars. Its jurisdiction to enter judgment upon a counterclaim
shall be unlimited. It shall consist of the justices then in office, who shall continue to be justices of the
court for the remainder of the terms for which they severally were elected or appointed, and the
additional justices to be elected as provided in this section. The justices who were elected or appointed
as justices of the city court of the city of New York shall be paid the compensation now fixed by law
for such justices until the expiration of the terms for which they were respectively elected or appointed.
Eight of their successors shall be elected by the electors of the county of New York and two by the
electors of the county of Bronx, and hold office for ten years. There shall also be five additional justices,
two of whom shall reside in and be chosen by the electors in the county of Kings, and one of whom
shall reside in and be chosen by the electors in each of the counties of New York, Bronx and Queens,
and all of whom shall be elected at the first general election following the adoption of this article, and
they and their successors, who shall be chosen in like manner, shall hold office for ten years. Until the
legislature shall otherwise provide, the county judge and surrogate of Richmond county shall perform in
said county the duties of a justice of the city court of the of New York and also the duties of a justice of
the supreme court at chambers or out of court. The legislature may in its discretion authorize the
election one or more additional justices of the city court in any county within the city of New York. The
justices hereafter elected shall receive f rom 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 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.
     All civil actions or proceedings pending on said first day of January in the county courts of the
counties of Kings, Bronx, Queens and Richmond, respectively, are hereby transferred to the city court
of the city of New York for hearing and determination at terms held within the counties in which the
same shall be pending, and, for the purpose only of such hearing and determination and the enforcement
of the judgments rendered thereon, said city court shall have and exercise the equity jurisdiction
previously vested in the respective county courts from which such cases are so transferred, but not
otherwise. Until the legislature shall otherwise provide, the clerk of the city court of the city of New
York and the chief clerk of the county court in each of the counties of Kings, Bronx, Queens and
Richmond, shall severally act within his county as a deputy clerk of the city court of the city of New
York, and 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.
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*** SSTART 016.0 006.0 0 NY 1938 ***

16. Vacancies occurring in the office of county judge, special county judge, surrogate, special
surrogate, judge of the court of general sessions of the city of New York, or justice of the city court of
the county of New York, shall be filled by appointment by the governor by and with the advice and
consent of the senate if the senate be in session, or if not in session, the governor shall fill such vacancy
by appointment which shall continue until and including the last day of December next after the election
at which the vacancy shall be filled.

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*** SSTART 017.0 006.0 0 NY 1938 ***

 17. The electors of the several towns shall, at their annual town meetings, or at such other time and in
such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four
years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall
hold for the remainder of the unexpired term. Their number; classification and duties shall be regulated
by law. Justices of the peace, justices of the municipal court of the city of New York, and judges or
justices of inferior courts not of record, and their clerks, may be removed for cause, after due notice
and an opportunity of being heard, by such courts as are or may be prescribed by law. All other judicial
officers in cities, whose election or appointment is not otherwise provided for in this article, including all
judicial officers holding courts of special sessions, magistrates' courts, or other inferior local courts of
criminal jurisdiction in the city of New York, shall be chosen by the electors of such cities or appointed
by some local authorities thereof as may be prescribed by law.  The boards of supervisors, or other
officials exercising power now vested in such boards, may fix the compensation to be paid or allowed
to justices of the peace for their services in criminal matters; but the powers or duties in criminal matters
now exercised by justices of the peace may be transferred by law to inferior local courts of criminal
jurisdiction, the territorial jurisdiction of which outside of cities may be defined by the respective boards
of supervisors. 

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*** SSTART 018.0 006.0 0 NY 1938 ***

18. Inferior local courts of civil and criminal jurisdiction may be established by the legislature, but no
such inferior local court which has been created since the first day of January, one thousand eight
hundred and ninety-five, or is hereafter created shall be a court of record. All inferior local courts now
or hereafter established may be regulated or discontinued by the legislature.  The legislature shall not
hereafter confer upon any inferior or local court of its creation any equity jurisdiction or any greater
jurisdiction in other respects than is conferred upon county courts by or under this article; but it may
provide that the territorial jurisdiction in civil cases of any inferior or local court now existing or
hereafter established in any city or of justices of the peace in cities shall extend throughout the county or
counties in which such city may be located.  Courts of special sessions and inferior local courts of
similar character shall have such jurisdiction of offenses of the grade of misdemeanors as may be
prescribed by law, and the legislature may authorize them to try such offenses without a jury.
The legislature may establish children's courts, and courts of domestic relations, as separate courts, or
as parts of existing courts or courts hereafter to be created, and may confer upon them such jurisdiction
as may be necessary for the correction, protection, guardianship and disposition of delinquent,
neglected or dependent minors, and for the punishment and correction of adults responsible for or
contributing to such delinquency, neglect or dependency, and to compel the support of a wife, child, or
poor relative by persons legally chargeable therewith who abandon or neglect to support any of them.
In conferring such jurisdiction the legislature shall provide that whenever a child is committed to an
institution or is placed in the custody of any person by parole, placing out, adoption, or guardianship, it
shall be so committed or placed, when practicable, to an institution governed by persons, or in the
custody of a person, of the same religious persuasion as the child. In the exercise of such jurisdiction
such courts may hear and determine such causes with or without a jury, except those involving a felony. 

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*** SSTART 019.0 006.0 0 NY 1938 ***

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
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 be 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. 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 counsel 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 counsel for a defendant in any criminal case or
proceeding pending in his own county or in any adjacent county.

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*** SSTART 020.0 006.0 0 NY 1938 ***

20. The testimony in equity cases shall be taken in like manner as in cases at law; and, except as herein
otherwise provided, the legislature shall have the same power to alter and regulate the jurisdiction and
proceedings in law and in equity that it has heretofore exercised.
  
*** SEND ***
*** SSTART 021.0 006.0 0 NY 1938 ***
   
21. The clerks of the several counties shall be clerks of the supreme court, with such powers and duties
as shall be prescribed by law. The clerk of the court of appeals shall keep his office at the seat of
government. The clerk of the court of appeals and the clerks of the appellate divisions shall receive such
compensation as may be established by law which shall be paid out of the state treasury.

*** SEND ***
*** SSTART 022.0 006.0 0 NY 1938 ***

 22. The legislature shall provide for the speedy publication of all statutes and all civil or criminal
practice acts and rules, and for the collection, compilation and publication annually of the civil and
criminal judicial statistics of the state.  It shall further provide for the creation of a state law reporting
bureau, which shall be under the direction and control of an official state reporter, who shall be
appointed and be removable by the court of appeals, and who shall be charged with the duty, as may
be provided by law and directed by said court, of publishing official reports of the opinions or decisions
of all the courts of the state. But all laws and judicial opinions or decisions shall nevertheless be free for
publication by any person.

*** SEND ***
*** SSTART 023.0 006.0 0 NY 1938 ***

23. Nothing in this article contained shall abridge the authority of the legislature to create or abolish any
board or court with jurisdiction to hear and audit or determine claims against the state, and any such
tribunal existing when this article shall take effect shall be continued with the powers then vested in it
until otherwise provided by law.

*** SEND ***
*** AEND ***

*** ASTART 007.0 NY 1938 ***

Article VII

*** SSTART 001.0 007.0 0 NY 1938 ***

1. For the preparation of the budget, the head of each department of state government, except the
legislature and judiciary, shall furnish the governor such estimates and information in such form and at
such times as he may require, copies of which shall forthwith be furnished to the appropriate
committees of the legislature. The governor shall hold hearings thereon at which he may require the
attendance of heads of departments and their subordinates. Designated representatives of such
committees shall be entitled to attend the hearings thereon to make inquiry concerning any part thereof.
Itemized estimates of the financial needs of the legislature, certified by the presiding officer of each
house, and of the judiciary, certified by the comptroller, shall be transmitted to the governor not later
than the first day of December in each year for inclusion in the budget without revision but with such
recommendations as he may deem proper. 

