|SAME AS||SAME AS S05416|
|COSPNSR||Salka, Lawrence, Crouch, Palmesano, Tague|
|MLTSPNSR||Byrnes, Hawley, Kolb|
|Ren Art 20 to be Art 21, add Art 20, Art 9 §4, Art 8 §§2-b & 2-c, Art 11, Art 19 §4, Art 5 §1, amd Art 19 §2, rpld Art 11, Art 5 §1, Art 3 §6, Constn|
|Proposes a constitutional amendment to divide the state into three autonomous regions; the New Amsterdam Region, the New York Region and the Montauk Region; provides regional governors and regional legislators; provides only for a state sales tax; divides various departments and agencies; provides for separate court systems and prison systems.|
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STATE OF NEW YORK ________________________________________________________________________ 5498 2019-2020 Regular Sessions IN ASSEMBLY February 12, 2019 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Local Governments CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 to the constitution, in relation to dividing New York state into three autonomous regions; proposing an amendment to article 8 of the constitution, in relation to local, school and special district budgets; proposing an amendment to article 19 of the constitution in relation to formation of new towns; proposing an amendment to section 2 of article 19 of the constitution, in relation to the constitutional convention; proposing an amendment to article 11 of the constitution, in relation to public education; proposing an amendment to article 19 of the constitution, in relation to limiting voting on a new constitution; proposing an amendment to article 3 of the constitution, in relation to the state legislature; proposing an amendment to article 5 of the constitution, relating to officers and civil departments; repealing article 11 of the constitution relating to education; repealing section 6 of article 3 of the constitution relating to the state legislature; and repealing section 1 of article 5 of the constitution relating to officers and civil departments 1 Section 1. Resolved (if the Senate concur), That article 20 of the 2 constitution be renumbered article 21 and a new article 20 be added to 3 read as follows: 4 ARTICLE XX 5 REGIONS 6 Section 1. The state of New York shall be divided into three Regions: 7 the New Amsterdam Region, the New York Region and the Montauk Region. 8 (a) The New York Region shall consist of the counties of Bronx, Kings, 9 New York, Queens and Richmond. 10 (b) The New Amsterdam Region shall consist of the counties of Albany, 11 Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89094-02-9A. 5498 2 1 Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, 2 Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Living- 3 ston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, 4 Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenec- 5 tady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, 6 Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, and Yates. 7 (c) The Montauk Region shall consist of the counties of Nassau, 8 Suffolk, Rockland, and Westchester. 9 (d) Any new counties not listed shall be assigned by state law to the 10 correct Region. 11 (e) The New Amsterdam Regional capital shall be within Albany County 12 unless the New Amsterdam Region by Regional law picks a different 13 location. The New York Regional capital shall be within Richmond County 14 unless the New York Region by Regional law picks a different location. 15 The Montauk Regional capital shall be within Westchester County unless 16 the Montauk Region by Regional law picks a different location. 17 § 2. (a) The legislative power of each Region shall be vested in two 18 houses; a Regional Senate and a Regional Assembly, whose members shall 19 be elected by the United States citizens who are 18 years of age or 20 older and reside in their respective districts. Regional Assemblyper- 21 sons and Regional Senators must be a United States citizen and be a 22 resident of the respective district or reside within seven miles of 23 their respective district. 24 (b) Regional Senators will also serve in the New York State Senate; 25 Regional Assemblypersons also will serve in the New York State Assembly. 26 (c) New Amsterdam Regional Senate shall have 24 Senators, the Montauk 27 Region shall have 12 Senators, and the New York Regional Senate shall 28 have 34 Senators. 29 (d) (i) The number of New Amsterdam Regional Assembly members shall be 30 calculated by dividing the population of the New Amsterdam Region by 31 125,000 and rounded upward to the nearest odd whole number. 32 (ii) The number of New York Regional Assembly members shall be calcu- 33 lated by dividing the population of the New York Region by 125,000 and 34 rounded upward to the nearest odd whole number. 35 (iii) The number of Montauk Regional Assembly members shall be calcu- 36 lated by dividing the population of Montauk Region by 125,000 and round- 37 ed upward to the nearest odd whole number. 38 (e) Each federal census taken decennially shall be controlling as to 39 the number of inhabitants in the state or any part thereof for the 40 purposes of the apportionment of members of the assembly and readjust- 41 ment or alteration of Regional senate and assembly districts next occur- 42 ring in so far as such census and the tabulation thereof purport to give 43 the information necessary therefor. The first year after this Article 44 takes effect the Court of Appeals shall draw the Regional Senate and 45 Assembly districts; thereafter each Regional Legislature shall by 46 Regional law draw contiguous Senate and Assembly districts of roughly 47 equal population for that Region; however one Assembly district and one 48 Senate district may include parts of Westchester and Nassau counties if 49 needed to keep districts roughly equal in population. Regional Assembly- 50 persons and Regional Senators terms will be two years. The term shall 51 start at noon on December 1st following their election and end two years 52 later at noon on December 1st. No town shall have more than one assem- 53 blyperson unless its population exceeds the population required for a 54 Regional assembly district. 55 (f) Each Regional Legislature shall hold its regular session in months 56 of January, February, and March of each year adjourning no later thanA. 5498 3 1 March 20th. Each Regional senator shall have one vote in their Regional 2 senate. Each Regional assemblyperson shall have one vote in their 3 Regional assembly. 4 (g) The fiscal year of each Region will be from March 1 to last day of 5 February of the following year. If at noon on the date a new fiscal 6 year starts all the appropriate region's budget appropriation bills and 7 revenue bills have not been enacted into law, then that region's previ- 8 ous fiscal year's budget shall become that region's default budget. Once 9 a regional default budget takes effect, no part of the appropriate 10 proposed regional executive budget shall be enacted into law. The appro- 11 priations shall remain the same as the previous fiscal year's appropri- 12 ation laws. The appropriations given to each county, city, town, village 13 or school district shall also remain the same as that region's previous 14 fiscal year. No moneys may be transferred between appropriation laws or 15 other changes to default budget may be enacted, unless approved by new 16 supplemental regional appropriation bill(s) which are enacted into law. 17 Any appropriations that were designed to be non-recurring appropriations 18 shall be dropped from the default regional budget. Supplemental regional 19 appropriation bill(s) voted on between April 1st and December 31st of 20 any calendar year shall require at least three-fifths (3/5) vote of both 21 of the appropriate regional legislature's houses with the ayes and nays 22 entered on the journal, to be enacted. The default regional budget shall 23 be treated as a regular regional budget and expire at the end of the 24 fiscal year. Supplemental regional appropriation bill(s) are any appro- 25 priation bill created by the appropriate regional legislature. 26 (h) The following consolidated chapters of New York State law shall 27 become the Regional laws of each Region: Abandoned Property, Agriculture 28 and Markets, Alcoholic Beverage Control, Alternative County Government, 29 Arts and Cultural Affairs, Banking, Benevolent Orders, Boxing Sparring 30 and Wrestling, Business Corporation, Canal, Civil Practice Law and 31 Rules, Civil Rights, Civil Service (Regional and Local), Cooperative 32 Corporations, Correction, County, Criminal Procedure, Debtor and Credi- 33 tor, Domestic Relations, Economic Development Law, Education, Elder, 34 Election (Regional and Local), Eminent Domain Procedure, Employer's 35 Liability, Energy, Environmental Conservation, Estates Powers and 36 Trusts, Executive, Financial Services Law, General Associations, General 37 Business, General City, General Construction, General Municipal, General 38 Obligations, Highway, Insurance, Judiciary (Superior, Appellate, 39 Supreme, County and Local) Labor, Legislative (Regional and Local), 40 Lien, Limited Liability Company Law, Local Finance, Mental Hygiene, 41 Military, Multiple Dwelling, Multiple Residence, Municipal Home Rule, 42 Navigation, New York State Printing and Public Documents, Not-For-Profit 43 Corporation, Parks, Recreation and Historic Preservation, Partnership, 44 Penal, Personal Property, Private Housing Finance, Public Authorities, 45 Public Buildings, Public Health, Public Housing, Public Lands, Public 46 Officers, Public Service, Racing, Pari-Mutuel Wagering and Breeding Law, 47 Railroad, Rapid Transit, Real Property, Real Property Actions and 48 Proceedings, Real Property Tax, Religious Corporations, Rural Electric 49 Cooperative, Second Class Cities, Social Services, Soil and Water 50 Conservation Districts, State, State Administrative Procedure Act, State 51 Finance, State Technology, Statute of Local Governments, Tax (except it 52 may not enact or collect any Regional sales taxes), Town, Transporta- 53 tion, Transportation Corporations, Uniform Commercial Code, Vehicle and 54 Traffic, Village, Volunteer Ambulance Workers' Benefit, Volunteer Fire- 55 fighters' Benefit, Workers' Compensation, Family Court, Surrogate's 56 Court Procedure, Uniform City Court, Uniform District Court, UniformA. 