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state or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as now may exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be allowed to become indebted in any further amount until such indebtedness shall be reduced within such limit. This section shall not be construed to prevent the Debts to issuing of certificates of indebtedness or revenue bonds issued in tion not anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes; nor to prevent the city of New York from issuing bonds to be redeemed out of the tax levy for the year next succeeding the year of their issue, provided that the amount of such bonds which may be issued in any one year in excess of the limitations herein contained shall not exceed one-tenth of one per centum of the assessed valuation of the real estate of said city subject to taxation. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide for the supply of water, in excess of the limitation of indebtedness fixed herein, shall not exceed twenty years, and a sinking fund shall be created on the issuing of said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted; except that debts incurred by the city of New York after the first day of January, nineteen hundred and four, and debts incurred by any city of the second class after the first day of January, nineteen hundred and eight, and debts incurred by any city of the third class after the first day of January, nineteen hundred and ten, to provide for the supply of water, shall not be so included; and except further that any debt hereafter incurred by the city of New York for a public improvement owned or to be owned by the city, which yields to
the city current net revenue, after making any necessary allowance for repairs and maintenance for which the city is liable, in excess of the interest on said debt and of the annual instalments necessary for its amortization may be excluded in ascertaining the power of said city to become otherwise indebted, provided that a sinking fund for its amortization shall have been established and maintained and that the indebtedness shall not be so excluded during any period of time when the revenue aforesaid shall not be sufficient to equal the said interest and amortization instalments, and except further that any indebtedness heretofore incurred by the city of New York for any rapid transit or dock investment may be so excluded proportionately to the extent to which the current net revenue received by said city therefrom shall meet the interest and amortization instalments thereof, provided that any increase in the debt incurring power of the city of New York which shall result from the exclusion of debts heretofore incurred shall be available only for the acquisition or construction of properties to be used for rapid transit or dock purposes. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any debt to be so excluded shall be determined, and no such debt shall be excluded except in accordance with the determination so prescribed. The legislature may in its discretion 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 debt to be so excluded. No indebtedness of a city valid at the time of its inception shall thereafter become invalid by reason of the operation of any of the provisions of this section. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county, heretofore existing, shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, exclusive of appropriations for educational purposes1 in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt,
1 Words "exclusive of appropriations for educational purposes," new.
shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt.
§ 2. Resolved (if the Senate concur), That the foregoing Referred to amendment be referred to the legislature to be chosen at the next chosen at general election of senators, and in conformity with section one of tion of article fourteen of the constitution be published for three months previous to the time of such election.
CONCURRENT RESOLUTION of the Senate and Assembly Proposed proposing an amendment to section eleven of article eight of the ment to constitution, in relation to the state board of charities, the state commission in lunacy and the state commission or commissioners on mental hygiene.
Section 1. Resolved (if the Assembly concur), That section eleven of article eight of the constitution be amended to read as follows:1
§ 11. The legislature shall provide for a state board of chari-State board ties, which shall visit and inspect all institutions, whether state, charities. county, municipal, incorporated or not incorporated, which are of a charitable, eleemosynary, correctional or reformatory character, excepting state institutions for the education and support of the blind and the deaf and dumb, and excepting also such institutions as are hereby made subject to the visitation and inspection of either of the authorities hereinafter mentioned, but including all reformatories for juveniles; a state commission or State comcommissioner on mental hygiene, which shall visit and inspect com. all institutions, either public or private, used for the care and someon treatment of the insane, epilepties, idiots, feeble-minded or mentally defective; a state commission of prisons which shall visit State comand inspect all institutions used for the detention of sane adults prisons.
1 Section materially amended.
charged with or convicted of crime, or detained as witnesses or debtors.
Referred to § 2. Resolved (if the Assembly conçur), That the foregoing ture chosen amendment be referred to the legislature to be chosen at the next election of general election of senators and in conformity with section one of article fourteen of the constitution be published for three months previous to the time of such election.
ment to art. 12, § 2.
tion of cities.
STATE OF NEW YORK,
Apr. 24, 1920.
The foregoing resolution was duly passed, a majority of all the Senators elected voting in favor thereof.
By order of the Senate,
HARRY C. WALKER,
STATE OF NEW YORK,
Apr. 24. 1920.
CONCURRENT RESOLUTION of the Senate and Assembly proposing an amendment to section two of article twelve of the constitution, in relation to city bills.
Section 1. Resolved (if the Assembly concur), That section two of article twelve of the constitution be amended to read as follows:
§ 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand or more; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand; the third class, all other cities. Laws reand special lating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the clerk of the house from which it was sent, who if the session of the
city laws, how passed.
1 Words "clerk of the " new.
2 Word "or" omitted. Word "who new.
legislature at which such bill was passed has terminated, shall immediately transmit the same to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for the public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the govIn every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words "accepted by the city," or "cities," as the case may be; in every such law which is passed without such acceptance, by the words "passed without the acceptance of the city," or "cities," as the case may be.
§ 2. Resolved (if the Assembly concur), That the foregoing Referred to amendment be referred to the legislature to be chosen at the next chosen at general election of senators and in conformity with section one of on elec article fourteen of the constitution be published for three months senators. previous to the time of such election.