*** SEND ***
*** SSTART 002.0 007.0 0 NY 1938 ***
 2.  Annually, on or before the first day of February, the governor shall submit to the legislature a
budget containing a complete plan of expenditures proposed to be made before the close of the ensuing
fiscal year and all moneys and revenues estimated to be available therefor, together with an explanation
of the basis of such estimates and recommendations as to proposed legislation, if any, which he may
deem necessary to provide moneys and revenues sufficient to meet such proposed expenditures. It shall
also contain such other recommendations and information as he may deem proper and such additional
information as may be required by law.

*** SEND ***
*** SSTART 003.0 007.0 0 NY 1938 ***

3.  At the time of submitting the budget to the legislature the governor shall submit a bill or bills
containing all the proposed appropriations and reappropriations included in the budget and the
proposed legislation, if any, recommended therein.  
     The governor may at any time within thirty days thereafter and, with the consent of the legislature, at
any time before the adjournment thereof, amend or supplement the budget and submit amendments to
any bills submitted by him or submit supplemental bills.
     The governor and the heads of departments shall have the right, and it shall be the duty of the heads
of departments when requested by either house of the legislature or an appropriate committee thereof,
to appear and be heard in respect to the budget during the consideration thereof, and to answer
inquiries relevant thereto.  The procedure for such appearances and inquiries shall be provided by law.   

*** SEND ***
*** SSTART 004.0 007.0 0 NY 1938 ***

4. The legislature may not alter an appropriation bill submitted by the governor except to strike out or
reduce items therein, but it may add thereto items of appropriation provided that such additions are
stated separately and distinctly from the original items of the bill and refer each to a single object or
purpose.  None of the restrictions of this section, however, shall apply to appropriations for the
legislature or judiciary.
     Such an appropriation bill shall when passed by both houses be a law immediately without further
action by the governor, except that appropriations for the legislature and judiciary and separate items
added to the governor's bills by the legislature shall be subject to his approval as provided in section 7
of article IV.  

*** SEND ***
*** SSTART 005.0 007.0 0 NY 1938 ***

5. Neither house of the legislature shall consider any other bill making an appropriation until all the
appropriation bills submitted by the governor shall have been finally acted on by both houses, except on
message from the governor certifying to the necessity of the immediate passage of such a bill. 

*** SEND ***
*** SSTART 006.0 007.0 0 NY 1938 ***

6.  Except for appropriations contained in the bills submitted by the governor and in a supplemental
appropriation bill for the support of government, no appropriations shall be made except by separate
bills each for a single object or purpose.  All such bills and such supplemental appropriation bill shall be
subject to the governor's approval as provided in section 7 of article IV.
    No provision shall be embraced in any appropriation bill submitted by the governor or in such
supplemental appropriation bill unless it relates specifically to some particular appropriation in the bill,
and any such provision shall be limited in its operation to such appropriation. 

*** SEND ***
*** SSTART 007.0 007.0 0 NY 1938 ***

7. No money shall ever be paid out of the state treasury or any of its funds, or any of the funds under its
management, except in pursuance of an appropriation by law; nor unless such payment be made within
two years next after the passage of such appropriation act; and every such law making a new
appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated,
and the object or purpose to which it is be applied; and it shall not be sufficient for such law to refer to
any other law to fix such sum. 

*** SEND ***
*** SSTART 008.0 007.0 0 NY 1938 ***

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. The enumeration of legislative powers in this paragraph shall not be taken to
diminish any power of the legislature hitherto existing. 

*** SEND ***
*** SSTART 009.0 007.0 0 NY 1938 ***

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
the 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. 
 
*** SEND ***
*** SSTART 010.0 007.0 0 NY 1938 ***

10. In addition to the above limited power to contract debts, the state may contract debts to repel
invasion, suppress insurrection, or defend the state in war, or to suppress forest fires; but the money
arising from the contracting of such debts shall be applied for the purpose for which it was raised, or to
repay such debts, and to no other purpose whatever. 
  
*** SEND ***
*** SSTART 011.0 007.0 0 NY 1938 ***

11. Except the debts specified in sections 9 and 10 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. 

*** SEND ***
*** SSTART 012.0 007.0 0 NY 1938 ***

12. Except the debts specified in sections 9 and 10 of this article, all debts contracted by the state and
each portion of any such debt from time to time so contracted shall be paid in equal annual installments,
the first of which shall be  payable not more than one year, and the last of which shall be payable 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. 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, to be determined by general laws, which
determination shall be conclusive.
  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. 

*** SEND ***
*** SSTART 013.0 007.0 0 NY 1938 ***

13. The legislature may provide means and authority whereby any state debt may be refunded if, when
it was contracted, the privilege to pay prior to the date payable was reserved to the state and provided
that the debt as thus refunded shall be paid in equal annual installments which shall be not less in amount
than the required annual installments of the debt so refunded. (New. Adopted by Constitutional
Convention of 1938 and approved by vote of the people November 8, 1938.)

*** SEND ***
*** SSTART 014.0 007.0 0 NY 1938 ***

14. The legislature may authorize by law the creation of a debt or debts of the state, not exceeding in
the aggregate three hundred million dollars, to provide moneys for the elimination, under state
supervision, of railroad crossings at grade within the state, and for incidental improvements connected
therewith as authorized by this section. The provisions of this article, not inconsistent with this section,
relating to the issuance of bonds for a debt or debts of the state and the maturity and payment thereof,
shall apply to a state debt or debts created pursuant to section; except that the law authorizing the
contracting of such debt or debts shall take effect without submission to the people pursuant to section
11 of this article. The aggregate amount of a state debt or debts which may be created pursuant to this
section shall not exceed the difference between the amount of the debt or debts heretofore created or
authorized by law, under the provisions of section 14 of article VII of the constitution in force on July
first, nineteen hundred thirty-eight, and the sum of three hundred million dollars.
         The expense of any grade crossing elimination the construction work for which was not
commenced before January first, nineteen hundred thirty-nine, including incidental improvements
connected therewith as authorized by this section, whether or not an order for such elimination shall
theretofore have been made, shall be paid by the state in the first instance, but the state shall be entitled
to recover from the railroad company or companies, by way of reimbursement (1) the entire amount of
the railroad improvements not an essential part of elimination, and (2) the amount of the net benefit to
the company or companies from the elimination exclusive of such railroad improvements, the amount of
such net benefit to be adjudicated after the completion of the work in the manner to be prescribed by
law, and in no event to exceed fifteen per centum of the expense of the elimination, exclusive of all
incidental improvements. The reimbursement by the railroad companies shall be payable at such times,
in such manner and with interest at such rate as the legislature may prescribe.
     The expense of any grade crossing elimination the construction work for which was commenced
before January first, nineteen hundred thirty-nine, shall be borne by the state, railroad companies, and
the municipality or municipalities in the proportions formerly prescribed by section 14 of article VII of
the constitution in force on July first, nineteen hundred thirty-eight, and the law or laws enacted pursuant
to its provisions, applicable to such elimination, and subject to the provisions of such former section and
law or laws, including advances in aid of any railroad company or municipality, although such
elimination shall not be completed until after January first, nineteen hundred thirty-nine.  
     A grade crossing elimination the construction work for which shall be commenced after January first,
nineteen hundred thirty-nine, shall include incidental improvements rendered necessary or desirable
because of such elimination, and reasonably included in the engineering plans therefor.
     Out of the balance of all moneys authorized to be expended under section 14 of article VII of the
constitution in force on July first, nineteen hundred thirty-eight, and remaining unexpended and
unobligated on such date, fifty million dollars shall be deemed segregated for grade crossing eliminations
and incidental improvements in the city of New York and shall be available only for such purposes until
such eliminations and improvements are completed and paid for. 

*** SEND ***
*** SSTART 015.0 007.0 0 NY 1938 ***

15. The sinking funds provided for the payment of interest and the extinguishing of the principal of the
debts of the state heretofore contracted shall be continued; they shall be separately kept and safely
invested, and neither of them shall be appropriated or used in any manner other than for such payment
and extinguishment as hereinafter provided. The comptroller shall each year appraise the securities held
for investment in each of such funds at their fair market value not exceeding par. He shall then determine
and certify to the legislature the amount of each of such funds and the amounts which, if thereafter
annually contributed to each such fund, would, with the fund and with the accumulations thereon and
upon the contributions thereto, computed at the rate of three per centum per annum, produce at the
date of maturity the amount of the debt to retire which such fund was created, and the legislature shall
thereupon appropriate as the contribution to each such fund for such year at least the amount thus
certified.
     If the income of any such fund in any year is more than a sum which, if annually added to such fund
would, with the fund and its accumulations as aforesaid, retire the debt at maturity, the excess income
may be applied to the interest on the debt for which the fund was created.
     After any sinking fund shall equal in amount the debt for which it was created no further contribution
shall be made thereto except to make good any losses ascertained at the annual appraisals above
mentioned, and the income thereof shall be applied to the payment of the interest on such debt. Any
excess in such income not required for the payment of interest may be applied to the general fund of the
state. 