5498 4 1 Justice Court, and any other types of laws not listed in State Legisla- 2 ture's list in section 3 of this article. Regional laws for these types 3 of laws shall be supreme over state and local laws. Any state law 4 changed by this section to a Regional law shall have any mention of the 5 Court of Appeals changed to that Region's Superior Court. No person can 6 be imprisoned for any number of civil offenses for more than six months 7 in any calendar year. New York City Civil Court, New York City Criminal 8 Court law will become New York Regional law. Each Regional Legislature 9 may amend, repeal, or create new laws, but any changes will only apply 10 to that Region. No offense greater than a misdemeanor with a maximum 11 penalty less than or equal to one year in jail may be enacted by local 12 governments. Felonies with a maximum penalty greater than one year in 13 jail can only be enacted under Regional law. Misdemeanors may also be 14 enacted under Regional law. Asset forfeiture shall be allowed only if 15 the person(s) who own the asset is/are convicted of a felony and asset 16 was used in the crime and/or was obtained as result of the crime. The 17 election law requirements for getting on the ballot, for Regional Assem- 18 blyperson shall be the same or less strict than they were for a state 19 Assemblyman; for Regional Senator shall be the same or less strict than 20 they were for state Senator. Any other laws that are not listed in this 21 paragraph or in section 3 of this article shall expire on July 1st, five 22 years after the regional governors take office for the first time unless 23 reenacted as a Regional Law. All local laws, rules, ordinances and 24 regulations must be filed with the appropriate regional secretary of 25 state before they can take effect or be enforced. In the New Amsterdam 26 region; except for local land use zoning laws all such local laws, 27 rules, ordinances and/or regulations shall expire ten years after they 28 are filed. Those that were pre-existing to this article will expire on 29 January 1, three years after the regional governors take office for the 30 first time, unless reenacted and refiled. 31 (i) All Regional Senators and Regional Assemblypersons shall receive 32 the same salary set by their Regional law. They shall not receive any 33 additional compensation from the Region other than reimbursement for 34 traveling and lodging expenses if they live more than 20 miles from the 35 Regional capital. However, the Regional Speakers and the Regional senate 36 temporary senate presidents shall receive the same salary as their 37 Regional lieutenant governor. After the salary is set, no law varying 38 the compensation of Regional Senators or Regional Assemblypersons shall 39 take effect until an election of Regional Assemblypersons shall have 40 intervened. Each Regional Assemblyperson shall be provided a district 41 office of approximately the same square footage in his or her district 42 and an office at the Regional capital. The same amount shall be given to 43 each Assemblyperson to pay for staff. Such amount shall be set by 44 Regional law. Each Regional Senator shall be provided two district 45 offices totaling approximately the same square footage, in his or her 46 district and an office at the Regional capital. The same amount shall be 47 given to each Regional Senator to pay for staff. Such amount shall be 48 set by Regional law. 49 (j) The Regional Legislature may impeach for crimes and remove from 50 office a Regional governor, Regional lieutenant governor, Regional 51 Secretary of State, local elected officials or appointed Regional offi- 52 cers in its Region by a two-thirds (2/3) vote of each Regional house. 53 The state or Regional governor or any other official may not remove from 54 office any elective sheriff, county clerk, district attorney or other 55 elective local official; they may only be removed mid-term by impeach- 56 ment or conviction of a felony. A regional governor may supersede aA. 5498 5 1 district attorney in his/her region for specific case(s) by appointing a 2 special prosecutor in a manner defined by regional law. The region may 3 by regional law reassign types of cases where there might exist a 4 conflict of interest with their regional attorney general. 5 (k) A majority of each Regional house shall constitute a quorum to do 6 business. Each Regional house shall determine the rules of its own 7 proceedings and is the judge of the elections, returns and qualifica- 8 tions of its own members; shall choose its own officers; and each 9 Regional senate shall choose a temporary president and each Regional 10 assembly shall choose a speaker. No person shall serve as both a State 11 and Regional temporary senate president, nor anyone serve as both a 12 state and Regional speaker. Each Regional house of each Regional legis- 13 lature shall keep a journal of its proceedings, and publish the same on 14 the internet, except such parts as two-thirds (2/3) of its members agree 15 require secrecy. At request of one fifth (1/5) of its members, the ayes 16 and nays shall be entered on the journal. The doors of each Regional 17 house shall be kept open, except when the public welfare shall require 18 secrecy. Neither house in a Regional legislature shall, without the 19 consent of the other, adjourn for more than two days. Any bill may orig- 20 inate in either house of the Regional legislature, and all bills passed 21 by one house may be amended by the other. No bill shall be passed or 22 become a law unless it shall have been printed and placed on the inter- 23 net, in its final form, at least seven calendar days prior to its final 24 passage, unless the appropriate regional governor, or the appropriate 25 acting regional governor, shall have certified, under his or her hand 26 and the seal of the state or Region, the facts which in his or her opin- 27 ion necessitate an immediate vote thereon, in which case the law must 28 expire ten calendar days after passage, unless it is re-passed a second 29 time after it has been on the internet for seven days; nor shall any 30 bill be passed or become a law, except by the assent of a majority of 31 the members elected to each branch of a Regional legislature; and upon 32 the last reading of a bill, no amendment thereof shall be allowed, and 33 the question upon its final passage shall be taken immediately thereaft- 34 er, and the ayes and nays entered on the journal. Pre-existing tax or 35 revenue laws shall expire on July 1st five years after this article 36 takes effect. Every law or bill which imposes, continues or revives a 37 tax or raises revenue shall require at least three fifths (3/5) vote of 38 both Regional houses to pass, the ayes and nays entered on the journals, 39 and must distinctly state the tax and the object to which it is to be 40 applied. It shall not be sufficient to refer to any other law to fix 41 such tax or object; all such laws must expire on July 1st five years 42 after being passed. Any law or bill that will mandate that any county, 43 district, or other municipality must spend its own funds to comply with 44 such law shall require at least three fifths (3/5) vote of both Regional 45 houses to pass, the ayes and nays entered on the journals, all such laws 46 must expire on July 1st ten years after being passed. Any policy, rule 47 or regulation that will mandate that any county, district, or other 48 municipality must spend its own funds to comply with it must be ratified 49 by at least three fifths (3/5) vote of both Regional houses, the ayes 50 and nays entered on the journal, before it takes effect and must expire 51 on July 1st ten years after being ratified. Pre-existing mandates that 52 require a county or other municipality to spend its own funds to comply 53 with shall expire on July 1st one year and 7 months after the regional 54 governors take office for the first time. Medical costs for the needy 55 shall not be delegated by the State or by a Region to counties or other 56 municipalities, and shall be paid by the Region up to limits set byA. 5498 6 1 Regional law. A Region may by Regional law contract debts in antic- 2 ipation of the receipt of taxes and revenues, direct or indirect, for 3 the purposes and within the amounts of appropriations theretofore made. 4 Notes or other obligations for the moneys so borrowed shall be issued as 5 may be provided by law, and shall with the interest thereon be paid from 6 such taxes and revenues within one year from the date of issue. Except 7 for anticipation debt listed above no Regional debt shall be hereafter 8 contracted by or on behalf of the Region, unless such debt shall be 9 authorized by law, for some single work or purpose, to be distinctly 10 specified therein. No such debt law shall take effect until it shall, at 11 a November general election, have been submitted to the people of that 12 Region, and have received a majority of all the votes cast for and 13 against it at such election. Any such Regional debt voted on must be 14 paid off within twenty years. The Regional legislature shall provide 15 for the maintenance and support of a system of free common schools, 16 wherein all the children of its Region may be educated. 17 § 3. (a) The office of State Senator is abolished; Regional Senators 18 shall replace state senators. When meeting as the State Senate each 19 Regional Senator's vote shall be weighed by the population of his/her 20 Regional Senate District. 21 (b) The office of State Assemblyman is abolished; Regional Assembly- 22 persons shall replace state Assemblymen. When meeting as the State 23 Assembly each Regional Assemblyperson's vote shall be weighed by the 24 population of his/her Regional Assembly District. 25 (c) The State Legislature shall hold its regular session in the months 26 of April and May of each year and adjourn its regular session no later 27 than May 31st. Members of the State Legislature shall not receive more 28 than fifty dollars a day in compensation from the state for each day 29 they attend during the regular session and no compensation from the 30 state during Extraordinary sessions. The State Legislative member may 31 receive reimbursement when receipts are provided for traveling and lodg- 32 ing expenses if they live more than 30 miles from a state meeting's 33 location. No additional compensation shall be provided by the state for 34 service in the State Legislature. 35 (d) The fiscal year of state will be from May 1 to April 30 of the 36 following year. 37 (e) State Legislature's power to enact laws shall be limited only to 38 the following types of laws: Election (for state wide offices/issues and 39 United States offices only), Executive (for the state only), Indian, 40 Judiciary (Court of Appeals, Court of Claims, Judicial Conduct only), 41 Legislative (for the state only), Military (National Guard and Naval 42 only), Retirement and Social Security, State Administrative Procedure 43 Act (for the state only), State Finance (for the state only), Tax, but 44 limited to sales taxes only, Court of Claims, Civil Service (state 45 employees only), relations with the federal government, relations with 46 other states or Canada for connecting roads, bridges and other reasons, 47 and connecting roads and bridges between Regions. No criminal penalties 48 greater than a misdemeanor with a maximum one year in jail may be 49 enacted by the state or local governments. Felonies can only be enacted 50 under Regional law; National Guard felonies will be prosecuted under 51 Regional military law. Any other types of laws not listed in this 52 section shall become Regional laws for each Region and be deleted from 53 State code on July 1st following the date the Regional governors take 54 office for the first time. 55 (f) Taxes and revenue for the state shall be limited only to a sales 56 tax which may not exceed a maximum of four (4) percent. After January 1,A. 5498 7 1 ten years after the regional governors take office for the first time it 2 may not exceed a maximum of three (3) percent. The sales tax for the 3 state and local governments shall be defined as a tax on sales, on the 4 receipts from sales and/or receipts from hotel/motel room rentals, leas- 5 es or rentals of moveable goods, and/or any taxable services; including 6 a use tax on items over one thousand dollars in value that are used 7 within the state by a permanent resident but which were bought else- 8 where, and which are thus not originally subject to the sales tax. The 9 sales taxes shall never be applied to medicines, food unless served in a 10 restaurant, fuel, real property, sale of buildings, and/or nonalcoholic 11 beverages. The state shall give 25 percent of its sales tax revenue to 12 the regions divided in proportion to each region's population, until 13 January 1, ten years after the regional governors take office for the 14 first time, which shall be paid on the 15th of every month for previous 15 month's revenue. The maximum combined state and local sales taxes may 16 not exceed 8 percent. After January 1, ten years after the regional 17 governors take office for the first time, the maximum combined sales tax 18 may not exceed 7 percent. 