Bill Text: NY A07385 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced) 2024-01-26 - opinion referred to judiciary [A07385 Detail]
Download: New_York-2023-A07385-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7385 2023-2024 Regular Sessions IN ASSEMBLY May 19, 2023 ___________ 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 9 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 5 of the constitution, in relation to officers and civil departments; repealing article 11 of the constitution relat- ing 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 and Queens. 10 (b) The New Amsterdam Region shall consist of the counties of Albany, 11 Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, 12 Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, 13 Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Living- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89054-03-3A. 7385 2 1 ston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, 2 Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenec- 3 tady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, 4 Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, and Yates. 5 (c) The Montauk Region shall consist of the counties of Nassau, 6 Suffolk, Richmond, Rockland, and Westchester. 7 (d) Any new counties not listed shall be assigned by state law to the 8 correct Region. 9 (e) The New Amsterdam Regional capital shall be within Albany County 10 unless the New Amsterdam Region by Regional law picks a different 11 location. The New York Regional capital shall be within Richmond County 12 unless the New York Region by Regional law picks a different location. 13 The Montauk Regional capital shall be within Westchester County unless 14 the Montauk Region by Regional law picks a different location. 15 § 2. (a) The legislative power of each Region shall be vested in two 16 houses; a Regional Senate and a Regional Assembly, whose members shall 17 be elected by the United States citizens who are 18 years of age or 18 older and reside in their respective districts. Regional Assemblyper- 19 sons and Regional Senators must be a United States citizen and be a 20 resident of the respective district or reside within seven miles of 21 their respective district. 22 (b) Regional Senators will also serve in the New York State Senate; 23 Regional Assemblypersons also will serve in the New York State Assembly. 24 (c) New Amsterdam Regional Senate shall have 24 Senators, the Montauk 25 Region shall have 12 Senators, and the New York Regional Senate shall 26 have 34 Senators. 27 (d) (i) The number of New Amsterdam Regional Assembly members shall be 28 calculated by dividing the population of the New Amsterdam Region by 29 125,000 and rounded upward to the nearest odd whole number. 30 (ii) The number of New York Regional Assembly members shall be calcu- 31 lated by dividing the population of the New York Region by 125,000 and 32 rounded upward to the nearest odd whole number. 33 (iii) The number of Montauk Regional Assembly members shall be calcu- 34 lated by dividing the population of Montauk Region by 125,000 and round- 35 ed upward to the nearest odd whole number. 36 (e) Each federal census taken decennially shall be controlling as to 37 the number of inhabitants in the state or any part thereof for the 38 purposes of the apportionment of members of the assembly and readjust- 39 ment or alteration of Regional senate and assembly districts next occur- 40 ring in so far as such census and the tabulation thereof purport to give 41 the information necessary therefor. The first year after this Article 42 takes effect the Court of Appeals shall draw the Regional Senate and 43 Assembly districts; thereafter each Regional Legislature shall by 44 Regional law draw contiguous Senate and Assembly districts of roughly 45 equal population for that Region; however one Assembly district and one 46 Senate district may include parts of Westchester and Nassau counties if 47 needed to keep districts roughly equal in population. Regional Assembly- 48 persons and Regional Senators terms will be two years. The term shall 49 start at noon on December 1st following their election and end two years 50 later at noon on December 1st. No town shall have more than one assem- 51 blyperson unless its population exceeds the population required for a 52 Regional assembly district. 53 (f) Each Regional Legislature shall hold its regular session in months 54 of January, February, and March of each year adjourning no later than 55 March 20th. Each Regional senator shall have one vote in their RegionalA. 7385 3 1 senate. Each Regional assemblyperson shall have one vote in their 2 Regional assembly. 3 (g) The fiscal year of each Region will be from March 1 to last day of 4 February of the following year. If at noon on the date a new fiscal 5 year starts all the appropriate region's budget appropriation bills and 6 revenue bills have not been enacted into law, then that region's previ- 7 ous fiscal year's budget shall become that region's default budget. Once 8 a regional default budget takes effect, no part of the appropriate 9 proposed regional executive budget shall be enacted into law. The appro- 10 priations shall remain the same as the previous fiscal year's appropri- 11 ation laws. The appropriations given to each county, city, town, village 12 or school district shall also remain the same as that region's previous 13 fiscal year. No moneys may be transferred between appropriation laws or 14 other changes to default budget may be enacted, unless approved by new 15 supplemental regional appropriation bill(s) which are enacted into law. 16 Any appropriations that were designed to be non-recurring appropriations 17 shall be dropped from the default regional budget. Supplemental regional 18 appropriation bill(s) voted on between April 1st and December 31st of 19 any calendar year shall require at least three-fifths (3/5) vote of both 20 of the appropriate regional legislature's houses with the ayes and nays 21 entered on the journal, to be enacted. The default regional budget shall 22 be treated as a regular regional budget and expire at the end of the 23 fiscal year. Supplemental regional appropriation bill(s) are any appro- 24 priation bill created by the appropriate regional legislature. 