*** SEND ***
*** SSTART 016.0 007.0 0 NY 1938 ***

16. The legislature shall annually provide by appropriation for the payment of the interest upon and
installments of principal of all 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 heretofore
created by law, of the amounts annually to be contributed under the provisions of section 15 of the
article. If at any time the legislature shall fail to make any such appropriation, the comptroller shall set
apart from the first revenues thereafter received, applicable to the general fund of the state, a sum
sufficient to pay such interest, installments of principal, or contributions to such sinking fund, as the case
may be, and shall so apply the moneys thus set apart. The comptroller may be required to set aside and
apply such revenues as aforesaid, at the suit of any holder of such bonds. 

*** SEND ***
*** AEND ***

*** ASTART 008.0 NY 1938 ***

ARTICLE VIII

*** SSTART 001.0 008.0 0 NY 1938 ***

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, but 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. 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. 

*** SEND ***
*** SSTART 002.0 008.0 0 NY 1938 ***      

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 is 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 so contracted for (a) the supply of water, (b)
the acquisition, construction or equipment of rapid transit railroads, or (c) 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 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.
     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 5 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. 

*** SEND ***
*** SSTART 003.0 008.0 0 NY 1938 ***

3. No municipal or other corporation  (other than a county, city, town, village, school district or fire
district, or a river improvement, river regulating, or drainage district, established by or under the
supervision of the department of conservation) possessing the power (a) to contract indebtedness and
(b) to levy taxes or benefit assessments upon real estate or to require the levy of such taxes or
assessments, shall hereafter be established or created, but nothing herein shall prevent the creation of
improvement districts in counties and towns, provided that the county or town or towns in which such
districts are located shall pledge its or their faith and credit for the payment of the principal of and
interest on all indebtedness to be contracted for the purposes of such districts, and in ascertaining the
power of any such county or town to contract indebtedness, such indebtedness shall be included,
Unless such indebtedness would, under the provisions of this article, be excluded in ascertaining the
power of a county or town to contract indebtedness. No such corporation now existing shall hereafter
contract any indebtedness without the consent, granted in such manner as may be prescribed by general
law, of the city or village within which, or of the town within any unincorporated area of which any real
estate may be subject to such taxes or assessments. If the real estate subject to such taxes or
assessments is wholly within a city, village or the unincorporated area of a town, in ascertaining the
power of such city, village or town to contract indebtedness, there shall be included any indebtedness
hereafter contracted by such corporation, unless such indebtedness would, under the provisions of this
article be excluded if contracted by such city, village or town. If only part of the real estate subject to
such taxes or assessments is within a city, village or the unincorporated area of a town, in ascertaining
the power of such city, village or town to contract indebtedness, there shall be included the proportion,
determined as prescribed by general law, of any indebtedness hereafter contracted by such
corporation, unless such indebtedness would, under the provisions of this article, be excluded if
contracted by such city, village or town. 

*** SEND ***
*** SSTART 004.0 008.0 0 NY 1938 ***

4. Except as otherwise provided in this article, no county, city, town or village shall be allowed to
contract indebtedness for any purpose or in any manner to an amount which, including existing
indebtedness, shall exceed ten per centum of the average assessed valuation of the real estate of such
county, city, town or village subject to taxation, as determined by the last completed assessment rolls
and the four preceding rolls of such county, city, town or village for county, city, town or village taxes
prior to the contracting of such indebtedness; and no county, other than the county of Nassau, and no
town or village shall be allowed to contract indebtedness on and after January first, nineteen hundred
forty-four, to an amount which, including then existing indebtedness, shall exceed nine per centum of
such assessed valuation of real estate, and on and after January first, nineteen hundred forty-nine, to an
amount which, including then existing indebtedness, shall exceed eight per centum thereof. No city,
other than the city of New York, shall be allowed to contract indebtedness on and after January first,
nineteen hundred forty-four, to an amount which, including then existing indebtedness, shall exceed nine
and one-half per centum of such assessed valuation of real estate, and on and after January first,
nineteen hundred forty-nine, to an amount which, including then existing indebtedness, shall exceed nine
per centum thereof.
     The indebtedness of a school district part of which is now without and part of which is now within or
coterminous with a city and the indebtedness of a union free school district now wholly within but not
coterminous with a city shall not be included in ascertaining the power of such city to contract
indebtedness. This provision shall apply to a city, the incorporation of which has been heretofore
provided for by law to become effective hereafter.
     Any indebtedness, except as provided in sections 5, 6 and 7 of this article, contracted in excess of
the respective limitations prescribed in this section, shall be absolutely void. 

*** SEND ***
*** SSTART 005.0 008.0 0 NY 1938 ***

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 service owned or rendered by such county, city, town or village which shall have
yielded to such county, city, town or village during the preceding year net revenue, to be determined
annually by deducting from the gross revenues received therefrom during such preceding year an
amount equal to all costs, during such year, of operation, maintenance, repairs and replacements, and
the interest on such indebtedness and the amounts required in such years for the amortization or
payment of such indebtedness. The legislature shall prescribe the method by 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 judicial departments in which such counties, cities,
towns or villages are located for the purpose of determining the amount of any such indebtedness to be
so excluded.
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. 

*** SEND ***
*** SSTART 006.0 008.0 0 NY 1938 ***

6. In ascertaining the power of the cities of Buffalo, Rochester and Syracuse to contract indebtedness,
in addition to the indebtedness excluded by section 5 of this article, there shall be excluded:
Indebtedness not exceeding in the aggregate the sum of ten million dollars, heretofore or hereafter
contracted by the city of Buffalo or the city of Rochester and indebtedness not exceeding in the
aggregate the sum of five million dollars heretofore or hereafter contracted by the city of Syracuse for
so much of the cost and expense of any public improvement as may be required by the ordinance or
other local law therein assessing the same to be raised by assessment upon local property or territory. 

*** SEND ***
*** SSTART 007.0 008.0 0 NY 1938 ***

 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. 

*** SEND ***
*** SSTART 008.0 008.0 0 NY 1938 ***

8. No indebtedness of a county, city, town, village or school district valid at the time of its inception
shall thereafter become invalid by reason of the operation of any of the provisions of this article. 

*** SEND ***
*** SSTART 009.0 008.0 0 NY 1938 ***

9. Whenever the boundaries of any city are the same as those of a county, or when any city includes
within its boundaries more than one county, the power of any county wholly included within such city to
contract indebtedness shall cease, but the indebtedness of such county shall not, for the purposes of this
article, be included as a part of the city indebtedness. 

*** SEND ***
*** SSTART 010.0 008.0 0 NY 1938 ***

10. Hereafter, in any county containing a city of over one hundred thousand inhabitants, or in any such
city, and, on or after January first, nineteen hundred forty-four, in any other city or any village, the
amount to be raised by tax on real estate in any fiscal year for county purposes, for city purposes or for
village purposes, in addition to providing for the interest on and the principal of all indebtedness, shall
not in the aggregate exceed an amount equal to two per centum of the average assessed valuation of the
real estate of such county, city or village subject to taxation, less the taxes levied 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 5 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. Such average assessed
valuation shall be determined in the manner prescribed in section 4 of this article respect to the
limitations on indebtedness.
     The provisions of this section shall not, however, prevent the legislature, by general or special law,
from excluding from the limitation herein imposed, in the case of a village or of a city having not more
than one hundred thousand inhabitants, the whole or any part of the amount raised by tax on real estate
for educational purposes.
     The amount raised by tax on real estate for educational purposes in a school district part of which is
now without and part of which is now within or coterminous with a city, or of a union free school
district now wholly within but not coterminous with a city, shall not be included in determining the tax
limitation of such city. 