19 (g) The state may no longer contract any debt other than in antic- 20 ipation of the receipt of taxes and revenues which must be paid back 21 within one year. 22 § 4. Regional Executive. (a) The executive power in each Region shall 23 be vested in the Regional governor, who shall hold office for four years 24 starting at noon on December 1st after his/her election. The Regional 25 lieutenant governor shall be chosen at the same time, and for the same 26 term. The Regional governors, Regional lieutenant governors, and 27 Regional secretary of states shall be elected by the people of their 28 respective Regions. They must be a United States citizen and have been a 29 resident of their respective Region for at least five years or a resi- 30 dent of their respective Region at time of its creation. Each Regional 31 governor shall have power to convene his/her Region's legislature, or 32 his/her Region's senate only, on extraordinary occasions; for a special 33 session which may last no longer than two weeks. No such special session 34 may be called within six weeks of the end of another special session. In 35 case of the removal of the Regional governor from office or of his or 36 her death or resignation, the Regional lieutenant-governor for that 37 Region shall become Regional governor for the remainder of the term. In 38 case the Regional governor is otherwise unable to discharge the powers 39 and duties of his/her office the Regional lieutenant-governor for that 40 Region shall act as Regional governor until the inability shall cease or 41 until the term of the Regional governor shall expire. If both the 42 Regional governor and Regional lieutenant governor offices for a Region 43 are vacant or otherwise unable to discharge the powers and duties of 44 their offices, that Region's Regional Secretary of State shall become 45 governor, automatically resigning as a Regional Secretary of State upon 46 taking the oath as Regional governor. If all three offices are vacant 47 that Region's temporary senate president will become governor automat- 48 ically resigning as a senator and temporary senate president upon taking 49 the oath as Regional governor. Each Region shall by Regional law deter- 50 mine how and who shall become acting Regional governor if the Regional 51 governor, Regional lieutenant governor, Regional Secretary of State and 52 temporary senate president offices all are vacant or all are otherwise 53 unable to discharge the powers and duties of their offices. The Regional 54 lieutenant-governor shall be the president of the Regional senate for 55 his/her Region but shall have only a vote if they be equally divided. 56 The election law petition requirements for getting on the ballot forA. 5498 8 1 Regional governor, Regional lieutenant governor or Regional Secretary of 2 State shall be the same or less strict than are for State Comptroller. 3 Any party conventions shall be held by Region for these Regional 4 offices. The salaries of Regional governor, Regional lieutenant governor 5 and Regional Secretary of State shall be by Regional law. After the 6 salary is set no law varying their compensation shall take effect until 7 an election of Regional governor shall have intervened. 8 (b) Every bill which shall have passed the Regional senate and assem- 9 bly shall, before it becomes a law, be presented to the Regional gover- 10 nor for that Region. If the appropriate regional governor approve, he 11 or she shall sign it; but if not, he or she shall return it with his or 12 her objections to the Regional house in which it shall have originated, 13 which shall enter the objections at large on the journal, and proceed to 14 reconsider it. In either case he/she shall place a copy of his/her 15 actions on the internet. If after such reconsideration, two-thirds of 16 the members voting in that Regional house shall agree to pass the bill, 17 it shall be sent together with the objections, to the other Regional 18 house, by which it shall likewise be reconsidered; and if approved by 19 two-thirds of the members voting in that house, it shall become a 20 regional law notwithstanding the objections of the appropriate regional 21 governor. In all such cases the votes in both Regional houses shall be 22 determined by yeas and nays, and the names of the members voting shall 23 be entered on the journal of each Regional house respectively. If any 24 bill shall not be returned by the appropriate regional governor within 25 ten days (Sundays excepted) after it shall have been presented to him or 26 her, the same shall be a law in like manner as if he or she had signed 27 it, unless the legislature shall, by their adjournment, prevent its 28 return, in which case it shall not become a law without the approval of 29 the appropriate regional governor. No bill shall become a law after the 30 final adjournment of the Regional legislature, unless approved by the 31 governor within thirty days after such adjournment. If any bill 32 presented to the appropriate regional governor contains several items of 33 appropriation of money, the appropriate regional governor may object to 34 one or more of such items while approving of the other portion of the 35 bill. If a single item of appropriation shall exceed $250,000 the appro- 36 priate regional governor may reduce the amount appropriated with his/her 37 objections. In such cases the appropriate regional governor shall append 38 to the bill, at the time of signing it, a statement of the items to 39 which he or she objects; and the appropriation so objected to shall not 40 take effect. If the Regional legislature be in session, he or she shall 41 transmit to the Regional house in which the bill originated a copy of 42 such statement, and the items objected to shall be separately reconsid- 43 ered. If on reconsideration one or more of such items be approved by 44 two-thirds of the members voting in each appropriate Regional house, the 45 same shall be part of the law, notwithstanding the objections of the 46 appropriate Regional governor. All the provisions of this paragraph, in 47 relation to bills not approved by the appropriate Regional governor, 48 shall apply in cases in which he or she shall withhold approval from any 49 item or items contained in a bill appropriating money. 50 (c) Each Regional governor shall nominate, and by and with the Advice 51 and Consent of the Regional Senate for his/her Region, shall appoint 52 Regional Commissioners, other public Ministers and Consuls, Authorities, 53 and other government controlled Public Corporations board members, 54 Regional Education Commissioner, Justices of the Appellate divisions in 55 his or her Region from elected Supreme Court Justices in their Region 56 for the remainder of their elected term, and all other Regional Offi-A. 5498 9 1 cers, whose Appointments are not herein otherwise provided for, and 2 which shall be established by law. Those appointed by Regional governor 3 without a fixed term may be removed by the appropriate regional gover- 4 nor; but the Regional legislature may by Regional law vest the Appoint- 5 ment of such inferior Officers, as they think proper, in their Regional 6 governor alone, in the Courts of Law, or in the Heads of Departments. 7 The appropriate regional governor shall be empowered to seek a warrant 8 in a Regional supreme court to hand over a criminal fugitive from anoth- 9 er state or Region to the agents of the Governor of the State of New 10 York to allow for the fugitive's return to the location the fugitive 11 committed the alleged crime. This power can be regulated by Regional 12 law. Each regional governor shall be empowered to pardon for civil and 13 criminal offenses of state, regional law or local law that occurred 14 within his/her region. 15 (d) Annually, on or before the first Monday of January each Regional 16 governor shall place on the internet and submit to his/her Regional 17 legislature a budget containing a complete plan of expenditures proposed 18 to be made before the close of the ensuing fiscal year and all moneys 19 and revenues estimated to be available therefor, together with an expla- 20 nation of the basis of such estimates and recommendations as to proposed 21 Regional legislation, if any, which the appropriate regional governor 22 may deem necessary to provide moneys and revenues sufficient to meet 23 such proposed expenditures. It shall also contain such other recommenda- 24 tions and information as the appropriate regional governor may deem 25 proper and such additional information as may be required by law. At the 26 time of submitting the budget to his/her Regional legislature the appro- 27 priate regional governor shall submit a bill or bills containing all the 28 proposed appropriations and re-appropriations included in the budget and 29 the proposed Regional legislation, if any, recommended therein. No money 30 shall ever be paid out of a Regional treasury or any of its funds, or 31 any of the funds under its management, except in pursuance of an appro- 32 priation by law; nor unless such payment be made within two years next 33 after the passage of such appropriation act; and every such law making a 34 new appropriation or continuing or reviving an appropriation, shall 35 distinctly specify the sum appropriated, and the object or purpose to 36 which it is to be applied; and it shall not be sufficient for such law 37 to refer to any other law to fix such sum. 38 (e) The Regional Secretary of State for each region shall be elected 39 at the same general election as the regional governor and hold office 40 for the same term. The Regional Secretary of State shall run his/her 41 region's Department of State and shall appoint with the Advice and 42 Consent of appropriate regional Senate for his/her region the regional 43 Commissioner of Motor Vehicles and the regional Attorney-General, and 44 may remove them. Should the office of Regional Secretary of State be 45 