25 (h) The following consolidated chapters of New York State law shall 26 become the Regional laws of each Region: Abandoned Property, Agriculture 27 and Markets, Alcoholic Beverage Control, Alternative County Government, 28 Arts and Cultural Affairs, Banking, Benevolent Orders, Boxing Sparring 29 and Wrestling, Business Corporation, Canal, Civil Practice Law and 30 Rules, Civil Rights, Civil Service (Regional and Local), Cooperative 31 Corporations, Correction, County, Criminal Procedure, Debtor and Credi- 32 tor, Domestic Relations, Economic Development Law, Education, Elder, 33 Election (Regional and Local), Eminent Domain Procedure, Employer's 34 Liability, Energy, Environmental Conservation, Estates Powers and 35 Trusts, Executive, Financial Services Law, General Associations, General 36 Business, General City, General Construction, General Municipal, General 37 Obligations, Highway, Insurance, Judiciary (Superior, Appellate, 38 Supreme, County and Local) Labor, Legislative (Regional and Local), 39 Lien, Limited Liability Company Law, Local Finance, Mental Hygiene, 40 Military, Multiple Dwelling, Multiple Residence, Municipal Home Rule, 41 Navigation, New York State Printing and Public Documents, Not-For-Profit 42 Corporation, Parks, Recreation and Historic Preservation, Partnership, 43 Penal, Personal Property, Private Housing Finance, Public Authorities, 44 Public Buildings, Public Health, Public Housing, Public Lands, Public 45 Officers, Public Service, Racing, Pari-Mutuel Wagering and Breeding Law, 46 Railroad, Rapid Transit, Real Property, Real Property Actions and 47 Proceedings, Real Property Tax, Religious Corporations, Rural Electric 48 Cooperative, Second Class Cities, Social Services, Soil and Water 49 Conservation Districts, State, State Administrative Procedure Act, State 50 Finance, State Technology, Statute of Local Governments, Tax (except it 51 may not enact or collect any Regional sales taxes), Town, Transporta- 52 tion, Transportation Corporations, Uniform Commercial Code, Vehicle and 53 Traffic, Village, Volunteer Ambulance Workers' Benefit, Volunteer Fire- 54 fighters' Benefit, Workers' Compensation, Family Court, Surrogate's 55 Court Procedure, Uniform City Court, Uniform District Court, Uniform 56 Justice Court, and any other types of laws not listed in State Legisla-A. 7385 4 1 ture's list in section 3 of this article. Regional laws for these types 2 of laws shall be supreme over state and local laws. Any state law 3 changed by this section to a Regional law shall have any mention of the 4 Court of Appeals changed to that Region's Superior Court. No person can 5 be imprisoned for any number of civil offenses for more than six months 6 in any calendar year. New York City Civil Court, New York City Criminal 7 Court law will become New York Regional law. Each Regional Legislature 8 may amend, repeal, or create new laws, but any changes will only apply 9 to that Region. No offense greater than a misdemeanor with a maximum 10 penalty less than or equal to one year in jail may be enacted by local 11 governments. Felonies with a maximum penalty greater than one year in 12 jail can only be enacted under Regional law. Misdemeanors may also be 13 enacted under Regional law. Asset forfeiture shall be allowed only if 14 the person(s) who own the asset is/are convicted of a felony and asset 15 was used in the crime and/or was obtained as result of the crime. The 16 election law requirements for getting on the ballot, for Regional Assem- 17 blyperson shall be the same or less strict than they were for a state 18 Assemblyman; for Regional Senator shall be the same or less strict than 19 they were for state Senator. Any other laws that are not listed in this 20 paragraph or in section 3 of this article shall expire on July 1st, five 21 years after the regional governors take office for the first time unless 22 reenacted as a Regional Law. All local laws, rules, ordinances and 23 regulations must be filed with the appropriate regional secretary of 24 state before they can take effect or be enforced. In the New Amsterdam 25 region; except for local land use zoning laws all such local laws, 26 rules, ordinances and/or regulations shall expire ten years after they 27 are filed. Those that were pre-existing to this article will expire on 28 January 1, three years after the regional governors take office for the 29 first time, unless reenacted and refiled. 30 (i) All Regional Senators and Regional Assemblypersons shall receive 31 the same salary set by their Regional law. They shall not receive any 32 additional compensation from the Region other than reimbursement for 33 traveling and lodging expenses if they live more than 20 miles from the 34 Regional capital. However, the Regional Speakers and the Regional senate 35 temporary senate presidents shall receive the same salary as their 36 Regional lieutenant governor. After the salary is set, no law varying 37 the compensation of Regional Senators or Regional Assemblypersons shall 38 take effect until an election of Regional Assemblypersons shall have 39 intervened. Each Regional Assemblyperson shall be provided a district 40 office of approximately the same square footage in his or her district 41 and an office at the Regional capital. The same amount shall be given to 42 each Assemblyperson to pay for staff. Such amount shall be set by 43 Regional law. Each Regional Senator shall be provided two district 44 offices totaling approximately the same square footage, in his or her 45 district and an office at the Regional capital. The same amount shall be 46 given to each Regional Senator to pay for staff. Such amount shall be 47 set by Regional law. 48 (j) The Regional Legislature may impeach for crimes and remove from 49 office a Regional governor, Regional lieutenant governor, Regional 50 Secretary of State, local elected officials or appointed Regional offi- 51 cers in its Region by a two-thirds (2/3) vote of each Regional house. 52 The state or Regional governor or any other official may not remove from 53 office any elective sheriff, county clerk, district attorney or other 54 elective local official; they may only be removed mid-term by impeach- 55 ment or conviction of a felony. A regional governor may supersede a 56 district attorney in his/her region for specific case(s) by appointing aA. 7385 5 1 special prosecutor in a manner defined by regional law. The region may 2 by regional law reassign types of cases where there might exist a 3 conflict of interest with their regional attorney general. 4 (k) A majority of each Regional house shall constitute a quorum to do 5 business. Each Regional house shall determine the rules of its own 6 proceedings and is the judge of the elections, returns and qualifica- 7 tions of its own members; shall choose its own officers; and each 8 Regional senate shall choose a temporary president and each Regional 9 assembly shall choose a speaker. No person shall serve as both a State 10 and Regional temporary senate president, nor anyone serve as both a 11 state and Regional speaker. Each Regional house of each Regional legis- 12 lature shall keep a journal of its proceedings, and publish the same on 13 the internet, except such parts as two-thirds (2/3) of its members agree 14 require secrecy. At request of one fifth (1/5) of its members, the ayes 15 and nays shall be entered on the journal. The doors of each Regional 16 house shall be kept open, except when the public welfare shall require 17 secrecy. Neither house in a Regional legislature shall, without the 18 consent of the other, adjourn for more than two days. Any bill may orig- 19 inate in either house of the Regional legislature, and all bills passed 20 by one house may be amended by the other. No bill shall be passed or 21 become a law unless it shall have been printed and placed on the inter- 22 net, in its final form, at least seven calendar days prior to its final 23 passage, unless the appropriate regional governor, or the appropriate 24 acting regional governor, shall have certified, under his or her hand 25 and the seal of the state or Region, the facts which in his or her opin- 26 ion necessitate an immediate vote thereon, in which case the law must 27 expire ten calendar days after passage, unless it is re-passed a second 28 time after it has been on the internet for seven days; nor shall any 29 bill be passed or become a law, except by the assent of a majority