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AMENDMENTS TO THE CONSTITUTION

OF THE

STATE OF NEW YORK

Adopted by the people at the general election held November 6, 1923.

ARTICLE II

vide vote

voters.

§ 1-a. The legislature may, by general law, provide a manner Legislature in which, and the time and place at which, qualified voters who may pro may, on the occurrence of any general election be unavoidably for absent absent from the state or county of their residence because they are inmates of a soldiers' and sailors' home, or because1 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.

ARTICLE VII

debts for

veterans of

war, au

§ 13. The legislature may authorize by law the creation of a Oreation of debt or debts of the state to provide for the payment of bonuses to payment of honorably discharged soldiers, sailors and marines of the World bonuses to war who were actual residents of the state at the time of their World enlistment or induction into the military service of the United thorized. States. An apportionment of the moneys on the basis of the periods of service of the respective beneficiaries shall be provided for by general laws. The aggregate of the debts authorized by this section shall not exceed forty-five million dollars. The provisions of this article, not inconsistent with this section, relating to the issuance of bonds for a debt or debts of the state and the maturity and payment thereof, shall apply to a debt or debts created pursuant to this section; except that the law authorizing the contracting of such debt or debts shall take effect without submission to the people pursuant to section four of this article.

ARTICLE XII

cities and

§ 1. It shall be the duty of the legislature to provide for the Organizaorganization of cities and incorporated villages, and to restrict ton of their power of taxation, assessment, borrowing money, contracting villages: debts, and loaning their credit, so as to prevent abuses in assess- legislature. ments and in contracting debt by such municipal corporations;

1 Words "they are inmates of a soldiers' and sailors' home, or because,"

new.

2 Section 13 added.

La Section 1 not amended.

powers of

[1225]

Enactment

of local or

laws for

cities, restricted.

Amendments to the Constitution.

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 or other civil division thereof.

§ 2. The legislature shall not pass any law relating to the prospecial erty, affairs or government of cities, which shall be special or local either in its terms or in its effect, but 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 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.

Powers of cities to adopt and amend

local laws.

Extent of restriction of powers of legislature.

Legislature may confer

cities.

§ 3. Every city shall have power to adopt and amend local laws not inconsistent with the constitution and laws of the state, relating to the powers, duties, qualifications, number, mode of selection and removal, terms of office and compensation of all officers and employees of the city, 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 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, and the government and regulation of the conduct of its inhabitants and the protection of their property, safety and health. The legislature shall, at its next session after this section shall become part of the constitution, provide by general law for carrying into effect the provisions of this section.

§ 4. 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. § 5.5 The legislature may by general laws confer on cities such further further powers of local legislation and administration as it may, powers on from time to time, deem expedient. Election of § 6. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an oddExpiration numbered year, and the term of every such officer shall expire of terms. at the end of an odd-numbered year. The terms of office of all

officers in cities.

[blocks in formation]

Amendments to the Constitution.

such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would otherwise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to elections of any judicial officer, except judges and justices of inferior local courts.

charters

school sys

§ 7. The provisions of this article shall not affect any existing Existing provision of law; but all existing charters and other laws shall and laws, continue in force until repealed, amended, modified or superseded and public in accordance with the provisions of this article. Nothing in this tems not article contained shall apply to or affect the maintenance, support, or administration of the public school systems in the several cities of the state, as required or provided by article nine of the constitution.

7 Words "to any city of the third class, or" omitted. 8 Section 7 new.

affected.

CONCURRENT RESOLUTIONS

OF THE

SENATE AND ASSEMBLY

Proposed amendment to art. 6.

Supreme court; jurisdic

tion, dis

tricts, justices.

Judicial departments.

PROPOSED AMENDMENTS TO THE CONSTITUTION OF
THE STATE OF NEW YORK.

CONCURRENT RESOLUTION of the Senate and Assembly proposing amendments generally to article six of the constitution.1

Section 1. Resolved (if the Assembly concur), That article six of the constitution be amended to read as follows:

ARTICLE VI.

§ 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 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 judical 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.

§ 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 Appellate department shall be bounded by the lines of judicial districts. The divisions; appellate divisions of the supreme court are continued, and shall The amendments proposed are SO numerous and extensive that it is impracticable to indicate the changes proposed. [1228]

Justices.

Concurrent Resolutions

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.

to desig

The governor shall designate the presiding justice of each Governor appellate division, who shall act as such during his term of office nate and shall be a resident of the department. The other justices of justices. 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.

of appeal

ment.

Whenever the appellate division in any department shall be Transfer unable to dispose of its business within a reasonable time, a to another majority of the presiding justices of the several departments, at departa 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.

tion.

attendants.

justicos.

The several appellate divisions, except as hereinafter provided, Jurisdieshall have and exercise such original or appellate jurisdiction as is now or may hereafter be prescribed by law. Each appellate Clerks; division shall have power to appoint and remove its clerk and attendants. No justice of the appellate division shall, within the Powers of 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

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