vacant or he/she become regional governor or acting regional governor, 46 the appropriate regional Senate will elect a Regional Secretary of State 47 to serve the remainder of the term. 48 (f) The Regional Board of Elections for each region shall regulate all 49 elections with the local boards of elections in its region. The State 50 Board of Elections shall coordinate and fund elections for state wide 51 offices/issues and United States offices with regional Boards of 52 Elections. Ballots for state wide offices/issues and United States 53 offices shall be a separate ballot sheet from regional offices/issues 54 and Local Offices/issues. In the New Amsterdam and Montauk regions each 55 County shall continue to fund a county Board of Elections. Starting on 56 July 1st, after the regional governors take office for the first time,A. 5498 10 1 the New Amsterdam and Montauk Regional Board of Elections and the County 2 Boards of Elections shall conduct all regional, local, school district, 3 village, fire district and other local district elections in a manner 4 set by New Amsterdam or Montauk regional law. 5 § 5. After the regional governors take office for the first time, the 6 governors' panel shall consist of the State Governor and the Regional 7 Governors. The governors' panel shall meet weekly to divide departments, 8 transfer employees, property, assets as defined in this article by 9 majority vote, and debts as defined in this article. After August 1st of 10 the year the regional governors take office for the first time, the 11 governors' panel shall continue to meet at least once a calendar year. 12 The Court of Appeals shall have original jurisdiction if a Regional 13 governor appeals a decision of this governors' panel or to break a tie 14 vote of this governors' panel. When a department, office or agency is 15 divided, its employees will become employees of the Region they primari- 16 ly work in, or whose issues they primarily work on. If a department, 17 office or agency only works on the issues of a single Region its employ- 18 ees shall all become employees of that Region. Equipment, media and 19 vehicles shall be divided equitably. Each member of a state board, or 20 Commission which is divided shall remain on the boards, Regional author- 21 ity boards, or Regional Commissions for the remainder of his/her term 22 only for the Region where he/she is registered to vote (if they are not 23 registered to vote in New York State their seat shall be vacant in all 24 Regions). Any vacant seats will be filled according to Regional law. Any 25 Department/ operations and agency/office whose employees' pay and bene- 26 fits are fully funded by the federal government may be left under state 27 by this governors' panel and continue to perform their duties while 28 under the state governor's chain of command. The governors' panel shall 29 continue to review whether any changes in federal funding have occurred 30 that would require it to be divided at a later date. Unless otherwise 31 stated in this article such divisions shall be completed by April 1st 32 after the Regional governors take office for the first time. 33 (a) The Office of State Attorney-General is abolished and all its 34 powers and duties given to the Regional Attorney-Generals. Department of 35 Law and Office of State Attorney-General employees and duties shall be 36 divided between the Regional Attorney-Generals' Departments of Law. For 37 the purposes of this constitution, the term "attorney-general" shall 38 mean "appropriate regional attorney-general" wherever it appears. 39 (b) The State Comptroller shall have the power to audit each Region 40 and charge the Regions the reasonable costs related to performing the 41 audits. The State Comptroller's other powers and duties of his or her 42 office shall not be affected by the provisions of this article. 43 (c) The Board of Regents is abolished and all its powers and duties 44 transferred to the Regional Education Departments. Department of educa- 45 tion employees shall be divided between the Regional Education Depart- 46 ments. 47 (d) The Office of General Services, Department of Civil Service, and 48 State Board of Elections employees shall be divided into four sections, 49 some remaining under the state and the rest being transferred to each 50 Region. Department of Tax and Finance employees shall also be divided 51 into four sections; provided that those employees whose duties involve 52 sales taxes shall remain under the Governor and the rest shall be 53 divided between the Regional Departments of Tax and Finance. 54 (e) The Division of State Police is abolished and its employees shall 55 be divided between the Capital Police under the State (which shall notA. 5498 11 1 have more 50 officers), the New Amsterdam Regional Police Division, 2 Montauk Regional Police Division, and New York Regional Police Division. 3 (f) The following departments, corporations or authorities shall 4 remain part of New York State government: Court of Appeals, Court of 5 Claims, Office of State Comptroller (Department of Audit and Control, 6 NYS and Local Retirement System), Governor's Office, Metro-North Commu- 7 ter Railroad Company and Long Island Rail Road Company whose boards will 8 be nominated by State Governor and confirmed by State Senate, State 9 Commission on Judicial Conduct, and Teachers' Retirement System. All 10 other Executive Departments, offices, or agencies not otherwise set 11 forth in this article shall be abolished and their duties and employees 12 shall be divided between the new Regional Departments or offices of the 13 same name. 14 (g) Unless otherwise stated in this article, appointments for depart- 15 ments, offices and agencies shall be made by the appropriate regional 16 governors. Appointments for vacant local offices shall be made by the 17 appropriate Regional governor. 18 (h) (i) Authorities, and other Public Corporations, who have some of 19 their board members appointed by the Governor or other New York State 20 officials, and exist in only one region shall have their board members 21 appointed by that Region's Regional Governor. Authorities and other 22 government controlled Public Corporations who have some of their board 23 members appointed by Governor or other New York State officials and 24 exist in more than one region shall be divided into regional Authori- 25 ties, or regional government controlled Public Corporations, by July 1st 26 after first time the regional governors take office. Each of new 27 regional Authorities or regional government controlled Public Corpo- 28 rations shall take over the ownership of the assets, property, and leas- 29 es in their region. Equipment, media, and vehicles shall be divided 30 equitably, while debts are divided in proportion to each region's popu- 31 lation. They shall have their board members appointed by that Region's 32 Regional Governor. If some or all of the board members of these divided 33 Authorities and other government controlled Public Corporations are 34 appointed by local officials, each local official may only appoint board 35 members of new regional Authorities or regional government controlled 36 Public Corporations in the region that official serves. 37 (ii) Schools, Libraries, Fire districts or villages that exist in more 38 than one region shall be divided along the regional boundary within 39 three years after the first time the regional governors take office. The 40 divided districts shall take over the ownership of the assets, property 41 and leases in their region. Equipment, media and vehicles shall be 42 divided equitably, while debts shall be divided in proportion to each 43 new district's/village's assessed value. The State Comptroller shall 44 assign employee(s) to help the districts/villages divide assets and 45 debts. 46 (i) The State University of New York shall be divided by July 1st 47 after first election of Regional governors. All campus, locations, and 48 employees in the New Amsterdam Region shall be part of the University of 49 New Amsterdam and its board(s) appointed by New Amsterdam Regional 50 Governor with advice and consent of the New Amsterdam Regional Senate. 51 The New York and Montauk Regions shall pay at least $8,000 every six 52 months for each Regional resident enrolled full time in a Bachelor's 53 degree program at the University of New Amsterdam, for a maximum of 54 eight payments, unless they shall by New York or Montauk Regional law 55 set a higher amount. All campus, locations, and employees in the Montauk 56 Region shall be part of the University of Montauk and its board(s)A. 5498 12 1 appointed by the Montauk Regional Governor with advice and consent of 2 the Montauk Regional Senate. The New York and New Amsterdam Regions 3 shall pay at least $8,000 every six months for each Regional resident 4 enrolled full time in a Bachelor's degree program at the University of 5 Montauk, for a maximum of eight payments, unless they shall by New York 6 or New Amsterdam Regional law set a higher amount. All campus, 7 locations, and employees in the New York Region including the City 8 University of New York shall be part of the University of New York and 9 its board(s) appointed by the New York Regional Governor with advice and 10 consent of the New York Regional Senate. The New Amsterdam and Montauk 11 Regions shall pay at least $8,000 every six months for each Regional 12 resident enrolled full time in a Bachelor's degree program at the 13 University of New York, for a maximum of eight payments, unless they 14 shall by New Amsterdam Regional law set a higher amount. 15 (j) (i) New York State owned assets, roads and bridges, property, 16 revenue, taxes (other than state sales taxes), and leases shall, by 17 April 1 after the first election of Regional governors, become the 18 assets, roads and bridges, property, revenue, taxes, and leases of the 19 Region of which they are located, earned, or of persons from which they 20 are collected reside; except that in the case of income taxes, if a 21 person earns income in one Region and resides in another Region, the 22 Region he or she earns the income in shall give him a tax credit for the 23 amount of income taxes paid in their home Region on that income. The 24 following buildings and associated land will remain state owned: The 25 State Capitol building, the Legislative Office building, the Governor 26 Alfred E Smith building, State Comptroller's building at 110 State St, 27 State Comptroller's building Parking Garage, Sheridan Hollow Parking 28 Garage, and The Governor's Executive Mansion, all located in Albany, and 29 the Adam Clayton Powell Jr. State Office Building in Harlem. 