of 30 the members elected to each branch of a Regional legislature; and upon 31 the last reading of a bill, no amendment thereof shall be allowed, and 32 the question upon its final passage shall be taken immediately thereaft- 33 er, and the ayes and nays entered on the journal. Pre-existing tax or 34 revenue laws shall expire on July 1st five years after this article 35 takes effect. Every law or bill which imposes, continues or revives a 36 tax or raises revenue shall require at least three fifths (3/5) vote of 37 both Regional houses to pass, the ayes and nays entered on the journals, 38 and must distinctly state the tax and the object to which it is to be 39 applied. It shall not be sufficient to refer to any other law to fix 40 such tax or object; all such laws must expire on July 1st five years 41 after being passed. Any law or bill that will mandate that any county, 42 district, or other municipality must spend its own funds to comply with 43 such law shall require at least three fifths (3/5) vote of both Regional 44 houses to pass, the ayes and nays entered on the journals, all such laws 45 must expire on July 1st ten years after being passed. Any policy, rule 46 or regulation that will mandate that any county, district, or other 47 municipality must spend its own funds to comply with it must be ratified 48 by at least three fifths (3/5) vote of both Regional houses, the ayes 49 and nays entered on the journal, before it takes effect and must expire 50 on July 1st ten years after being ratified. Pre-existing mandates that 51 require a county or other municipality to spend its own funds to comply 52 with shall expire on July 1st one year and 7 months after the regional 53 governors take office for the first time. Medical costs for the needy 54 shall not be delegated by the State or by a Region to counties or other 55 municipalities, and shall be paid by the Region up to limits set by 56 Regional law. A Region may by Regional law contract debts in antic-A. 7385 6 1 ipation of the receipt of taxes and revenues, direct or indirect, for 2 the purposes and within the amounts of appropriations theretofore made. 3 Notes or other obligations for the moneys so borrowed shall be issued as 4 may be provided by law, and shall with the interest thereon be paid from 5 such taxes and revenues within one year from the date of issue. Except 6 for anticipation debt listed above no Regional debt shall be hereafter 7 contracted by or on behalf of the Region, unless such debt shall be 8 authorized by law, for some single work or purpose, to be distinctly 9 specified therein. No such debt law shall take effect until it shall, at 10 a November general election, have been submitted to the people of that 11 Region, and have received a majority of all the votes cast for and 12 against it at such election. Any such Regional debt voted on must be 13 paid off within twenty years. The Regional legislature shall provide 14 for the maintenance and support of a system of free common schools, 15 wherein all the children of its Region may be educated. 16 § 3. (a) The office of State Senator is abolished; Regional Senators 17 shall replace state senators. When meeting as the State Senate each 18 Regional Senator's vote shall be weighed by the population of his/her 19 Regional Senate District. 20 (b) The office of State Assemblyman is abolished; Regional Assembly- 21 persons shall replace state Assemblymen. When meeting as the State 22 Assembly each Regional Assemblyperson's vote shall be weighed by the 23 population of his/her Regional Assembly District. 24 (c) The State Legislature shall hold its regular session in the months 25 of April and May of each year and adjourn its regular session no later 26 than May 31st. Members of the State Legislature shall not receive more 27 than fifty dollars a day in compensation from the state for each day 28 they attend during the regular session and no compensation from the 29 state during Extraordinary sessions. The State Legislative member may 30 receive reimbursement when receipts are provided for traveling and lodg- 31 ing expenses if they live more than 30 miles from a state meeting's 32 location. No additional compensation shall be provided by the state for 33 service in the State Legislature. 34 (d) The fiscal year of state will be from May 1 to April 30 of the 35 following year. 36 (e) State Legislature's power to enact laws shall be limited only to 37 the following types of laws: Election (for state wide offices/issues and 38 United States offices only), Executive (for the state only), Indian, 39 Judiciary (Court of Appeals, Court of Claims, Judicial Conduct only), 40 Legislative (for the state only), Military (National Guard and Naval 41 only), Retirement and Social Security, State Administrative Procedure 42 Act (for the state only), State Finance (for the state only), Tax, but 43 limited to sales taxes only, Court of Claims, Civil Service (state 44 employees only), relations with the federal government, relations with 45 other states or Canada for connecting roads, bridges and other reasons, 46 and connecting roads and bridges between Regions. No criminal penalties 47 greater than a misdemeanor with a maximum one year in jail may be 48 enacted by the state or local governments. Felonies can only be enacted 49 under Regional law; National Guard felonies will be prosecuted under 50 Regional military law. Any other types of laws not listed in this 51 section shall become Regional laws for each Region and be deleted from 52 State code on July 1st following the date the Regional governors take 53 office for the first time. 54 (f) Taxes and revenue for the state shall be limited only to a sales 55 tax which may not exceed a maximum of four (4) percent. After January 1, 56 ten years after the regional governors take office for the first time itA. 7385 7 1 may not exceed a maximum of three (3) percent. The sales tax for the 2 state and local governments shall be defined as a tax on sales, on the 3 receipts from sales and/or receipts from hotel/motel room rentals, leas- 4 es or rentals of moveable goods, and/or any taxable services; including 5 a use tax on items over one thousand dollars in value that are used 6 within the state by a permanent resident but which were bought else- 7 where, and which are thus not originally subject to the sales tax. The 8 sales taxes shall never be applied to medicines, food unless served in a 9 restaurant, fuel, real property, sale of buildings, and/or nonalcoholic 10 beverages. The state shall give 25 percent of its sales tax revenue to 11 the regions divided in proportion to each region's population, until 12 January 1, ten years after the regional governors take office for the 13 first time, which shall be paid on the 15th of every month for previous 14 month's revenue. The maximum combined state and local sales taxes may 15 not exceed 8 percent. After January 1, ten years after the regional 16 governors take office for the first time, the maximum combined sales tax 17 may not exceed 7 percent. 