*** SEND ***
*** SSTART 011.0 008.0 0 NY 1938 ***

11. Whenever any county, city or village 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 or village from the tax limitation
prescribed in section 10 of this article, in which event the total amount so a 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 or village 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. 

*** SEND ***
*** SSTART 012.0 008.0 0 NY 1938 ***

12.  Nothing in this article shall be construed to prevent the legislature from further restricting the
powers herein specified of any county, city, town, village or school district to contract indebtedness or
to levy taxes on real estate.  The legislature shall not, however, restrict the power to levy taxes on real
estate for the payment of interest on or principal of indebtedness theretofore contracted.  

*** SEND ***
*** AEND *** 

*** ASTART 009.0 NY 1938 ***

ARTICLE IX

*** SSTART 001.0 009.0 0 NY 1938 ***

Section 1-(a) There shall be in each county, except in a county wholly included in a city, 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.
     (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 (a) upon the request of the board of supervisors or other
elective governing body of each county to be affected, or, in any county having an alternative form of
government providing for an elective county executive officer, upon the request of the board of
supervisors or other elective governing body with the concurrence of such executive officer of each
county to be affected; or (b) upon a certificate of necessity by the governor to the legislature reciting the
facts of such necessity existing in the county to be affected and the concurrence of two-thirds of the
members elected to each house of the legislature.
     (c) 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
thereof of one or more governmental functions. 

*** SEND ***
*** SSTART 002.0 009.0 0 NY 1938 ***

2 (a) The legislature shall provide by law alternative forms of government for counties except counties
wholly included in a city and for the submission of one or more such forms of government to the
electors residing in such counties. No such 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 in the county, and if any such form of government provides for the transfer of
any function of local government to or from the cities, the towns or 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 such cities, towns,
villages, or class thereof, as the case may be.
     (b) 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 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 to each other or 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.
     (c) Except as provided in subdivision (b) of section 1 hereof nothing herein contained 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 a form of government by such county pursuant to subdivision (a) of this
section.
     (d) After the adoption of a form of government by a county pursuant to subdivision (a) of this
section, no law enacted pursuant to subdivision (b) of section 1 hereof which abolishes or creates an
elective office or changes the voting or veto power of or the method of removing an elective 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
body of such county, shall become effective 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 only if
approved by the electors of such county at the next ensuing general election held at least sixty days
thereafter, in the manner provided in subdivision (a) of this section for the adoption of a form of
government.
     (e) If under a form of government adopted by a county pursuant to subdivision (a) of this section the
board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by
t1he constitution or by statute, if not provided for by such form of government shall devolve upon the
elective governing body in such county.
     (f) In a city which includes an entire county, or two or more entire counties, the powers and duties
of a board of supervisors may be devolved upon the council or other legislative body of the city.

*** SEND ***
*** SSTART 003.0 009.0 0 NY 1938 ***

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 (b) of section 2
hereof, nothing contained in this section shall be construed to impair the provisions of sections 9, 11,
12, 13, 14 and 15 of this article. 

*** SEND ***
*** SSTART 004.0 009.0 0 NY 1938 ***

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.  In counties which now have,
or may hereafter have, county auditors or other fiscal officers, authorized to audit bills, accounts,
charges, claims or demands against the county, the legislature may confer such powers upon such
auditors, or fiscal officers, as the legislature may, from time to time, deem expedient. 

*** SEND ***
*** SSTART 005.0 009.0 0 NY 1938 ***

5. Except in counties in the city of New York, 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 as often as vacancies shall happen. 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 officer, hereinbefore in this section mentioned, within the term for
which he shall have been elected; giving 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 and shall be
subject to removal by the governor within the term for which he shall have been elected; giving to such
officer a copy of the charges against him, and an opportunity of being heard in his defense. The clerks
of said counties shall be appointed, and be subject to removal by the appellate division of the supreme
court in the judicial department in which the respective counties are located. In addition to their powers
and duties as clerks of the supreme court, they shall have power to select, draw, summon and empanel
grand and it 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 from time to time by local law. 

*** SEND ***
*** SSTART 006.0 009.0 0 NY 1938 ***

 6. Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his
county of any provision of article XIII of this constitution 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. 

*** SEND ***
*** SSTART 007.0 009.0 0 NY 1938 ***

7. Except as herein otherwise provided for counties in the city of New York, county officers whose
election or appointment is not provided for by this constitution, shall be elected by the electors of the
respective counties or appointed by the boards of supervisors, or other county authorities, as the
legislature shall direct.

*** SEND ***
*** SSTART 008.0 009.0 0 NY 1938 ***

8. In counties in the city of New York the city of New York is hereby vested with power f rom time to
time by local law, to abolish the office of any county officer 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 of the legislature but, 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 elective
county officers in office at the time that this article shall take effect, shall continue in office until the end
of the terms for which they were elected. The 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. All city, town and village officers, whose election or appointment is not provided for by this
constitution shall be 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. 

*** SEND ***
*** SSTART 009.0 009.0 0 NY 1938 ***

It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, in
such manner as shall secure to such cities and villages the powers granted to cities 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; and the legislature may regulate and fix the wages or salaries, 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 other civil division
thereof. 

*** SEND ***
*** SSTART 010.0 009.0 0 NY 1938 ***

10.  The legislature shall not, nor shall the common council of any city, nor any board of supervisors,
grant any extra compensation to any public officer, servant, agent or contractor. 

*** SEND ***
*** SSTART 011.0 009.0 0 NY 1938 ***

11. The legislature shall act in relation to the property, affairs or government of any city only by general
laws which shall in terms and in effect apply alike to all cities, except upon the request of the mayor of
the city affected concurred in by the local legislative body or upon the request of two-thirds of the
elected members of the local legislative body declaring that a necessity exists and reciting the facts
establishing such necessity and the concurrent action of two-thirds of the members of each house of the
legislature. The legislature may by general laws confer on cities such powers of local legislation and
administration in addition to the powers vested in cities by this article as it may, from time to time, deem
expedient and may withdraw such powers. The provisions of this article shall not be deemed to restrict
the power of the legislature to enact laws relating to matters other than the property, affairs or
government of cities. 

*** SEND ***
*** SSTART 012.0 009.0 0 NY 1938 ***

12. Every city shall have power to adopt and amend local laws not inconsistent with the constitution
and laws of the state relating to its property, affairs or government. Every city shall also have the power
to adopt and amend local laws not inconsistent with this constitution and laws of the state, and whether
or not such local laws relate to its property affairs or government, in respect to the following subjects:
the powers, duties, qualifications, number, mode of selection and removal, terms of office and
compensation of all its officers and employees except of members of the governing elective body of the
county in which such city is wholly contained, the membership and constitution of its local legislative
body, the transaction  of its business, the incurring of its obligations, the presentation, ascertainment and
discharge of claims against it, the acquisition, care, management and use of its streets and property, the
ownership and operation of its transit facilities, the collection and administration of local taxes
authorized by the legislature, the wages or salaries, the hours of work or labor, and the protection,
welfare and safety of persons employed by any contractor or subcontractor performing work, labor or
services for it, the government and regulation of the conduct of its inhabitants and the protection of their
property, safety and health.        Every city may repeal, supersede or modify any law which was
enacted upon and which required, pursuant to the constitution, a message from the governor declaring
that an emergency existed and the concurrent action of two-thirds of the members of each house of the
legislature, insofar as such law relates to the property, affairs or government of such city, except that no
city may, unless hereafter authorized by the legislature, (a) reduce any salary or compensation or
change any working conditions or hours of employment if such salary, compensation, working
conditions or hours of employment shall have been heretofore approved upon referendum pursuant to
law, except upon approval of such reduction or change by a majority of the electors of such city voting
thereon, or (b) repeal or supersede any law enacted by the legislature relating to any pension or
retirement system or to the making and review of assessments or to the judicial review of dismissals
from the civil service.
The provisions of this article shall not be deemed to restrict or diminish the existing powers of any city. 