30 (ii) One half of state debt, incurred prior to the effective date of 31 this article shall remain a state obligation; the rest will become 32 regional debt and shall be divided in proportion each region's popu- 33 lation. Any payments for retirees of the New York State and Local 34 Retirement System and Teachers' Retirement System shall remain a state 35 obligation. The governors' panel shall designate two correctional facil- 36 ities for males and one correctional facility for females located in the 37 New Amsterdam Region to be owned, rented, or leased by New Amsterdam 38 Region. The remaining correctional facilities located in the New Amster- 39 dam Region shall be designated to be owned, rented, or leased by the New 40 York Region or the Montauk Region. The employees in these correctional 41 facilities shall become New York Region employees or Montauk Region 42 employees. Inmates in correctional facilities shall be divided so that 43 those who committed their crimes in the New York Region shall serve 44 their time in correctional facilities owned, rented, or leased by the 45 New York Region; while those who committed their crimes in the New Amst- 46 erdam Region shall serve their time in correctional facilities owned, 47 rented, or leased by the New Amsterdam Region and while those who 48 committed their crimes in the Montauk Region shall serve their time in 49 correctional facilities owned, rented, or leased by the Montauk Region. 50 Inmates shall be transferred to appropriate correctional facilities by 51 February 1, two years after the regional governors take office for the 52 first time. After that date a region holding inmate(s) that should be 53 transferred may charge the appropriate region for costs of holding the 54 inmate(s) in their correctional facility. Patients or residents in 55 Mental Hospitals, Developmental Centers or Group Homes who are currently 56 paid for by the state and whose original home address is in a differentA. 5498 13 1 region than such Mental Hospital, Developmental Center or Group Home is 2 located shall have their costs paid by their original home region. 3 (k) The Office of Court Administration shall be divided into four 4 sections; some employees remaining under the chief judge of the Court of 5 Appeals and the rest being transferred to each Region. The division of 6 Military and Naval Affairs' New York National guard and employees will 7 remain under the New York State governor as commander in chief; the 8 division of Military and Naval Affairs' New York Guard and employees 9 shall be divided into Regional guards with each Regional governor as 10 commander in chief. Employees and property owned or leased for use of 11 the Division of Military and Naval Affairs will be divided appropriate- 12 ly. 13 § 6. Regional Judiciary. (a) The New York Regional Governor shall 14 appoint, with the advice and consent of the New York Regional Senate, 15 county judges and/or Supreme Court Justices in the New York Region to 16 serve the remainder of their term of office as Chief Justice or associ- 17 ate justice on New York Regional Superior Court. There shall be a Chief 18 Justice and four associate justices on the New York Regional Superior 19 Court. The New York Regional Superior Court shall hear appeals, in a 20 manner defined by New York Regional law, from the First and Second judi- 21 cial departments, on Regional laws or local laws within the Region and 22 shall have the final determination in interpreting New York Regional 23 laws or local laws and whether such laws are constitutional. Salaries 24 and expenses of all courts in the First and Second judicial departments 25 shall be set and paid in a manner defined by New York Region law. When a 26 vacancy occurs in the New York Regional Superior Court or a New York 27 Regional supreme court and the Regional senate is not in session, the 28 New York regional governor shall call it back in a special session to 29 fill the vacancy. 30 (b) The New Amsterdam Regional Governor shall appoint, with the advice 31 and consent of the New Amsterdam Regional Senate, county judges and/or 32 Supreme Court Justices in the New Amsterdam Region, to serve the remain- 33 der of their term of office as Chief Justice or associate justice on the 34 New Amsterdam Regional Superior Court. There shall be a Chief Justice 35 and four associate justices on the New Amsterdam Regional Superior 36 Court. The New Amsterdam Regional Superior Court shall hear appeals, in 37 a manner defined by New Amsterdam Regional law, from the Third and 38 Fourth judicial departments on Regional laws and shall have the final 39 determination in interpreting New Amsterdam Regional laws or local laws 40 and whether such laws are constitutional. Salaries and expenses of all 41 courts in the Third and Fourth judicial departments shall be set and 42 paid in a manner defined by New Amsterdam Region law. When a vacancy 43 occurs in the New Amsterdam Regional Superior Court or a New Amsterdam 44 Regional supreme court and the Regional senate is not in session the New 45 Amsterdam regional governor shall call it back in a special session to 46 fill the vacancy. 47 (c) The Montauk Regional Governor shall appoint, with the advice and 48 consent of the Montauk Regional Senate, county judges and/or Supreme 49 Court Justices in Montauk Region; to serve the remainder of their term 50 of office as Chief Justice or associate justice on the Montauk Regional 51 Superior Court. There shall be a Chief Justice and four associate 52 justices on the Montauk Regional Superior Court. The Montauk Regional 53 Superior Court shall hear appeals, in a manner defined by Montauk 54 Regional law, from Fifth and Sixth judicial department on Regional laws 55 and shall have the final determination in interpreting Montauk Regional 56 laws or local laws and whether such laws are constitutional. SalariesA. 5498 14 1 and expenses of all courts in the Fifth judicial departments shall be 2 set and paid in a manner defined by Montauk Regional law. When a vacancy 3 occurs in the Montauk Regional Superior Court or a Montauk Regional 4 supreme court and the Regional senate is not in session the Montauk 5 Regional governor shall call it back in a special session to fill the 6 vacancy. 7 (d) Justices of the Appellate Division First and Second judicial 8 departments shall be appointed by the New York Regional Governor. 9 (e) Justices of the Appellate Division Third and Fourth judicial 10 departments shall be appointed by the New Amsterdam Regional Governor. 11 (f) Justices of the Appellate Division Fifth and Sixth judicial 12 departments shall be appointed by the Montauk Regional Governor. 13 (g) The jurisdiction of each Regional Superior Court shall be limited 14 to the review of questions of applicable United States law, state law, 15 regional law, local laws, rules, charters, ordinances or regulations, 16 when hearing appeals from appellate divisions; except where the judgment 17 is of death where appeal will be to the Court of Appeals, or where the 18 appellate division within its Region, on reversing or modifying a final 19 or interlocutory judgment in an action or a final or interlocutory order 20 in a special proceeding, finds new facts and a final judgment or a final 21 order pursuant thereto is entered. The right to appeal shall not depend 22 upon the amount involved. The applicable Regional Superior Court shall 23 adopt and from time to time may amend a rule to permit the court to 24 answer questions of Regional law certified to it by the Supreme Court of 25 the United States, a Court of Appeals of the United States or an appel- 26 late court of last resort of another state, which may be determinative 27 of the cause then pending in the certifying court and which in the opin- 28 ion of the certifying court are not controlled by precedent in the deci- 29 sions of the courts of that Region. Each region may by regional law set 30 up a regional court of claims, which shall have at least five judges the 31 actual number of judges shall be set by regional law. The term of 32 office shall be ten years. The terms shall be staggered so an equal 33 number of judges terms expire on every December 31st of even numbered 34 years. At least three judges must hear each case. The judges shall be 35 appointed by the appropriate regional governor but must be confirmed by 36 the appropriate regional Senate. The court shall have jurisdiction to 37 hear and determine claims against that region or by that region against 38 the claimant or between conflicting claimants as the regional legisla- 39 ture may by regional law provide. Regional law may also give its 40 regional court of claims the power to hear claims against any county, 41 district, or other municipality over a dollar amount set by regional 42 law. Jury trials shall not be allowed at a regional court of claims. 43 Any appeals may be heard by the applicable Regional Superior Court. The 44 Chief Justice of the applicable Regional Superior Court shall be the 45 Chief Justice of that Region's courts and shall be the chief judicial 46 officer of that region's unified court. In each Region there shall be an 47 administrative board of the courts which shall consist of the Chief 48 Justice of the applicable Regional Superior Court as chairperson and the 49 presiding justice of the appellate division of the supreme court of each 50 judicial department within that Region. The Chief Justice shall, with 51 the advice and consent of the administrative board of the courts, 52 appoint a chief administrator of the courts in that Region who shall 53 serve at the pleasure of that Regional Chief Justice. The Regional chief 54 administrator, on behalf of the Chief Justice, shall supervise the 55 administration and operation of the unified Regional court system. In 56 the exercise of such responsibility, the Regional chief administrator ofA. 5498 15 1 the courts shall have such powers and duties as may be delegated to him 2 or her by that Region's Chief Justice and such additional powers and 3 duties as may be provided by Regional law. The Chief Justice, after 4 consultation with that Region's administrative board, shall establish 5 standards and administrative policies for general application throughout 6 that Region, which shall be submitted by the Chief Justice of that 7 Region's superior court, together with the recommendations, if any, of 8 that Region's administrative board. Such standards and administrative 9 policies shall be promulgated after approval by that Region's superior 10 court. When a judge is appointed to a Regional Superior Court an addi- 11 tional new judge position shall be temporarily created in the trial 12 court for the length of the appointment and filled by election to take 13 over the vacancy produced by the appointment to the Regional Superior 14 Court. Each region shall fund its own courts. After January 1, two years 15 after the regional governors take office for the first time the number 16 of judges on each Appellate Division shall be set by the applicable 17 region's law. 18 (h) A Fourteenth Judicial District shall be created consisting of 19 Dutchess, Orange, and Putnam counties. This 14th Judicial District shall 20 be part of the Third Judicial Department. A fifteenth Judicial District 21 shall be created consisting of Nassau County. A fifth Judicial Depart- 22 ment shall be created consisting of the remaining parts of the tenth 23 Judicial District and the fifteenth Judicial District. A Sixth Judicial 24 Department shall be created consisting of the remaining parts of the 25 ninth Judicial District. 