18 (g) The state may no longer contract any debt other than in antic- 19 ipation of the receipt of taxes and revenues which must be paid back 20 within one year. 21 § 4. Regional Executive. (a) The executive power in each Region shall 22 be vested in the Regional governor, who shall hold office for four years 23 starting at noon on December 1st after his/her election. The Regional 24 lieutenant governor shall be chosen at the same time, and for the same 25 term. The Regional governors, Regional lieutenant governors, and 26 Regional secretary of states shall be elected by the people of their 27 respective Regions. They must be a United States citizen and have been a 28 resident of their respective Region for at least five years or a resi- 29 dent of their respective Region at time of its creation. Each Regional 30 governor shall have power to convene his/her Region's legislature, or 31 his/her Region's senate only, on extraordinary occasions; for a special 32 session which may last no longer than two weeks. No such special session 33 may be called within six weeks of the end of another special session. In 34 case of the removal of the Regional governor from office or of his or 35 her death or resignation, the Regional lieutenant-governor for that 36 Region shall become Regional governor for the remainder of the term. In 37 case the Regional governor is otherwise unable to discharge the powers 38 and duties of his/her office the Regional lieutenant-governor for that 39 Region shall act as Regional governor until the inability shall cease or 40 until the term of the Regional governor shall expire. If both the 41 Regional governor and Regional lieutenant governor offices for a Region 42 are vacant or otherwise unable to discharge the powers and duties of 43 their offices, that Region's Regional Secretary of State shall become 44 governor, automatically resigning as a Regional Secretary of State upon 45 taking the oath as Regional governor. If all three offices are vacant 46 that Region's temporary senate president will become governor automat- 47 ically resigning as a senator and temporary senate president upon taking 48 the oath as Regional governor. Each Region shall by Regional law deter- 49 mine how and who shall become acting Regional governor if the Regional 50 governor, Regional lieutenant governor, Regional Secretary of State and 51 temporary senate president offices all are vacant or all are otherwise 52 unable to discharge the powers and duties of their offices. The Regional 53 lieutenant-governor shall be the president of the Regional senate for 54 his/her Region but shall have only a vote if they be equally divided. 55 The election law petition requirements for getting on the ballot for 56 Regional governor, Regional lieutenant governor or Regional Secretary ofA. 7385 8 1 State shall be the same or less strict than are for State Comptroller. 2 Any party conventions shall be held by Region for these Regional 3 offices. The salaries of Regional governor, Regional lieutenant governor 4 and Regional Secretary of State shall be by Regional law. After the 5 salary is set no law varying their compensation shall take effect until 6 an election of Regional governor shall have intervened. 7 (b) Every bill which shall have passed the Regional senate and assem- 8 bly shall, before it becomes a law, be presented to the Regional gover- 9 nor for that Region. If the appropriate regional governor approve, he 10 or she shall sign it; but if not, he or she shall return it with his or 11 her objections to the Regional house in which it shall have originated, 12 which shall enter the objections at large on the journal, and proceed to 13 reconsider it. In either case he/she shall place a copy of his/her 14 actions on the internet. If after such reconsideration, two-thirds of 15 the members voting in that Regional house shall agree to pass the bill, 16 it shall be sent together with the objections, to the other Regional 17 house, by which it shall likewise be reconsidered; and if approved by 18 two-thirds of the members voting in that house, it shall become a 19 regional law notwithstanding the objections of the appropriate regional 20 governor. In all such cases the votes in both Regional houses shall be 21 determined by yeas and nays, and the names of the members voting shall 22 be entered on the journal of each Regional house respectively. If any 23 bill shall not be returned by the appropriate regional governor within 24 ten days (Sundays excepted) after it shall have been presented to him or 25 her, the same shall be a law in like manner as if he or she had signed 26 it, unless the legislature shall, by their adjournment, prevent its 27 return, in which case it shall not become a law without the approval of 28 the appropriate regional governor. No bill shall become a law after the 29 final adjournment of the Regional legislature, unless approved by the 30 governor within thirty days after such adjournment. If any bill 31 presented to the appropriate regional governor contains several items of 32 appropriation of money, the appropriate regional governor may object to 33 one or more of such items while approving of the other portion of the 34 bill. If a single item of appropriation shall exceed $250,000 the appro- 35 priate regional governor may reduce the amount appropriated with his/her 36 objections. In such cases the appropriate regional governor shall append 37 to the bill, at the time of signing it, a statement of the items to 38 which he or she objects; and the appropriation so objected to shall not 39 take effect. If the Regional legislature be in session, he or she shall 40 transmit to the Regional house in which the bill originated a copy of 41 such statement, and the items objected to shall be separately reconsid- 42 ered. If on reconsideration one or more of such items be approved by 43 two-thirds of the members voting in each appropriate Regional house, the 44 same shall be part of the law, notwithstanding the objections of the 45 appropriate Regional governor. All the provisions of this paragraph, in 46 relation to bills not approved by the appropriate Regional governor, 47 shall apply in cases in which he or she shall withhold approval from any 48 item or items contained in a bill appropriating money. 49 (c) Each Regional governor shall nominate, and by and with the Advice 50 and Consent of the Regional Senate for his/her Region, shall appoint 51 Regional Commissioners, other public Ministers and Consuls, Authorities, 52 and other government controlled Public Corporations board members, 53 Regional Education Commissioner, Justices of the Appellate divisions in 54 his or her Region from elected Supreme Court Justices in their Region 55 for the remainder of their elected term, and all other Regional Offi- 56 cers, whose Appointments are not herein otherwise provided for, andA. 7385 9 1 which shall be established by law. Those appointed by Regional governor 2 without a fixed term may be removed by the appropriate regional gover- 3 nor; but the Regional legislature may by Regional law vest the Appoint- 4 ment of such inferior Officers, as they think proper, in their Regional 5 governor alone, in the Courts of Law, or in the Heads of Departments. 6 The appropriate regional governor shall be empowered to seek a warrant 7 in a Regional supreme court to hand over a criminal fugitive from anoth- 8 er state or Region to the agents of the Governor of the State of New 9 York to allow for the fugitive's return to the location the fugitive 10 committed the alleged crime. This power can be regulated by Regional 11 law. Each regional governor shall be empowered to pardon for civil and 12 criminal offenses of state, regional law or local law that occurred 13 within his/her region. 