*** SEND ***
*** SSTART 013.0 009.0 0 NY 1938 ***

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 this article contained 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 XI of this constitution, or any retirement system pertaining to
such public school system or systems, (b) counties not wholly contained within a city, (c) counties
wholly contained 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. 

*** SEND ***
*** SSTART 014.0 009.0 0 NY 1938 ***

14. No territory shall be annexed to any city until the people of the territory proposed to be annexed
shall have consented to such annexation by a majority vote on a referendum called for that purpose.

*** SEND ***
*** SSTART 015.0 009.0 0 NY 1938 ***

15. All elections of city officers, including supervisors, elected in any city or part of a city, and of county
officers elected in any county wholly included in a city, except to fill vacancies, shall be held on the
Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every
such officer shall expire at the end of an odd-numbered year. This section shall not apply to elections of
any judicial officer.

*** SEND ***
*** SSTART 016.0 009.0 0 NY 1938 ***

16. The legislature, on or before July first, nineteen hundred forty shall confer by general law upon all
villages having a population of five thousand or more as determined by the federal census power to
adopt and amend local laws not inconsistent with the constitution and laws of the state relating to the
property, affairs or government of such villages but subject to such limitations as the legislature may, by
general law, from time to time impose. Thereafter, the legislature shall act in relation to the property,
affairs or government of such villages only by general law which shall in terms and in effect apply alike
to all such villages except upon the request of the chief executive officer of the village affected,
concurred in by the local legislative body or upon a message from the governor, in either case declaring
that a necessity exists and reciting the facts establishing such necessity, and the concurrent action of
two-thirds of the members of each house of the legislature. The legislature shall not authorize a village to
pass local laws repealing or modifying any act of the legislature relating to the civil service status of
employees of the village. The legislature by general law may confer on such villages such additional
powers of local legislation and administration as it may, from time to time, deem expedient and may
withdraw such powers. The provisions of this section shall not be deemed to restrict the power of the
legislature to enact laws relating to matters other than the property, affairs or government of such
villages. 

*** SEND ***
*** AEND ***

*** ASTART 010.0 NY 1938 ***

ARTICLE X

*** SSTART 001.0 010.0 0 NY 1938 ***

1. Corporations may be formed under general laws; but shall not be created by special act, except for
municipal purposes, and in cases where, in the judgement of the legislature, the objects of the
corporation cannot be attained under general laws. All general laws and special acts passed pursuant to
this section may be altered from time to time or repealed

*** SEND ***
*** SSTART 002.0 010.0 0 NY 1938 ***

2. Dues from corporations shall be secured by such individual liability of the corporators and other
means as may be prescribed by law. 

*** SEND ***
*** SSTART 003.0 010.0 0 NY 1938 ***

 3. The legislature shall, by general law, conform all charters of savings banks, or institutions for savings,
to a uniformity of powers, rights and liabilities, and all characters hereafter granted for such
corporations shall be made to conform to such general law, and to such amendments as may be made
thereto. And no such corporation shall have any capital stock, nor shall the trustees thereof, or any of
them, have any interest whatever, direct or indirect, in the profits of such corporation; and no director
or trustee of any such bank or institution shall be interested in any loan or use of any money or property
of such bank or institution for savings. The legislature shall have no power to pass any act granting any
special charter for banking purposes; but corporations or associations may be formed for such
purposes under general laws. 

*** SEND ***
*** SSTART 004.0 010.0 0 NY 1938 ***

 4. The term corporations as used in this section, and in sections 1, 2 and 3 of this article shall be
construed to include all associations and joint-stock companies having any of the powers or privileges
of corporations not possessed by individuals or partnerships. And all corporations shall have the right to
sue and shall be  subject to be sued in all courts in like cases as natural persons. 

*** SEND ***
*** SSTART 005.0 010.0 0 NY 1938 ***

5. No public corporation (other than a county, city, town, village, school district or fire district or an
improvement district established in a town or towns) possessing both the power to contract
indebtedness and the power to collect rentals, charges, rates or fees for the services or facilities
furnished or supplied by it shall hereafter be created except by special act of the legislature.
     No such public corporation (other than a county or city) shall hereafter be given both the power to
contract indebtedness and the power, within any city, to collect rentals, charges, rates or fees from the
owners of real estate, or the occupants of real estate (other than the occupants of premises owned or
controlled by such corporation or by the state or any civil division thereof), for services or facilities
furnished or supplied in connection with such real estate, if such services or facilities are of a character
or nature then or formerly furnished or supplied by the city, unless the electors of the city shall approve
the granting to such corporation of such powers by a majority vote at a general or special election in
such city; but this paragraph shall not apply to a corporation created pursuant to an interstate compact.
The accounts of every such public corporation heretofore or hereafter created shall be subject to the
supervision of the state comptroller, or, if the member or members of such public corporation are
appointed by the mayor of a city, to the supervision of the comptroller of such city; provided, however,
that this provision shall not apply to such a public corporation created pursuant to agreement or
compact with another state or with a foreign power, except with the consent of the parties to such
agreement or compact.
     Neither the state nor any political subdivision thereof shall at any time be liable for the payment of
any obligations issued by such a public corporation heretofore or hereafter created, nor may the
legislature accept, authorize acceptance of or impose such liability upon the state or any political
subdivision thereof; but the state or a political subdivision thereof may, if authorized by the legislature,
acquire the properties of any such corporation and pay the indebtedness thereof. 

*** SEND ***
*** AEND ***

*** ASTART 011.0 NY 1938 ***
ARTICLE XI

*** SSTART 001.0 011.0 0 NY 1938 ***

1. The legislature shall provide for the maintenance and support of a system of free common schools,
wherein all the children of this state may be educated. 

*** SEND ***
*** SSTART 002.0 011.0 0 NY 1938 ***

2. The corporation created in the year one thousand seven hundred eighty-four, under the name of The
Regents of the University of the State of New York, is hereby continued under the name of The
University of the State of New York. It shall be governed and its corporate powers, which may be
increased, modified or diminished by the legislature, shall be exercised by not less than nine regents. 

*** SEND ***
*** SSTART 003.0 011.0 0 NY 1938 ***

3. The capital of the common school fund, the capital of the literature fund, and the capital of the United
States deposit fund shall be respectively preserved inviolate and the revenue of the said funds shall be
applied to the support of common schools and libraries. 

*** SEND ***
*** SSTART 004.0 011.0 0 NY 1938 ***

4. Neither the state nor any subdivision thereof shall use its property or credit or any public money, or
authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for
examination or inspection, of any school or institution of learning wholly or in part under the control or
direction of any religious denomination, or in which any denominational tenet or doctrine is taught, but
the legislature may provide for the transportation of children to and from any school or institution of
learning. 

*** SEND ***
*** AEND ***

*** ASTART 012.0 NY 1938 ***

ARTICLE XII

*** SSTART 001.0 012.0 0 NY 1938 ***

1. All able-bodied male citizens of the United States between the ages of eighteen and forty-five, who
are residents of the state, and all other able-bodied male residents thereof between such ages, who
have or shall have declared their intention to become citizens of the United States, shall constitute the
militia, subject however to such exceptions and exemptions as are now, or may be hereafter created by
the laws of the United States, or by the legislature of this state. 

*** SEND ***
*** SSTART 002.0 012.0 0 NY 1938 ***

2. The legislature may provide for the enlistment into the active force of such other persons as may
make application to be so enlisted. 

*** SEND ***
*** SSTART 003.0 012.0 0 NY 1938 ***

3. The militia shall be organized and divided into such land, air and naval, and active and reserve forces,
as the legislature may deem proper, provided however that there shall be maintained at all times a force
of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for
active service. And it shall be the duty of the legislature at each session to make sufficient
appropriations for the maintenance thereof. 

*** SEND ***
*** SSTART 004.0 012.0 0 NY 1938 ***

4. The governor shall appoint the adjutant-general; he shall also nominate, and with the consent of the
senate appoint, all major-generals. 