26 (i) The Court of Appeals shall, after each federal census is taken 27 decennially, also draw U.S. Congressional districts for the next 28 election, but limit the number of districts crossing regional boundaries 29 to maximum of three. 30 (j) (i) There shall be a unified court system for each Region of the 31 state. The state-wide courts shall consist of the Court of Appeals, and 32 the court of claims. The Region-wide courts of each Region shall 33 consist of each Region's Regional superior court, supreme courts includ- 34 ing the appellate divisions thereof, the county court, the surrogate's 35 court and the family court, as hereinafter provided. The unified court 36 system for each Region shall also include the district, town, city and 37 village courts, within each Region as hereinafter provided. The New 38 York Regional legislature shall establish in and for the city of New 39 York, as part of the unified court system for its region, a single, 40 city-wide court of civil jurisdiction and a single, city-wide court of 41 criminal jurisdiction, as hereinafter provided, and may upon the request 42 of the mayor and the local legislative body of the city of New York, 43 merge the two courts into one city-wide court of both civil and criminal 44 jurisdiction. 45 (ii) The Court of Appeals, the Regional superior courts, supreme 46 courts including the appellate divisions thereof, the court(s) of 47 claims, the county court, the surrogate's court, the family court, the 48 courts or court of civil and criminal jurisdiction of the city of New 49 York, and such other courts as the applicable Regional legislature may 50 determine shall be courts of record. 51 (iii) All processes, warrants and other mandates of the Court of 52 Appeals, and the court of claims may be served and executed in any part 53 of the state. All processes, warrants and other mandates of the Regional 54 superior court, supreme courts including the appellate divisions there- 55 of, the county court, the surrogate's court, the family court and other 56 Regional courts may be served and executed only in the applicableA. 5498 16 1 Region. All processes, warrants and other mandates of the courts or 2 court of civil and criminal jurisdiction of the city of New York may, 3 subject to such limitation as may be prescribed by the New York Regional 4 legislature, be served and executed in any part of the New York Region. 5 The applicable Regional legislature may provide that processes, warrants 6 and other mandates of the district court may be served and executed in 7 any part of the Region and that processes, warrants and other mandates 8 of town, village and city courts outside the city of New York may be 9 served and executed in any part of the county in which such courts are 10 located or in any part of any adjoining county within that Region. 11 (iv) The court of appeals is continued. Effective on December 1st 12 after the regional governors are elected for the first time, it shall 13 consist of the eleven judges. Those in office on the effective date of 14 this article shall continue to hold their offices until the expiration 15 of their respective terms. The official terms of the court of appeals 16 chief judge and the associate judges shall be fourteen years. After the 17 regional governors are elected for the first time, the chief judge shall 18 assign each associate judge into Classes; the first Class shall be the 19 current chief judge and one associate judge whose successors will 20 continue to be nominated by the state governor. The chief judge shall 21 also create one class for each region with three (3) judgeships in each 22 class; and assign the remaining associate judges and new or vacant seats 23 equally among the regional classes; so their successors or new judges 24 can be nominated by the regional governor of the region of whose class 25 they were assigned. The court of appeals shall have the power to 26 appoint from its members its chief judge who will serve at the pleasure 27 of the court. The court of appeals shall have power to appoint and to 28 remove its clerk. A majority of the court may decide to hear or reject 29 appeals from a Regional Superior Court. Two-thirds (2/3) members of the 30 court shall constitute a quorum, and the concurrence of at least three- 31 quarters (3/4) of full Court of Appeals judges shall be necessary to a 32 decision on an appeal from a Regional Superior Court; however when the 33 Court of Appeals has original jurisdiction only a majority vote will be 34 needed for a decision. When the Court of Appeals cannot reach a decision 35 the lower court ruling is upheld, except where the judgment is of death, 36 where the Court of Appeals must reach a decision or a lower court ruling 37 allowing death is overturned. The powers and jurisdiction of the court 38 shall not be suspended for want of appointment when the number of judges 39 is sufficient to constitute a quorum. 40 (v) The commission on judicial nomination members shall be replaced 41 and shall be chosen as follows: four shall be appointed by each regional 42 governor, four by the chief judge of the court of appeals, one by the 43 regional speaker of each regional assembly, one by regional temporary 44 president of each regional senate, one by regional minority leader of 45 each regional senate, and one by regional minority leader of each 46 regional assembly. Of the four members appointed by each of the regional 47 governors, no more than two shall be enrolled in the same political 48 party, two shall be members of the bar of the state or region, and two 49 shall not be members of the bar of the state or region. Of the four 50 members appointed by the chief judge of the court of appeals, no more 51 than two shall be enrolled in the same political party, two shall be 52 members of the bar of the state or region, and two shall not be members 53 of the bar of the state or region. No member of the commission shall 54 hold or have held any judicial office or hold any elected public office 55 for which he or she receives compensation during his or her period of 56 service, except that the governor and the chief judge may each appointA. 5498 17 1 no more than one former judge or justice of the state or regional court 2 system to such commission. No member of the commission shall hold any 3 office in any political party. No member of the judicial nominating 4 commission shall be eligible for appointment to judicial office in any 5 court of the state during the member's period of service or within one 6 year thereafter. 7 (vi) The members appointed by the state governor, the temporary presi- 8 dent of the senate, the speaker of the assembly and the minority leader 9 of the senate shall be removed from the commission on December 1st after 10 the regional governors are elected for the first time. The members first 11 appointed by each regional governor shall have respectively one, two, 12 three and four year terms as that regional governor shall designate. 13 Each subsequent appointment by a regional governor shall be for a term 14 of four years and those appointed by the chief judge shall be for a term 15 of four years. The other members shall have a term of two years. 16 Appointments to fill a vacancy shall only be for the remainder of the 17 term. 18 (vii) The commission shall consider the qualifications of candidates 19 for appointment to the offices of judge and chief judge of the court of 20 appeals and, whenever a vacancy in those offices occurs, shall prepare a 21 written report and recommend to the appropriate regional governor or 22 state governor at least seven persons who are well qualified for those 23 judicial offices. 24 (viii) The appropriate regional governor shall appoint, with the 25 advice and consent of his/her regional senate, from among list of those 26 recommended by the judicial nominating commission, a person to fill the 27 office of Court of Appeals judge, whenever a vacancy occurs in a court 28 of appeals in a seat in the class assigned to his/her region. The appro- 29 priate regional governor shall transmit to his/her regional senate the 30 written report of the commission on judicial nomination relating to the 31 nominee; provided, however, that no person may be appointed a judge of 32 the court of appeals by a regional governor unless such person is a 33 resident of that governor's region and has been admitted to the practice 34 of law in that region or in this state. The state governor shall 35 appoint, with the advice and consent of the state senate, from among 36 those recommended by the judicial nominating commission, a person to 37 fill the office of of Court of Appeals judge whenever a vacancy occurs 38 in a court of appeals in seat in first class assigned to the state 39 governor; provided, however, that no person may be appointed a judge of 40 the court of appeals by the state governor unless such person is a resi- 41 dent of the state and has been admitted to the practice of law in this 42 state or a region within this state for at least ten years. The governor 43 shall transmit to the senate the written report of the commission on 44 judicial nomination relating to the nominee. 45 (ix) The jurisdiction of the Court of Appeals shall be limited to the 46 review of questions of law on appeal from a Regional Superior Court 47 except where the judgment is of death. The Court of Appeals will only 48 hear those appeals where at least two-thirds (2/3) of Court of Appeals 49 judges vote to hear the case. The Court of Appeals shall continue to 50 have the final say in interpreting New York State law and whether New 51 York State laws are Constitutional when hearing appeals on New York 52 State law from the appellate divisions. All appeals from the appellate 53 divisions on regional law, local law, regional charter, regional regu- 54 lation, or local regulation must first be heard by the appropriate 55 Regional Superior Court before being appealed to the Court of Appeals. 56 The Court of Appeals may only reverse a Regional Superior Court rulingA. 5498 18 1 or a lower court ruling that a Regional Superior Court has let stand if 2 at least three-quarters (3/4) of Court of Appeals judges vote to reverse 3 the ruling. The Court of Appeals shall have original jurisdiction of 4 actions of one region against another region. 5 (x) The state shall be divided into six judicial departments. The 6 first department shall consist of the counties within the first and 7 twelfth judicial districts of the state. The second department shall 8 consist of the counties within the second, ninth, eleventh and thir- 9 teenth judicial districts of the state. The third department shall 10 consist of the counties within the third, fourth, sixth and fourteenth 11 judicial districts of the state. The fourth department shall consist of 12 the counties within the fifth, seventh and eighth judicial districts of 13 the state. The fifth department shall consist of the counties within the 14 tenth and fifteenth judicial districts of the state. A Sixth Judicial 15 Department shall be created consisting of remaining parts of ninth Judi- 16 cial District in Rockland and Westchester counties. Each department 17 shall be bounded by the lines of judicial districts. Once every ten 18 years the applicable regional legislature may alter the boundaries of 19 the judicial departments in its region, but without changing the number 20 thereof and no judicial department may be drawn in such a way to have 21 counties from more than a single Region. 