14 (d) Annually, on or before the first Monday of January each Regional 15 governor shall place on the internet and submit to his/her Regional 16 legislature a budget containing a complete plan of expenditures proposed 17 to be made before the close of the ensuing fiscal year and all moneys 18 and revenues estimated to be available therefor, together with an expla- 19 nation of the basis of such estimates and recommendations as to proposed 20 Regional legislation, if any, which the appropriate regional governor 21 may deem necessary to provide moneys and revenues sufficient to meet 22 such proposed expenditures. It shall also contain such other recommenda- 23 tions and information as the appropriate regional governor may deem 24 proper and such additional information as may be required by law. At the 25 time of submitting the budget to his/her Regional legislature the appro- 26 priate regional governor shall submit a bill or bills containing all the 27 proposed appropriations and re-appropriations included in the budget and 28 the proposed Regional legislation, if any, recommended therein. No money 29 shall ever be paid out of a Regional treasury or any of its funds, or 30 any of the funds under its management, except in pursuance of an appro- 31 priation by law; nor unless such payment be made within two years next 32 after the passage of such appropriation act; and every such law making a 33 new appropriation or continuing or reviving an appropriation, shall 34 distinctly specify the sum appropriated, and the object or purpose to 35 which it is to be applied; and it shall not be sufficient for such law 36 to refer to any other law to fix such sum. 37 (e) The Regional Secretary of State for each region shall be elected 38 at the same general election as the regional governor and hold office 39 for the same term. The Regional Secretary of State shall run his/her 40 region's Department of State and shall appoint with the Advice and 41 Consent of appropriate regional Senate for his/her region the regional 42 Commissioner of Motor Vehicles and the regional Attorney-General, and 43 may remove them. Should the office of Regional Secretary of State be 44 vacant or he/she become regional governor or acting regional governor, 45 the appropriate regional Senate will elect a Regional Secretary of State 46 to serve the remainder of the term. 47 (f) The Regional Board of Elections for each region shall regulate all 48 elections with the local boards of elections in its region. The State 49 Board of Elections shall coordinate and fund elections for state wide 50 offices/issues and United States offices with regional Boards of 51 Elections. Ballots for state wide offices/issues and United States 52 offices shall be a separate ballot sheet from regional offices/issues 53 and Local Offices/issues. In the New Amsterdam and Montauk regions each 54 County shall continue to fund a county Board of Elections. Starting on 55 July 1st, after the regional governors take office for the first time, 56 the New Amsterdam and Montauk Regional Board of Elections and the CountyA. 7385 10 1 Boards of Elections shall conduct all regional, local, school district, 2 village, fire district and other local district elections in a manner 3 set by New Amsterdam or Montauk regional law. 4 § 5. After the regional governors take office for the first time, the 5 governors' panel shall consist of the State Governor and the Regional 6 Governors. The governors' panel shall meet weekly to divide departments, 7 transfer employees, property, assets as defined in this article by 8 majority vote, and debts as defined in this article. After August 1st of 9 the year the regional governors take office for the first time, the 10 governors' panel shall continue to meet at least once a calendar year. 11 The Court of Appeals shall have original jurisdiction if a Regional 12 governor appeals a decision of this governors' panel or to break a tie 13 vote of this governors' panel. When a department, office or agency is 14 divided, its employees will become employees of the Region they primari- 15 ly work in, or whose issues they primarily work on. If a department, 16 office or agency only works on the issues of a single Region its employ- 17 ees shall all become employees of that Region. Equipment, media and 18 vehicles shall be divided equitably. Each member of a state board, or 19 Commission which is divided shall remain on the boards, Regional author- 20 ity boards, or Regional Commissions for the remainder of his/her term 21 only for the Region where he/she is registered to vote (if they are not 22 registered to vote in New York State their seat shall be vacant in all 23 Regions). Any vacant seats will be filled according to Regional law. Any 24 Department/ operations and agency/office whose employees' pay and bene- 25 fits are fully funded by the federal government may be left under state 26 by this governors' panel and continue to perform their duties while 27 under the state governor's chain of command. The governors' panel shall 28 continue to review whether any changes in federal funding have occurred 29 that would require it to be divided at a later date. Unless otherwise 30 stated in this article such divisions shall be completed by April 1st 31 after the Regional governors take office for the first time. 32 (a) The Office of State Attorney-General is abolished and all its 33 powers and duties given to the Regional Attorney-Generals. Department of 34 Law and Office of State Attorney-General employees and duties shall be 35 divided between the Regional Attorney-Generals' Departments of Law. For 36 the purposes of this constitution, the term "attorney-general" shall 37 mean "appropriate regional attorney-general" wherever it appears. 38 (b) The State Comptroller shall have the power to audit each Region 39 and charge the Regions the reasonable costs related to performing the 40 audits. The State Comptroller's other powers and duties of his or her 41 office shall not be affected by the provisions of this article. 42 (c) The Board of Regents is abolished and all its powers and duties 43 transferred to the Regional Education Departments. Department of educa- 44 tion employees shall be divided between the Regional Education Depart- 45 ments. 46 (d) The Office of General Services, Department of Civil Service, and 47 State Board of Elections employees shall be divided into four sections, 48 some remaining under the state and the rest being transferred to each 49 Region. Department of Tax and Finance employees shall also be divided 50 into four sections; provided that those employees whose duties involve 51 sales taxes shall remain under the Governor and the rest shall be 52 divided between the Regional Departments of Tax and Finance. 