*** SEND ***
*** SSTART 005.0 012.0 0 NY 1938 ***

5. All other commissioned and non-commissioned officers shall be appointed as provided by law. 

*** SEND ***
*** SSTART 006.0 012.0 0 NY 1938 ***

 6. The commissioned officers shall be commissioned by the governor as commander-in-chief. No
commissioned officer shall be removed from office during the term for which he shall have been
appointed, unless by the senate on the recommendation of the governor, stating the grounds on which
such removal is recommended, or by the sentence of a court-martial, or upon the findings of an
examining board organized pursuant to law, or for absence without leave for a period of six months or
more..)

*** SEND ***
*** AEND ***

*** ASTART 013.0 NY 1938 ***

ARTICLE XIII

*** SSTART 001.0 013.0 0 NY 1938 ***

1. Members of the legislature, and all officers, executive and judicial, except such inferior officers as
shall be by law exempted, shall, before they enter on the duties of their respective offices, take and
subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the
constitution of the United States, and the constitution of the State of New York, and that I will faithfully
discharge the duties of the office of . . . . . . . . . . . . . . . , according to the best of my ability;" and no
other oath, declaration or test shall be required as a qualification for any office of public trust, except
that any committee of a political party may, by rule, provide for equal representation of the sexes on
any such committee, and a state convention of a political party, at which candidates for public office are
nominated, may, by rule, provide for equal representation of the sexes on any committee of such party. 

*** SEND ***
*** SSTART 002.0 013.0 0 NY 1938 ***

 2. Any person holding office under the laws of this state, who, except in payment of his legal salary,
fees or perquisites, shall receive or consent to receive, directly or indirectly, anything of value or of
personal advantage, or the promise thereof, for performing or omitting to perform any official act, or
with the express or implied understanding that his official action or omission to act is to be in any degree
influenced thereby, shall be deemed guilty of a felony. This section shall not affect the validity of any
existing statute in relation to the offense of bribery.

*** SEND ***
*** SSTART 003.0 013.0 0 NY 1938 ***

3. Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed
guilty of a felony and liable to punishment, except as herein provided.  No person offering a bribe shall,
upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation
thereto, and he shall not be liable to civil or criminal prosecution therefor, if he shall testify to the giving
or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer
to whom it was tendered, shall be guilty of an attempt to bribe, which is hereby declared to be a felony.

*** SEND ***
*** SSTART 004.0 013.0 0 NY 1938 ***

4. Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted
to testify in his own behalf in any civil or criminal prosecution therefor. 

*** SEND ***
*** SSTART 005.0 013.0 0 NY 1938 ***

5. No public officer, or person elected or appointed to a public office, under the laws of this state, shall
directly or indirectly ask, demand, accept, receive or consent to receive for his own use or benefit, or
for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in
passenger, telegraph or rates, from any person or corporation, or make use of the same himself or in
conjunction with another. A person who violates any provision of this section, shall be deemed guilty of
a misdemeanor, and shall forfeit his office at the suit of the attorney-general. Any corporation, or officer
or agent thereof, who shall offer or promise to a public officer, or person elected or appointed to a
public office, any such free pass, free transportation, franking privilege or discrimination, shall also be
deemed guilty of a misdemeanor and liable to punishment except as herein provided. No person, or
officer or agent of a corporation giving any such free pass, free transportation, franking privilege or
discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not
be liable to civil or criminal prosecution therefor if he shall testify to the giving of the same.

*** SEND ***
*** SSTART 006.0 013.0 0 NY 1938 ***

 6. When the duration of any office is not provided by this constitution it may be declared by law, and if
not so declared, such office shall be held during the pleasure of the authority making the appointment. 

*** SEND ***
*** SSTART 007.0 013.0 0 NY 1938 ***

7. The time of electing all officers named in sections 5 and 7 of article IX of this constitution shall be
prescribed by law. 

*** SEND ***
*** SSTART 008.0 013.0 0 NY 1938 ***

8. The legislature shall provide for filling vacancies in office, and in case of elective officers, no person
appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the
commencement of the political year next succeeding the first annual election after the happening of the
vacancy. 

*** SEND ***
*** SSTART 009.0 013.0 0 NY 1938 ***

9.The political year and legislative term shall begin on the first day of January; and the legislature shall,
every year, assemble on the first Wednesday after the first Monday in January. 

*** SEND ***
*** SSTART 010.0 013.0 0 NY 1938 ***

10. Provision shall be made by law for the removal for misconduct or malversation in office of all
officers, except judicial, whose powers and duties are not local or legislative and who shall be elected
at general elections, and also for supplying vacancies created by such removal. 

*** SEND ***
*** SSTART 011.0 013.0 0 NY 1938 ***

11. The legislature may declare the cases in which any office shall be deemed vacant when no provision
is made for that purpose in this constitution.

*** SEND ***
*** SSTART 012.0 013.0 0 NY 1938 ***

12. No officer whose salary is fixed by this constitution shall receive any additional compensation. Each
of the other state officers named in this constitution shall, during his continuance in office, receive a
compensation, to  be fixed by law, which shall not be increased or diminished during the term for which
he shall have been elected or appointed; nor shall he receive to his use any fees or perquisites of office
or other compensation. 

*** SEND ***
*** AEND ***
*** ASTART 014.0 NY 1938 ***

ARTICLE XIV

*** SSTART 001.0 014.0 0 NY 1938 ***

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 1eased, 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. 

*** SEND ***
*** SSTART 002.0 014.0 0 NY 1938 ***

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, for the canals of
the state and to regulate the flow of streams.  Such reservoirs shall be constructed, owned and
controlled by the state, but such work shall not be undertaken until after the boundaries and high flow
lines thereof shall have been accurately surveyed and fixed, and after public notice, hearing and
determination that such lands are required for such public use.  The expense of any such improvements
shall be apportioned on the public and private property and municipalities benefited to the extent of the
benefits received.  Any such reservoir shall always be operated by the state and the legislature shall
provide for a charge upon the property and municipalities benefited for a reasonable return to the state
upon the value of the rights and property of the state used and the services of the state rendered, which
shall be fixed for terms of not exceeding ten years and be readjustable at the end of any term. 
Unsanitary conditions shall not be created or continued by any such public works.  

*** SEND ***
*** SSTART 003.0 014.0 0 NY 1938 ***
3.  Wild life conservation and reforestation are hereby declared to be policies of the state. For the
purpose of carrying 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
forestry or wild life management. The prohibitions of section 1 of this article shall not apply to any lands
heretofore or hereafter acquired 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. 

*** SEND ***
*** SSTART 004.0 014.0 0 NY 1938 ***

 4. A violation of any of the provisions of this article may be restrained at the suit of the people or, with
the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of
any citizen. 

*** SEND ***
*** AEND ***

*** ASTART 015.0 NY 1938 ***

ARTICLE XV

*** SSTART 001.0 015.0 0 NY 1938 ***

1. The legislature shall not sell, lease, abandon or otherwise dispose of the now existing or future
improved barge canal, the divisions of which are the Erie canal, the Oswego canal, the Champlain
canal, and the Cayuga and Seneca canals, or of the terminals constructed as part of the barge canal
system; nor shall it sell, lease, abandon or otherwise dispose of any portion of the canal system existing
prior to the barge canal improvement which portion forms a part of, or functions as a part of, the
present barge canal system; but such canals and terminals shall remain the property of the state and
under its management and control forever. This prohibition shall not prevent the legislature, by
appropriate laws, from authorizing the granting of revocable permits for the occupancy or use of such
lands or structures. 

*** SEND ***
*** SSTART 002.0 015.0 0 NY 1938 ***

2. The prohibition of sale, abandonment or other disposition contained in section 1 of this article shall
not apply to barge canal lands, barge canal terminals or barge canal terminal lands which have or may
become no longer necessary or useful for canal or terminal purposes; nor to any canal lands and
appertaining structures constituting the canal system prior to the barge canal improvement which have
or may become no longer necessary or useful in conjunction with the now existing barge canal. The
legislature may by appropriate legislation authorize the sale, exchange, abandonment or other
disposition of any barge canal lands, barge canal terminals, barge canal terminal lands or other canal
lands and appertaining structures which have or may become no longer necessary or useful as a part of
the barge canal system, as an aid to navigation thereon, or for barge canal terminal purposes.
All funds that may be derived from any sale or other disposition of any barge canal lands, barge canal
terminals, barge canal terminal lands or other canal lands and appertaining structures shall be paid into
the general fund of the treasury. 