22 (xi) Each of the justices of the appellate divisions of the supreme 23 court are continued as justices and shall serve in the department and 24 region they reside. Appellate divisions of the supreme court shall have 25 name of its region, and shall consist of at least five justices of the 26 supreme court but the exact number in each department shall be set by 27 applicable region's law. In each appellate division, four justices shall 28 constitute a quorum, and the concurrence of three shall be necessary to 29 a decision. No more than five justices shall sit in any case. 30 (xii) The justices of each appellate division shall be designated by 31 the appropriate regional governor, from all the justices elected to the 32 supreme court for terms of five years or the unexpired portions of their 33 respective terms of office, if less than five years, and each justice 34 during his or her term of office shall be a resident of the department. 35 The justices of each appellate division shall elect the presiding 36 justice of their appellate division, for a two year term. Until an 37 election is held the appropriate regional governor shall designate an 38 acting presiding justice. 39 (xiii) The state shall be divided into judicial districts. Unless 40 otherwise stated in this article all judicial districts shall continue 41 to keep the same boundaries that existed prior to the adoption of this 42 article unless modified according to section 6 of Article VI. If any 43 judicial district exists in more than one region it shall be divided 44 into separate districts along the regional boundary. 45 (xiv) Once every ten years the applicable regional legislature may 46 increase or decrease the number of judicial districts or alter the 47 composition of judicial districts and thereupon re-apportion the 48 justices to be thereafter elected in the judicial districts so altered 49 and/or assign judicial districts to a different judicial department. 50 Each judicial district shall be bounded by county lines. No judicial 51 district may be drawn in such a way to have counties from more than a 52 single region or be assigned to judicial department not contained within 53 its region. 54 (xv) Each supreme court shall have the name of its region added to the 55 beginning of its title.A. 5498 19 1 (xvi) The provisions of this section shall in no way limit or impair 2 the jurisdiction of the regional supreme court as set forth in section 3 seven of this article. All proceedings of the family court shall be 4 open to the public, however the court may require that only the first 5 names of the minors and their parents or their relatives be used in its 6 proceedings and shall prohibit video and photo(s) of its proceedings. 7 (xvii) The state legislature may provide for the manner of trial of 8 actions and proceedings involving claims against the state. The appro- 9 priate regional legislature may provide by regional law what claims 10 against its region or local governments may be heard by its regional 11 court of claims and whether a jury trial will be allowed. 12 (xviii) Each court shall exercise jurisdiction over any action or 13 proceeding transferred to it pursuant to this section, but no action or 14 proceeding shall ever be transferred out of its original region. 15 (xix) There shall be a commission on judicial conduct. The commission 16 on judicial conduct shall receive, initiate, investigate and hear 17 complaints with respect to the conduct, qualifications, fitness to 18 perform or performance of official duties of any judge or justice of the 19 unified court system, in the manner provided by law; and may determine 20 that a judge or justice be admonished, censured or removed from office 21 for cause, including, but not limited to, misconduct in office, persist- 22 ent failure to perform his or her duties, habitual intemperance, and 23 conduct, on or off the bench, prejudicial to the administration of 24 justice, or that a judge or justice be retired for mental or physical 25 disability preventing the proper performance of his or her judicial 26 duties. The commission shall transmit such determination to the chief 27 judge of the court of appeals who shall cause written notice of such 28 determination to be given to the judge or justice involved. Such judge 29 or justice may either accept the commission's determination or make 30 written request to the chief judge of the court of appeals if part of 31 state unified court system or chief justice of the appropriate Regional 32 Superior Court if part of regional unified court system, within thirty 33 days after receipt of such notice, for a review of such determination by 34 the court of appeals or the appropriate Regional Superior Court. Any 35 complaint about a justice who is a member of a regional Superior Court 36 shall be referred to the members of the applicable regional senate 37 committee(s) for investigation and appropriate action. Any complaint 38 about a judge who is a member of the Court of Appeals shall be referred 39 to all members of the applicable state senate committee(s) for investi- 40 gation and appropriate action, as this commission on judicial conduct 41 shall have no jurisdiction over them. The commission on judicial conduct 42 members shall be replaced and shall be chosen as follows: four shall be 43 appointed by each regional governor, one by each regional temporary 44 president of the regional senates, one by the minority leader of each of 45 the regional senates, one by each speaker of the regional assemblies, 46 one by the minority leader of each of the regional assemblies and three 47 by the chief judge of the court of appeals. Of the members appointed by 48 the regional governors none shall be a member of the bar of the state or 49 region nor a judge or justice. Of the members appointed by the chief 50 judge all shall be members of the bar of the state or region. None of 51 the persons to be appointed by the legislative leaders shall be justices 52 or judges or retired justices or judges. The chief judge of court of 53 appeals shall break any tie votes of the commission within three days. 54 The persons first appointed by each regional governor shall have respec- 55 tively one, two, three, and four-year terms as the applicable regional 56 governor shall designate. The chief judge of the court of appeals shallA. 5498 20 1 designate remaining terms of members of the commission in such a way 2 that no more than one quarter of persons appointed shall have their term 3 expire in any given year. Each member of the commission shall be 4 appointed thereafter for a term of four years. A vacancy shall be 5 filled by the appointing officer for the remainder of the term. 6 (xx) Judges of the court of appeals and Judges of the court of claims 7 may be removed by concurrent resolution of both houses of the state 8 legislature, if three-fifths of all the members elected to each house 9 concur therein. 10 (xxi) Justices of the Regional Superior Court, Justices of the supreme 11 court, judges of the regional court of claims, the county court, the 12 surrogate's court, the family court, the courts for the city of New York 13 established pursuant to this article, the district court and such other 14 courts as the legislature may determine, may be removed by the applica- 15 ble regional senate, on the recommendation of the applicable regional 16 governor, if three-fifths of all the members elected to the regional 17 senate concur therein. 18 (xxii) Temporary assignments of all the foregoing judges or justices 19 listed in this section, and of judges of the city courts, shall be made 20 by the appropriate regional chief administrator of the courts in accord- 21 ance with established regional standards and administrative policies, 22 but no judge or justice shall be assigned outside his/her region. 23 (xxiii) (1) The chief judge of the court of appeals shall be the chief 24 judge of the state of New York and shall be the chief judicial officer 25 of the state unified court system consisting of the Court of Appeals, 26 the Court of Claims and the State Commission on Judicial Conduct. There 27 shall be an administrative board of the courts which shall consist of 28 the chief judge of the court of appeals as chairperson and two associate 29 judges of the court of appeals selected by the court. The chief judge 30 shall, with the advice and consent of the administrative board of the 31 courts, appoint a chief administrator of the state courts who shall 32 serve at the pleasure of the chief judge. 33 (2) The chief administrator of the state courts shall keep an up to 34 date version of the New York State Constitution, New York State laws, 35 charters, rules and regulations on the court's website; and links to all 36 regional chief administrators of regional courts' websites and all 37 regional secretary of state websites. Each region's secretary of state 38 shall keep on a regional department of state website up to date versions 39 of the New York State Constitution, that region's laws, charters, rules 40 and regulations, local charters, laws, ordinances and rules and regu- 41 lations within that region. 42 (xxiv) The state legislature shall provide for the allocation of the 43 cost of operating and maintaining the court of appeals, the court of 44 claims, the judicial nominating commission, and the State Commission on 45 Judicial Conduct. Each region shall fund its own courts; the Regional 46 Superior Court, the appellate division of the supreme court in each 47 judicial department, the supreme courts, the county courts, the surro- 48 gate's courts, the family courts, the courts for the city of New York 49 and the district courts. 50 § 7. Full Faith and Credit shall be given in each Region to the public 51 acts, records, licenses, permits, and judicial Proceedings of the other 52 Regions. The State Legislature may by state laws prescribe the manner in 53 which such acts, records, and proceedings shall be proved, and the 54 effect thereof. Licenses and permits previously issued by the state 55 shall remain in effect until their expiration date, when they may be 56 renewed with the Region.A. 5498 21 1 § 8. This new article XX shall supersede any part of the New York 2 State Constitution it conflicts with. If any part of this amendment is 3 found to be unconstitutional by a court of competent jurisdiction the 4 remainder shall remain in effect. 5 § 2. Resolved (if the Senate concur), That article 9 of the constitu- 6 tion be amended by adding a new section 4 to read as follows: 7 § 4. Owners of parcels of land that are adjacent to each other or only 8 separated by a road, highway, railroad, body of water, and/or a waterc- 9 ourse within a single county may separate from any city (cities) and/or 10 town(s) whose jurisdiction the land is currently under, and incorporate 11 a new town. First, the owners must draw up a map and prepare a charter 12 of the proposed town and have one fifth (1/5) of the owners of land in 13 the proposed new town sign a petition agreeing to the map and charter. 