53 (e) The Division of State Police is abolished and its employees shall 54 be divided between the Capital Police under the State (which shall not 55 have more 50 officers), the New Amsterdam Regional Police Division, 56 Montauk Regional Police Division, and New York Regional Police Division.A. 7385 11 1 (f) The following departments, corporations or authorities shall 2 remain part of New York State government: Court of Appeals, Court of 3 Claims, Office of State Comptroller (Department of Audit and Control, 4 NYS and Local Retirement System), Governor's Office, Metro-North Commu- 5 ter Railroad Company and Long Island Rail Road Company whose boards will 6 be nominated by State Governor and confirmed by State Senate, State 7 Commission on Judicial Conduct, and Teachers' Retirement System. All 8 other Executive Departments, offices, or agencies not otherwise set 9 forth in this article shall be abolished and their duties and employees 10 shall be divided between the new Regional Departments or offices of the 11 same name. 12 (g) Unless otherwise stated in this article, appointments for depart- 13 ments, offices and agencies shall be made by the appropriate regional 14 governors. Appointments for vacant local offices shall be made by the 15 appropriate Regional governor. 16 (h) (i) Authorities, and other Public Corporations, who have some of 17 their board members appointed by the Governor or other New York State 18 officials, and exist in only one region shall have their board members 19 appointed by that Region's Regional Governor. Authorities and other 20 government controlled Public Corporations who have some of their board 21 members appointed by Governor or other New York State officials and 22 exist in more than one region shall be divided into regional Authori- 23 ties, or regional government controlled Public Corporations, by July 1st 24 after first time the regional governors take office. Each of new 25 regional Authorities or regional government controlled Public Corpo- 26 rations shall take over the ownership of the assets, property, and leas- 27 es in their region. Equipment, media, and vehicles shall be divided 28 equitably, while debts are divided in proportion to each region's popu- 29 lation. They shall have their board members appointed by that Region's 30 Regional Governor. If some or all of the board members of these divided 31 Authorities and other government controlled Public Corporations are 32 appointed by local officials, each local official may only appoint board 33 members of new regional Authorities or regional government controlled 34 Public Corporations in the region that official serves. 35 (ii) Schools, Libraries, Fire districts or villages that exist in more 36 than one region shall be divided along the regional boundary within 37 three years after the first time the regional governors take office. The 38 divided districts shall take over the ownership of the assets, property 39 and leases in their region. Equipment, media and vehicles shall be 40 divided equitably, while debts shall be divided in proportion to each 41 new district's/village's assessed value. The State Comptroller shall 42 assign employee(s) to help the districts/villages divide assets and 43 debts. 44 (i) The State University of New York shall be divided by July 1st 45 after first election of Regional governors. All campus, locations, and 46 employees in the New Amsterdam Region shall be part of the University of 47 New Amsterdam and its board(s) appointed by New Amsterdam Regional 48 Governor with advice and consent of the New Amsterdam Regional Senate. 49 The New York and Montauk Regions shall pay at least $8,000 every six 50 months for each Regional resident enrolled full time in a Bachelor's 51 degree program at the University of New Amsterdam, for a maximum of 52 eight payments, unless they shall by New York or Montauk Regional law 53 set a higher amount. All campus, locations, and employees in the Montauk 54 Region shall be part of the University of Montauk and its board(s) 55 appointed by the Montauk Regional Governor with advice and consent of 56 the Montauk Regional Senate. The New York and New Amsterdam RegionsA. 7385 12 1 shall pay at least $8,000 every six months for each Regional resident 2 enrolled full time in a Bachelor's degree program at the University of 3 Montauk, for a maximum of eight payments, unless they shall by New York 4 or New Amsterdam Regional law set a higher amount. All campus, 5 locations, and employees in the New York Region including the City 6 University of New York shall be part of the University of New York and 7 its board(s) appointed by the New York Regional Governor with advice and 8 consent of the New York Regional Senate. The New Amsterdam and Montauk 9 Regions shall pay at least $8,000 every six months for each Regional 10 resident enrolled full time in a Bachelor's degree program at the 11 University of New York, for a maximum of eight payments, unless they 12 shall by New Amsterdam Regional law set a higher amount. 13 (j) (i) New York State owned assets, roads and bridges, property, 14 revenue, taxes (other than state sales taxes), and leases shall, by 15 April 1 after the first election of Regional governors, become the 16 assets, roads and bridges, property, revenue, taxes, and leases of the 17 Region of which they are located, earned, or of persons from which they 18 are collected reside; except that in the case of income taxes, if a 19 person earns income in one Region and resides in another Region, the 20 Region he or she earns the income in shall give him a tax credit for the 21 amount of income taxes paid in their home Region on that income. The 22 following buildings and associated land will remain state owned: The 23 State Capitol building, the Legislative Office building, the Governor 24 Alfred E Smith building, State Comptroller's building at 110 State St, 25 State Comptroller's building Parking Garage, Sheridan Hollow Parking 26 Garage, and The Governor's Executive Mansion, all located in Albany, and 27 the Adam Clayton Powell Jr. State Office Building in Harlem. 28 (ii) One half of state debt, incurred prior to the effective date of 29 this article shall remain a state obligation; the rest will become 30 regional debt and shall be divided in proportion each region's popu- 31 lation. Any payments for retirees of the New York State and Local 32 Retirement System and Teachers' Retirement System shall remain a state 33 obligation. The governors' panel shall designate two correctional facil- 34 ities for males and one correctional facility for females located in the 35 New Amsterdam Region to be owned, rented, or leased by New Amsterdam 36 Region. The remaining correctional facilities located in the New Amster- 37 dam Region shall be designated to be owned, rented, or leased by the New 38 York Region or the Montauk Region. The employees in these correctional 39 facilities shall become New York Region employees or Montauk Region 40 employees. Inmates in correctional facilities shall be divided so that 41 those who committed their crimes in the New York Region shall serve 42 their time in correctional facilities owned, rented, or leased by the 43 New York Region; while those who committed their crimes in the New Amst- 44 erdam Region shall serve their time in correctional facilities owned, 45 rented, or leased by the New Amsterdam Region and while those who 46 committed their crimes in the Montauk Region shall serve their time in 47 correctional facilities owned, rented, or leased by the Montauk Region. 