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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5498
SPONSOR: DiPietro
 
TITLE OF BILL: 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; propos-
ing 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
 
PURPOSE OR GENERAL IDEA OF BILL:
Concurrent resolution of the State 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 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 19 of the constitution, in
relation to limiting voting on a new constitution; proposing an amend-
ment to article 3 of the constitution, in relation to the state legisla-
ture; proposing an amendment to article 5 of the constitution, relating
to officers and civil departments; repealing article 11 of the constitu-
tion 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 depart-
ments
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Concurrent resolution of the State and Assembly proposing the
addition of a new article 20 to the constitution, in relation to divid-
ing New York State into three autonomous regions;
Section 2: Amends article 9 of the constitution be amended by adding
section 4.
Section 3: Amends article 8 of the constitution by adding two new
sections 2-b and 2-c. Section 4: Amendment to section 2 of article 19 of
the constitution in relation to the constitutional convention.
Section 5: Repeals and replaces article 11 of the constitution.
Section 6: Amends article 19 of the constitution by adding a new section
4.
Section 7: Repeals and replaces section 1 of article 5 of the constitu-
tion.
Section 8: Repeals section 6 of article 3 of the constitution.
Section 9: Contains effective date.
 
JUSTIFICATION:
With New York State being such a large and diverse state, one size does
not fit all when it comes to governance. Population disparity in
regards to New York City leaves little understanding to the rest of New
York State. Separating New York State into three autonomous regions
would help to elevate the burdens of unfunded mandates, excessive
bureaucratic regulations, and allow for localities to self-rule.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect after the next succeeding general election
and be published for three months prior to time of such election
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.
LBD89094-02-9
A. 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 than
A. 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, Uniform
A. 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 a
A. 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 by
A. 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 for
A. 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 not
A. 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 different
A. 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. Salaries
A. 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 of
A. 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 applicable
A. 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 appoint
A. 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 ruling
A. 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 shall
A. 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 selected
A. 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 of
24 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 election
29 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 be
A. 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.