*** SEND ***
*** SSTART 003.0 015.0 0 NY 1938 ***

3. No tolls shall hereafter be imposed on persons or property transported on the canals, but all boats
navigating the canals and the owners and masters thereof, shall be subject to such laws and regulations
as have been or may hereafter be enacted concerning the navigation of the canals. The legislature shall
annually make provision for the expenses of the superintendence and repairs of the canals, and may
provide for the improvement of the canals in such manner as shall be provided by law. All contracts for
work or materials on any canal shall be made with the persons who shall offer to do or provide the
same at the lowest price, with adequate security for their performance. No extra compensation shall be
made to any contractor; but if, from any unforeseen cause, the terms of any contract shall prove to be
unjust and oppressive, the superintendent of public works may, upon the application of the contractor,
cancel such contract. 

*** SEND ***
*** AEND ***
*** ASTART 016.0 NY 1938 ***
ARTICLE XVI

*** SSTART 001.0 016.0 0 NY 1938 ***

1. The power of taxation shall never be surrendered, suspended or contracted away, except as to
securities issued for public purposes pursuant to law. Any laws which delegate the taxing power shall
specify the types of taxes which may be imposed thereunder and provide for their review.
Exemptions from taxation may be granted only by general laws. Exemptions may be altered or repealed
except those exempting real or personal property used exclusively for religious, educational or
charitable purposes as defined by law and owned by any corporation or association organized or
conducted exclusively for one or more of such purposes and not operating for profit.

*** SEND ***
*** SSTART 002.0 016.0 0 NY 1938 ***

2. The legislature shall provide for the supervision, review and equalization of assessments for purposes
of taxation. Assessments shall in no case exceed full value.
Nothing in this constitution shall be deemed to prevent the legislature from providing for the assessment,
levy collection of village taxes by the taxing authorities of those subdivisions of the state in which the
lands comprising the respective villages are located, nor from providing that the respective counties of
the state may loan or advance to any village located ill whole or in part within such county the amount of
any tax which shall have been levied for village purposes upon any lands located within such county and
remaining unpaid.

*** SEND ***
*** SSTART 003.0 016.0 0 NY 1938 ***

3.  Moneys, credits, securities, and other intangible personal property within the state not employed in
carrying on any business therein by the owner shall be deemed to be located at the domicile of the
owner for purposes of taxation, and, if held in trust, shall not be deemed to be located in this state for
purposes of taxation because of the trustee being domiciled in this, state, provided that if no other state
has jurisdiction to subject such property held in trust to death taxation, it may be deemed property
having a taxable situs within this state for purposes of death taxation. Intangible personal property shall
not be taxed ad valorem nor shall any excise tax be levied solely because of the ownership or
possession thereof, except that the income therefrom may be taken into consideration in computing any
excise tax measured by income generally. Undistributed profits shall not be taxed.

*** SEND ***
*** SSTART 004.0 016.0 0 NY 1938 *** 

4. Where the state has power to tax corporations incorporated under the laws of the United States
there shall be no discrimination in the rates and method of taxation between such corporations and
other corporations exercising substantially similar functions and engaged in substantially similar business
within the state.

*** SEND ***
*** SSTART 005.0 016.0 0 NY 1938 ***

5. All salaries, wages and other compensation, except pensions, paid to officers and employees of the
state and its subdivisions and agencies shall be subject to taxation.

*** SEND ***
*** AEND ***

*** ASTART 017.0 NY 1938 ***

ARTICLE XVII

*** SSTART 001.0 017.0 0 NY 1938 ***

 1. The aid, care and support of the needy are public concerns and shall be provided by the state and
by such of its subdivisions, and in such manner and by such means, as the legislature may from time to
time determine. 

*** SEND ***
*** SSTART 002.0 017.0 0 NY 1938 ***

2. The state board of social welfare shall be continued. It shall visit and inspect, or cause to be visited
and inspected by members of its staff, all public and private institutions, whether state, county,
municipal, incorporated or not incorporated, which are in receipt of public funds and which are of a
charitable, eleemosynary, correctional or reformatory character, including all reformatories for juveniles
and institutions or agencies exercising custody of dependent, neglected or delinquent children, but
excepting state institutions for the education and support of the blind, the deaf and the dumb, and
excepting also such institutions as are hereinafter made subject to the visitation and inspection of the
department of mental hygiene or the state commission of correction. As to institutions, whether
incorporated or not incorporated, having inmates, but not in receipt of public funds, which are of a
charitable, eleemosynary, correctional or reformatory character, and agencies, whether incorporated or
not incorporated, not in receipt of public funds, which exercise custody of dependent, neglected or
delinquent children, the state board of social welfare shall make inspections, or cause inspections to be
made by members of its staff, but solely as to matters directly affecting health, safety, treatment and
training of their inmates, or of the children under their custody. Subject to the control of the legislature
and pursuant to the procedure prescribed by general law, the state board of social welfare may make
rules and regulations, not inconsistent with this constitution, with respect to all of the functions, powers
and duties with which the department and the state board of social welfare are herein or shall be
charged. 

*** SEND ***
*** SSTART 003.0 017.0 0 NY 1938 ***

3. The protection and promotion of the health of the inhabitants of the state are matters of public
concern and provision therefor shall be made by the state and by such of its subdivisions and in such
manner, and by such means as the legislature shall from time to time determine. 

*** SEND ***
*** SSTART 004.0 017.0 0 NY 1938 ***

4. The care and treatment of persons suffering from mental disorder or defect and the protection of the
mental health of the inhabitants of the state may be provided by state and local authorities and in such
manner as the legislature may from time to time determine. The head of the department of mental
hygiene shall visit and inspect, or cause to be visited and inspected by members of his staff, all
institutions either public or private used for the care and treatment of persons suffering from mental
disorder or defect. 

*** SEND ***
*** SSTART 005.0 017.0 0 NY 1938 ***

5. The legislature may provide for the maintenance and support of institutions for the detention of
persons charged with or convicted of crime and for systems of probation and parole of persons
convicted of crime. There shall be a state commission of correction, of which the head of the
department of correction shall be the chairman, which shall visit and inspect, or cause to be visited and
inspected by members of its staff, all institutions used for the detention of sane adults charged with or
convicted of crime. 

*** SEND ***
*** SSTART 006.0 017.0 0 NY 1938 ***

6. Visitation and inspection as herein authorized, shall not be exclusive of other visitation and inspection
now or hereafter authorized by law.

*** SEND ***
*** AEND ***

*** ASTART 018.0 NY 1938 ***
ARTICLE XVIII

*** SSTART 001.0 018.0 0 NY 1938 ***

1. Subject to the provisions of this article, the legislature may provide in such manner, by such means
and upon such terms and conditions as it may prescribe for low rent housing for persons of low income
as defined by law, or for the clearance, replanning, reconstruction and rehabilitation of substandard and
insanitary areas, or for both such purposes, and for recreational and other facilities incidental or
appurtenant thereto.

*** SEND ***
*** SSTART 002.0 018.0 0 NY 1938 ***

2. For and in aid of such purposes, notwithstanding any provision in any other article of this constitution,
but subject to the limitations contained in this article, the legislature may: make or contract to make or
authorize to be made or contracted capital or periodic subsidies by the state to any city, town, village,
or public corporation, payable only with moneys appropriated therefor from the general fund of the
state; authorize any city, town or village to make or contract to make such subsidies to any public
corporation, payable only with moneys locally appropriated therefor from the general or other fund
available for current expenses of such municipality; authorize the contracting of indebtedness for the
purpose of providing moneys out of which it may make or contract to make or authorize to be made or
contracted loans by the state to any city, town, village or public corporation; authorize any city, town or
village to make or contract to make loans to any public corporation; authorize any city, town or village
to guarantee the principal of and interest on or only the interest on, indebtedness contracted by a public
corporation; authorize and provide for loans by the state and authorize loans by any city, town or village
to or in aid of corporations regulated by law as to rents, profits, dividends and disposition of their
property or franchises and engaged in providing housing facilities; authorize any city, town or village to
make loans to the owners of existing multiple dwellings for the rehabilitation and improvement thereof
for occupancy by persons of low income as defined by law; grant or authorize tax exemptions in whole
or in part, except that no such exemption may be granted or authorized for a period of more than sixty
years; authorize cooperation with and the acceptance of aid from the United States; grant the power of
eminent domain to any city, town or village, to any public corporation and to any corporation regulated
by law as to rents, profits, dividends and disposition of its property or franchises and engaged in
providing housing facilities.
As used in this article, the term "public corporation" shall mean any corporate governmental agency
(except a county or municipal corporation) organized pursuant to law to accomplish any or all of the
purposes specified in this article.