48 Inmates shall be transferred to appropriate correctional facilities by 49 February 1, two years after the regional governors take office for the 50 first time. After that date a region holding inmate(s) that should be 51 transferred may charge the appropriate region for costs of holding the 52 inmate(s) in their correctional facility. Patients or residents in 53 Mental Hospitals, Developmental Centers or Group Homes who are currently 54 paid for by the state and whose original home address is in a different 55 region than such Mental Hospital, Developmental Center or Group Home is 56 located shall have their costs paid by their original home region.A. 7385 13 1 (k) The Office of Court Administration shall be divided into four 2 sections; some employees remaining under the chief judge of the Court of 3 Appeals and the rest being transferred to each Region. The division of 4 Military and Naval Affairs' New York National guard and employees will 5 remain under the New York State governor as commander in chief; the 6 division of Military and Naval Affairs' New York Guard and employees 7 shall be divided into Regional guards with each Regional governor as 8 commander in chief. Employees and property owned or leased for use of 9 the Division of Military and Naval Affairs will be divided appropriate- 10 ly. 11 § 6. Regional Judiciary. (a) The New York Regional Governor shall 12 appoint, with the advice and consent of the New York Regional Senate, 13 county judges and/or Supreme Court Justices in the New York Region to 14 serve the remainder of their term of office as Chief Justice or associ- 15 ate justice on New York Regional Superior Court. There shall be a Chief 16 Justice and four associate justices on the New York Regional Superior 17 Court. The New York Regional Superior Court shall hear appeals, in a 18 manner defined by New York Regional law, from the First and Second judi- 19 cial departments, on Regional laws or local laws within the Region and 20 shall have the final determination in interpreting New York Regional 21 laws or local laws and whether such laws are constitutional. Salaries 22 and expenses of all courts in the First and Second judicial departments 23 shall be set and paid in a manner defined by New York Region law. When a 24 vacancy occurs in the New York Regional Superior Court or a New York 25 Regional supreme court and the Regional senate is not in session, the 26 New York regional governor shall call it back in a special session to 27 fill the vacancy. 28 (b) The New Amsterdam Regional Governor shall appoint, with the advice 29 and consent of the New Amsterdam Regional Senate, county judges and/or 30 Supreme Court Justices in the New Amsterdam Region, to serve the remain- 31 der of their term of office as Chief Justice or associate justice on the 32 New Amsterdam Regional Superior Court. There shall be a Chief Justice 33 and four associate justices on the New Amsterdam Regional Superior 34 Court. The New Amsterdam Regional Superior Court shall hear appeals, in 35 a manner defined by New Amsterdam Regional law, from the Third and 36 Fourth judicial departments on Regional laws and shall have the final 37 determination in interpreting New Amsterdam Regional laws or local laws 38 and whether such laws are constitutional. Salaries and expenses of all 39 courts in the Third and Fourth judicial departments shall be set and 40 paid in a manner defined by New Amsterdam Region law. When a vacancy 41 occurs in the New Amsterdam Regional Superior Court or a New Amsterdam 42 Regional supreme court and the Regional senate is not in session the New 43 Amsterdam regional governor shall call it back in a special session to 44 fill the vacancy. 45 (c) The Montauk Regional Governor shall appoint, with the advice and 46 consent of the Montauk Regional Senate, county judges and/or Supreme 47 Court Justices in Montauk Region; to serve the remainder of their term 48 of office as Chief Justice or associate justice on the Montauk Regional 49 Superior Court. There shall be a Chief Justice and four associate 50 justices on the Montauk Regional Superior Court. The Montauk Regional 51 Superior Court shall hear appeals, in a manner defined by Montauk 52 Regional law, from Fifth and Sixth judicial department on Regional laws 53 and shall have the final determination in interpreting Montauk Regional 54 laws or local laws and whether such laws are constitutional. Salaries 55 and expenses of all courts in the Fifth and Sixth judicial departments 56 shall be set and paid in a manner defined by Montauk Regional law. WhenA. 7385 14 1 a vacancy occurs in the Montauk Regional Superior Court or a Montauk 2 Regional supreme court and the Regional senate is not in session the 3 Montauk Regional governor shall call it back in a special session to 4 fill the vacancy. 5 (d) Justices of the Appellate Division First and Second judicial 6 departments shall be appointed by the New York Regional Governor. 7 (e) Justices of the Appellate Division Third and Fourth judicial 8 departments shall be appointed by the New Amsterdam Regional Governor. 9 (f) Justices of the Appellate Division Fifth and Sixth judicial 10 departments shall be appointed by the Montauk Regional Governor. 11 (g) The jurisdiction of each Regional Superior Court shall be limited 12 to the review of questions of applicable United States law, state law, 13 regional law, local laws, rules, charters, ordinances or regulations, 14 when hearing appeals from appellate divisions; except where the judgment 15 is of death where appeal will be to the Court of Appeals, or where the 16 appellate division within its Region, on reversing or modifying a final 17 or interlocutory judgment in an action or a final or interlocutory order 18 in a special proceeding, finds new facts and a final judgment or a final 19 order pursuant thereto is entered. The right to appeal shall not depend 20 upon the amount involved. The applicable Regional Superior Court shall 21 adopt and from time to time may amend a rule to permit the court to 22 answer questions of Regional law certified to it by the Supreme Court of 23 the United States, a Court of Appeals of the United States or an appel- 24 late court of last resort of another state, which may be determinative 25 of the cause then pending in the certifying court and which in the opin- 26 ion of the certifying court are not controlled by precedent in the deci- 27 sions of the courts of that Region. Each region may by regional law set 28 up a regional court of claims, which shall have at least five judges the 29 actual number of judges shall be set by regional law. The term of 30 office shall be ten years. The terms shall be staggered so an equal 31 number of judges terms expire on every December 31st of even numbered 32 years. At least three judges must hear each case. The judges shall be 33 appointed by the appropriate regional governor but must be confirmed by 34 the appropriate regional Senate. The court shall have jurisdiction to 35 hear and determine claims against that region or by that region against 36 the claimant or between conflicting claimants as the regional legisla- 37 ture may by regional law provide. Regional law may also give its 38 regional court of claims the power to hear claims against any county, 39 district, or other municipality over a dollar amount set by regional 40 law. Jury trials shall not be allowed at a regional court of claims. 