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Article VII, § 11

that purpose in the mode prescribed by section four of this article, or the cost of such improvement may be defrayed by the appropriation of funds from the state treasury or by equitable annual

tax.

1903. A. No. 363 (Int. 351). .

A. J. 133.

(For the remainder of this resolution, see proposed amendments to §§ 8 and 9 of this article, pp. 184, 190.)

AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED

§ 11. The legislature may appropriate out of any funds in the treasury, moneys to pay the accruing interest and principal of any debt heretofore or hereafter created, or any part thereof, and may set apart in each fiscal year, moneys in the state treasury as a sinking fund to pay the interest as it falls due and to pay and discharge the principal of any debt heretofore or hereafter created under section four of article seven of the constitution until the same shall be wholly paid and the principal and income of such sinking fund shall be applied to the purpose for which said sinking fund is created and to no other purpose whatever and in the event such moneys so set apart in any fiscal year be sufficient to provide such sinking fund, a direct annual tax for such year need not be imposed and collected, as required by the provisions of said section four of article seven, or of any law enacted in pursuance thereof.

1902. S. No. 208 (Int. 208). (Same as A. No. 1403.) To Sec. of State. S. J. 74, 240, 347, 363, 393, 987, 988.

A. J. 732, 1264, 1357, 1432, 1470, 1524, 1525.
A. No. 1403 (Int. 338). (Same as S. No. 208.)

A. J. 128, 1183, 1476.

1903. S. No. 1072 (Int. 9). To A.

State.

Amended, A. No. 2115. To Sec. of

S. J. 15, 399, 857, 1010, 1213, 1235, 1390, 1508, 1566.

A. J. 2777, 2816, 2817, 2818, 2994.

Adopted Nov. 7, 1905.

Vote: for, 307,768; against, 134,773.

AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE

1. Diversion of waters of Niagara river

§ 11. (Proposal to add the following new section:) Νο charter, license or privilege to divert from their natural channel the waters of the Niagara river or any portion thereof

Article VII, § 12

above Niagara Falls shall be granted to any corporation, association, person or persons except for sanitary, domestic or fire purposes, and such waters shall not be diverted for any purpose except as herein expressed. This section shall not be construed to affirm or impair the existing charter of any corporation, association or persons, or to affirm, impair or deny any right to divert the water of said river existing prior to the adoption of this section.

1906. A. No. 1792 (Int. 778). To S.

A. J. 507, 1307, 1394, 1471, 1681, 1749.

S. J. 894.

AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED

§ 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be determined under general laws, which shall also provide for the equitable apportionment thereof among the counties. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of fifty millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized.

1903.

S. No. 353 (Int. 312). (Substituted for A. No. 1245.) To Sec. of

State.

S. J. 147, 572, 701, 744, 767, 844.

A. J. 1654, 1680, 1698.

A. No. 1245 (Int. 988). (S. No. 353 substituted.)

A. J. 841, 1433, 1516, 1527, 1630, 1698.

Article VII, § 12

1905. S. No. 163 (Int. 163). To Sec. of State.

S. J. 68, 305, 345, 374, 382, 1239.

A. J. 682, 1990, 2089, 2126, 2253, 2348.
Adopted Nov. 7, 1905.

Vote: for, 383,188; against, 117,181.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Authorizing state debt for highway improvement other than in cities and villages

§ 12. (Proposal to add the following new section:) A debt or debts of the state may be authorized by law for the improvement of highways not within the boundaries of any city or village. Such highways shall be determined under general laws, which shall also provide for the equitable apportionment thereof among the counties. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of twenty millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least one per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time and for any highway be required to pay more than thirtyfive hundredths of the cost of such highways, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized.

1902. S. No. 957 (Int. 734). S. J. 782.

2. Highways in forest preserve

§ 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be determined under general laws, which shall also provide for the equitable apportionment thereof among the counties. Any county having part of the forest preserve therein shall receive its equitable apportionment of highways. Highways within the forest preserve shall be opened or improved in the same manner as other highways in the state, except that they shall not be laid out to a

Article VII, § 12

greater width than one hundred feet or improved for a greater width than other highways in the state under similar conditions. The aggregate of the debts authorized by this section shall not at any one time exceed the sum of fifty millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized.

1910. A. No. 2093 (Int. 1508). To S.
A. J. 1644, 3113, 3116, 3126, 3152.
S. J. 1710.

3. Apportionment of highway money

§ 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be determined under general laws, which shall also provide for the equitable apportionment [thereof] of the moneys authorized, among the counties containing towns, taking into consideration all moneys expended by the state for the improvement of state and county highways under chapters one hundred and fifteen of laws of eighteen hundred and ninety-eight, chapter three hundred and thirty, laws of nineteen hundred and eight, and chapter thirty of laws of nineteen hundred and nine, and the amendments to said laws. An apportionment for each of said counties shall be computed on the following basis: On the population as fixed by the federal census of nineteen hundred and ten, on the total measured mileage of public highways outside of cities and villages as obtained pursuant to section sixty-nine of chapter thirty of the laws of nineteen hundred and nine, and on the total area; and the sum of one-third of each of these three factors thus obtained for each of said counties, shall constitute such equitable apportionment. The aggregate of the debts authorized by this section shall not at any one

Article VII, § 12

time exceed the sum of [fifty] one hundred millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws, require the county or town, or both, to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized.

1912. S. No. 28 (Int. 28). S. J. 11.

4. Increasing highway debt limit to one hundred millions

§ 12. A debt or debts of the state may be authorized by law for the improvement of highways. Such highways shall be determined under general laws, which shall also provide for the equitable apportionment thereof among the counties. The aggregate of the debts authorized by this section shall not at any [one] time exceed the sum of [fifty] one hundred millions of dollars. The payment of the annual interest on such debt and the creation of a sinking fund of at least two per centum per annum to discharge the principal at maturity shall be provided by general laws whose force and effect shall not be diminished during the existence of any debt created thereunder. The legislature may by general laws require the county or town or both to pay to the sinking fund the proportionate part of the cost of any such highway within the boundaries of such county or town and the proportionate part of the interest thereon, but no county shall at any time for any highway be required to pay more than thirty-five hundredths of the cost of such highway, and no town more than fifteen hundredths. None of the provisions of the fourth section of this article shall apply to debts for the improvement of highways hereby authorized.

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