14 The proposed town must have at least two thousand (2000) people residing 15 in it. The charter they draft shall describe how any special district(s) 16 will be affected and when the charter will take effect and when the 17 special election to fill offices created for the first time under the 18 charter will be held. Second the map, charter and petition must be filed 19 with the county board of elections where the proposed town will exist 20 before September 1st of any year. The county board of elections shall 21 then schedule a vote on the proposed town on the next election day in 22 November. Only voters who reside within the proposed town may vote on 23 creating it. If a majority of those voting approve it the new town will 24 be created and will cease to be part of the municipality or munici- 25 palities it separates from thirty days after the new town's officials 26 take office. The new town and the municipality or municipalities it 27 separates from should negotiate fair prices for water, sewer or other 28 services that must continue to be shared. If an agreement cannot be 29 reached either may petition the Appellate Division of Supreme court to 30 set the prices for up to four years at a time. Should anyone go to 31 court to block the creation of the new town and not prevail they shall 32 pay the reasonable legal fees and court costs of those trying to create 33 the new town. 34 § 3. Resolved (if the Senate concur), That article 8 of the constitu- 35 tion be amended by adding two new sections 2-b and 2-c to read as 36 follows: 37 § 2-b. In the New Amsterdam region and Montauk Region the fiscal year 38 of any county, city, town, village or other district excluding school 39 and library districts shall be from December 1st to November 30th of the 40 following year. Whenever a proposed budget increase shall exceed two 41 percent (2%) from the previous year's budget or a proposed property tax 42 rate increase shall exceed two percent (2%) from the previous year's 43 property tax rate; the proposed budget and/or property tax rate 44 increased shall be submitted to their voters for a yes or no vote, on 45 Election Day in November. Sixty (60) percent of voters voting on it must 46 vote yes for it to be approved. If approved the budget shall take effect 47 at the start of fiscal year and property taxes will be collected as 48 defined by law; however if defeated or no budget/property tax rate vote 49 was held, the budget that county, city, town, village or other district 50 excluding school districts must have a budget increase of less than two 51 percent (2%) and the property tax rate increase must be less than two 52 percent (2%). Regional laws may be enacted to enforce this section. 53 § 2-c. In the New Amsterdam region and Montauk Region the fiscal year 54 of all school and library districts shall be from July 1st to June 30th 55 of the following year. The school budget shall be submitted to the 56 voters, for a yes or no vote, on a day in May or June that is selectedA. 5498 22 1 by law and any primaries held during May or June will occur on the same 2 day at same election district polling places with the same poll hours 3 statewide. If a proposed budget increase shall exceed two percent (2%) 4 from the previous year's budget or a proposed property tax rate increase 5 shall exceed two percent (2%) from the previous year's property tax 6 rate, sixty (60) percent of voters voting must vote yes for it to be 7 approved. If the budget is approved it will take effect as defined by 8 law. If a school district budget is defeated a contingency budget will 9 be adopted; the amount of any contingency budget increase shall be less 10 than two percent (2%), per enrolled student as of July 1st. If a 11 library district budget is defeated the district must have a budget 12 increase of less than two percent (2%) and the property tax rate 13 increase must be less than two percent (2%). Regional laws may be 14 enacted to enforce this section. 15 § 4. Resolved (if the Senate concur), That section 2 of article 19 of 16 the constitution be amended to read as follows: 17 § 2. At the general election to be held in the year nineteen hundred 18 fifty-seven, and every twentieth year thereafter, and also at such times 19 as the legislature may by law provide, the question "Shall there be a 20 convention to revise the constitution and amend the same?" shall be 21 submitted to and decided by the electors of the state; and in case a 22 majority of the electors voting thereon shall decide in favor of a 23 convention for such purpose, the electors of every [ senate district of24 the state, as then organized, shall elect three delegates] regional 25 senate district of the state, as then organized, shall elect three 26 delegates and their votes shall be weighed by the population of the 27 delegate's Regional Senate District at the next ensuing general 28 election[ , and the electors of the state voting at the same election29 shall elect fifteen delegates-at-large]. The delegates so elected shall 30 convene at the capitol on the first Tuesday of April next ensuing after 31 their election, and shall continue their session until the business of 32 such convention shall have been completed. Every delegate shall receive 33 for his or her services the same compensation as shall then be annually 34 payable to the members of the assembly and be reimbursed for actual 35 traveling expenses, while the convention is in session, to the extent 36 that a member of the assembly would then be entitled thereto in the case 37 of a session of the legislature. A majority of the convention shall 38 constitute a quorum for the transaction of business, and no amendment to 39 the constitution shall be submitted for approval to the electors as 40 hereinafter provided, unless by the assent of a majority of all the 41 delegates elected to the convention, the ayes and noes being entered on 42 the journal to be kept. The convention shall have the power to appoint 43 such officers, employees and assistants as it may deem necessary, and 44 fix their compensation and to provide for the printing of its documents, 45 journal, proceedings and other expenses of said convention. The conven- 46 tion shall determine the rules of its own proceedings, choose its own 47 officers, and be the judge of the election, returns and qualifications 48 of its members. In case of a vacancy, by death, resignation or other 49 cause, of any district delegate elected to the convention, such vacancy 50 shall be filled by a vote of the remaining delegates representing the 51 district in which such vacancy occurs. If such vacancy occurs in the 52 office of a delegate-at-large, such vacancy shall be filled by a vote of 53 the remaining delegates-at-large. Any proposed constitution or constitu- 54 tional amendment which shall have been adopted by such convention, shall 55 be submitted to a vote of the electors of the state at the time and in 56 the manner provided by such convention, at an election which shall beA. 5498 23 1 held not less than six weeks after the adjournment of such convention. 2 Upon the approval of such constitution or constitutional amendments, in 3 the manner provided in the last preceding section, such constitution or 4 constitutional amendment, shall go into effect on the first day of Janu- 5 ary next after such approval. 6 § 5. Resolved (if the Senate concur), That article 11 of the constitu- 7 tion be REPEALED and a new article 11 be added to read as follows: 8 ARTICLE XI 9 EDUCATION 10 Each Regional legislature shall provide for the maintenance and 11 support of a system of free common schools, wherein all the children of 12 this state may be educated and shall provide for a Regional education 13 department. The legislature may provide for the transportation of chil- 14 dren to and from any school or institution of learning. 15 § 6. Resolved (if the Senate concur), That article 19 of the constitu- 16 tion be amended by adding a new section 4 to read as follows: 17 § 4. No future amendment or new state constitution can be approved 18 unless at least 55 percent of the voters voting on it in the New Amster- 19 dam Region, 55 percent of the voters voting on it in the Montauk Region 20 and at least 55 percent of the voters voting on it in the New York 21 Region all approve the changes. 22 § 7. Resolved (if the Senate concur), That section 1 of article 5 of 23 the constitution be REPEALED and a new section 1 be added to read as 24 follows: 25 Section 1. (a) In elections held after the regional governors take 26 office for the first time the state comptroller shall be elected for a 27 term of office of five years, and shall possess the qualifications 28 provided in section 2 of article IV. The legislature shall provide for 29 filling vacancies in the office of comptroller. The comptroller shall be 30 required: (i) to audit all vouchers before payment and all official 31 accounts; (ii) to audit the accrual and collection of all revenues and 32 receipts; and (iii) to prescribe such methods of accounting as are 33 necessary for the performance of the foregoing duties. The payment of 34 any moneys of the state, or of any moneys under its control, or the 35 refund of any moneys paid to the state, except upon audit by the comp- 36 troller, shall be void, and may be restrained upon the suit of any 37 taxpayer with the consent of the supreme court in the appellate division 38 on notice to the appropriate regional attorney-general. 39 (b) In such respect the appropriate regional legislature only shall 40 define the powers and duties and may also assign to him or her: (i) 41 supervision of the accounts of any political subdivision of their 42 region; and (ii) powers and duties pertaining to or connected with the 43 assessment and taxation of real estate, including determination of 44 ratios which the assessed valuation of taxable real property bears to 45 the full valuation thereof, but not including any of those powers and 46 duties reserved to officers of a county, city, town or village by virtue 47 of sections seven and eight of article nine of this constitution. The 48 appropriate regional legislature shall assign to him or her no adminis- 49 trative duties, excepting such as may be incidental to the performance 50 of these functions, any other provision of this constitution to the 51 contrary notwithstanding. The office of comptroller shall also calculate 52 annually the median annual income of individuals in the state. 53 § 8. Resolved (if the Senate concur), That section 6 of article 3 of 54 the constitution be REPEALED.A. 5498 24 1 § 9. Resolved (if the Senate concur), That the foregoing amendment be 2 referred to the first regular legislative session convening after the 3 next succeeding general election of members of the assembly, and, in 4 conformity with section 1 of article 19 of the constitution, be 5 published for 3 months previous to the time of such election.