*** SEND ***
*** SSTART 003.0 018.0 0 NY 1938 ***

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 (e) 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 f or 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 five 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.

*** SEND ***
*** SSTART 004.0 018.0 0 NY 1938 ***

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 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. 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 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 otherwise to
create indebtedness under any other section of this constitution. Notwithstanding the foregoing the
legislature shall not authorize any city 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 to levy annually a tax or taxes other than an ad valorem tax on real estate to an extent sufficient to
provide for the payment of the principal of and interest on any such indebtedness.  Nothing herein
contained, however, shall be construed to prevent such city from pledging its faith and credit for the
payment of such principal and interest nor shall any such law prevent recourse to an ad valorem tax on
real estate to the extent that revenue derived from such other tax or taxes in any year, together with
revenues from the project or projects aided by the proceeds of such indebtedness, shall become
insufficient to provide fully for payment of such principal and interest in that year.


*** SEND ***
*** SSTART 005.0 018.0 0 NY 1938 ***

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 shall be excluded in ascertaining the power of such city 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 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.

*** SEND ***
*** SSTART 006.0 018.0 0 NY 1938 ***

6. No loan or subsidy shall be made by the state to aid any project unless such project is in conformity
with a plan or undertaking for the clearance, replanning and reconstruction or rehabilitation of a
substandard and insanitary area or areas and for recreational and other facilities incidental or
appurtenant thereto. The legislature may provide additional conditions to the making of such loans or
subsidies consistent with the purposes of this article. The occupancy of any such project shall be
restricted to persons of low income as defined by law and preference shall be given to persons who live
or shall have lived in such area or areas.

*** SEND ***
*** SSTART 007.0 018.0 0 NY 1938 ***

7. The liability arising from any guarantee of the principal of and interest on indebtedness contracted by
a public corporation shall be deemed indebtedness in the amount of the face value of the principal
thereof remaining unpaid. The liability arising from any guarantee of only the interest on indebtedness
contracted by a public corporation shall be deemed indebtedness in the amount of the commuted value
of the total interest guaranteed and remaining unpaid, calculated on the basis of an annual interest rate of
four per centum.

*** SEND ***
*** SSTART 008.0 018.0 0 NY 1938 ***

8. Any agency of the state, or any city, town, village or public corporation, which is empowered by law
to take private property by eminent domain for any of the public purposes specified in section one of
this article, may be empowered by the legislature to take property necessary for any such purpose but
in excess of that required for public use after such purpose shall have been accomplished; and to
improve and utilize such excess, wholly or partly for any other public purpose, or to lease or sell such
excess with restrictions to preserve and protect such improvement or improvements.

*** SEND ***
*** SSTART 009.0 018.0 0 NY 1938 ***

9. Subject to any limitation imposed by the legislature, the state, or any city, town, village or public
corporation, may acquire by purchase, gift, eminent domain or otherwise, such property as it may deem
ultimately necessary or proper to effectuate the purposes of this article, or any of them, although
temporarily not required for such purposes.

*** SEND ***
*** SSTART 010.0 018.0 0 NY 1938 ***

10. The legislature is empowered to make all laws which it shall deem necessary and proper for
carrying into execution the foregoing powers. This article shall be construed as extending powers which
otherwise might be limited by other articles of this constitution and shall not be construed as imposing
additional limitations; but nothing in this article contained shall be deemed to authorize or empower the
state, or any city, town village or public corporation, to engage in any private business or enterprise
other than the building and operation of low rent dwelling houses for persons of low income as defined
by law, or the loaning of money to owners of existing multiple dwellings as herein provided.

*** SEND ***
*** AEND ***
*** ASTART 019.0 NY 1938 ***
ARTICLE XIX

*** SSTART 001.0 019.0 0 NY 1938 ***

1. Any amendment or amendments to this constitution may be proposed in the senate and assembly,
whereupon such amendment or amendments shall be referred to the attorney-general whose duty it
shall be within twenty days thereafter to render an opinion in writing to the senate and assembly as to
the effect of such amendment or amendments upon other provisions of the constitution. Upon receiving
such opinion, if the amendment or amendments as proposed or as amended shall be agreed to by a
majority of the members elected to each of the two houses, such proposed amendment or amendments
shall be entered on their journals, and the ayes and noes taken thereon, and referred to the next regular
legislative session convening after the succeeding general election of members of the assembly, and shall
be published for three months previous to the time of making such choice; and if in such legislative
session, such proposed amendment or amendments shall be agreed to by a majority of all the members
elected to each house then it shall be the duty of the legislature to submit each proposed amendment or
amendments to the people for approval in such manner and at such times as the legislature shall
prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of
the electors voting thereon, such amendment or amendments shall become a part of the constitution on
the first day of January next after such approval. 

*** SEND ***
*** SSTART 002.0 019.0 0 NY 1938 ***

2. At the general election to be held in the year nineteen hundred fifty-seven, and every twentieth year
thereafter, and also at such times as the legislature may by law provide, the question "Shall there be a
convention to revise the constitution and amend the same?" shall be submitted to and decided by the
electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a
convention for such purpose, the electors of every senate district of the state, as then organized, shall
elect three delegates at the next ensuing general election, and the electors of the state voting at the same
election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on
the first Tuesday of April next ensuing after their election, and shall continue their session until the
business of such convention shall have been completed. Every delegate shall receive for his services the
same compensation as shall then be annually payable to the members of the assembly and be
reimbursed for actual traveling expenses, while the convention is in session, to the extent that a member
of the assembly would then be entitled thereto in the case of a session of the legislature. A majority of
the convention shall constitute a quorum for the transaction of business, and no amendment to the
constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent
of a majority of all the delegates elected to the convention, the ayes and noes being entered on the
journal to be kept. The convention shall have the power to appoint such officers, employees and
assistants as it may deem necessary, and fix their compensation and to provide for the printing of its
documents, journal, proceedings and other expenses of said convention. The convention shall determine
the rules of its own proceedings, choose its own officers and be the judge of the election, returns and
qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district
delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates
representing the district in which such vacancy occurs. If such vacancy occurs in the office of a
delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any
proposed constitution or constitutional amendment which shall have been adopted by such convention,
shall be submitted to a vote of the electors of the state at the time and in the manner provided by such
convention, at an election which shall be held not less than six weeks after the adjournment of such
convention. Upon the approval of such constitution or constitutional amendment, in the manner
provided in the last preceding section such constitution or constitutional amendment, shall go into effect
on the first day of January next after such approval. 

*** SEND ***
*** SSTART 003.0 019.0 0 NY 1938 ***

3. Any amendment proposed by a constitutional convention relating to the same subject as an
amendment proposed by the legislature, coincidentally submitted to the people for approval shall, if
approved, be deemed to supersede the amendment so proposed by the legislature. 

*** SEND ***
*** AEND ***
*** ASTART 020.0 NY 1938 ***
ARTICLE XX

*** SSTART 001.0 020.0 0 NY 1938 ***

1. This constitution shall be in force from and including the first day of January, one thousand nine,
hundred thirty-nine, except as herein otherwise provided.

*** SEND ***
*** AEND ***
*** ASTART 9016.0 NY 1938 ***
                                                                                                                                
DONE in Convention at the Capitol in the city of Albany, the twenty-fifth day of August, in the year
one thousand nine hundred thirty-eight, and of the Independence of the United States of America the
one hundred and sixty-third.

IN WITNESS WHEREOF, we have hereunto subscribed our names.

FREDERICK E. CRANE, 
President and Delegate-at-Large

U. H. BOYDEN,
Secretary
 *** AEND ***

*** CEND ***