41 Any appeals may be heard by the applicable Regional Superior Court. The 42 Chief Justice of the applicable Regional Superior Court shall be the 43 Chief Justice of that Region's courts and shall be the chief judicial 44 officer of that region's unified court. In each Region there shall be an 45 administrative board of the courts which shall consist of the Chief 46 Justice of the applicable Regional Superior Court as chairperson and the 47 presiding justice of the appellate division of the supreme court of each 48 judicial department within that Region. The Chief Justice shall, with 49 the advice and consent of the administrative board of the courts, 50 appoint a chief administrator of the courts in that Region who shall 51 serve at the pleasure of that Regional Chief Justice. The Regional chief 52 administrator, on behalf of the Chief Justice, shall supervise the 53 administration and operation of the unified Regional court system. In 54 the exercise of such responsibility, the Regional chief administrator of 55 the courts shall have such powers and duties as may be delegated to him 56 or her by that Region's Chief Justice and such additional powers andA. 7385 15 1 duties as may be provided by Regional law. The Chief Justice, after 2 consultation with that Region's administrative board, shall establish 3 standards and administrative policies for general application throughout 4 that Region, which shall be submitted by the Chief Justice of that 5 Region's superior court, together with the recommendations, if any, of 6 that Region's administrative board. Such standards and administrative 7 policies shall be promulgated after approval by that Region's superior 8 court. When a judge is appointed to a Regional Superior Court an addi- 9 tional new judge position shall be temporarily created in the trial 10 court for the length of the appointment and filled by election to take 11 over the vacancy produced by the appointment to the Regional Superior 12 Court. Each region shall fund its own courts. After January 1, two years 13 after the regional governors take office for the first time the number 14 of judges on each Appellate Division shall be set by the applicable 15 region's law. 16 (h) A Fourteenth Judicial District shall be created consisting of 17 Dutchess, Orange, and Putnam counties. This 14th Judicial District shall 18 be part of the Third Judicial Department. A fifteenth Judicial District 19 shall be created consisting of Nassau County. A fifth Judicial Depart- 20 ment shall be created consisting of the remaining parts of the tenth 21 Judicial District, the thirteenth Judicial District which contains Rich- 22 mond County, and the fifteenth Judicial District. A Sixth Judicial 23 Department shall be created consisting of the remaining parts of the 24 ninth Judicial District. 25 (i) The Court of Appeals shall, after each federal census is taken 26 decennially, also draw U.S. Congressional districts for the next 27 election, but limit the number of districts crossing regional boundaries 28 to maximum of three. 29 (j) (i) There shall be a unified court system for each Region of the 30 state. The state-wide courts shall consist of the Court of Appeals, and 31 the court of claims. The Region-wide courts of each Region shall 32 consist of each Region's Regional superior court, supreme courts includ- 33 ing the appellate divisions thereof, the county court, the surrogate's 34 court and the family court, as hereinafter provided. The unified court 35 system for each Region shall also include the district, town, city and 36 village courts, within each Region as hereinafter provided. The New 37 York Regional legislature shall establish in and for the city of New 38 York, as part of the unified court system for its region, a single, 39 city-wide court of civil jurisdiction and a single, city-wide court of 40 criminal jurisdiction, as hereinafter provided, and may upon the request 41 of the mayor and the local legislative body of the city of New York, 42 merge the two courts into one city-wide court of both civil and criminal 43 jurisdiction. 44 (ii) The Court of Appeals, the Regional superior courts, supreme 45 courts including the appellate divisions thereof, the court(s) of 46 claims, the county court, the surrogate's court, the family court, the 47 courts or court of civil and criminal jurisdiction of the city of New 48 York, and such other courts as the applicable Regional legislature may 49 determine shall be courts of record. 50 (iii) All processes, warrants and other mandates of the Court of 51 Appeals, and the court of claims may be served and executed in any part 52 of the state. All processes, warrants and other mandates of the Regional 53 superior court, supreme courts including the appellate divisions there- 54 of, the county court, the surrogate's court, the family court and other 55 Regional courts may be served and executed only in the applicable 56 Region. All processes, warrants and other mandates of the courts orA. 7385 16 1 court of civil and criminal jurisdiction of the city of New York may, 2 subject to such limitation as may be prescribed by the New York Regional 3 legislature, be served and executed in any part of the New York Region. 4 The applicable Regional legislature may provide that processes, warrants 5 and other mandates of the district court may be served and executed in 6 any part of the Region and that processes, warrants and other mandates 7 of town, village and city courts outside the city of New York may be 8 served and executed in any part of the county in which such courts are 9 located or in any part of any adjoining county within that Region. 10 (iv) The court of appeals is continued. Effective on December 1st 11 after the regional governors are elected for the first time, it shall 12 consist of the eleven judges. Those in office on the effective date of 13 this article shall continue to hold their offices until the expiration 14 of their respective terms. The official terms of the court of appeals 15 chief judge and the associate judges shall be fourteen years. After the 16 regional governors are elected for the first time, the chief judge shall 17 assign each associate judge into Classes; the first Class shall be the 18 current chief judge and one associate judge whose successors will 19 continue to be nominated by the state governor. The chief judge shall 20 also create one class for each region with three (3) judgeships in each 21 class; and assign the remaining associate judges and new or vacant seats 22 equally among the regional classes; so their successors or new judges 23 can be nominated by the regional governor of the region of whose class 24 they were assigned. The court of appeals shall have the power to 25 appoint from its members its chief judge who will serve at the pleasure 26 of the court. The court of appeals shall have power to appoint and to 27 remove its clerk. A majority of the court may decide to hear or reject 28 appeals from a Regional Superior Court. Two-thirds (2/3) members of the 29 court shall constitute a quorum, and the concurrence of at least three- 30 quarters (3/4) of full Court of Appeals judges shall be necessary to a 31 decision on an appeal from a Regional Superior Court; however when the 32 Court of Appeals has original jurisdiction only a majority vote will be 33 needed for a decision. When the Court of Appeals cannot reach a decision 34 the lower court ruling is upheld, except where the judgment is of death, 35 where the Court of Appeals must reach a decision or a lower court ruling 36 allowing death is overturned. The powers and jurisdiction of the court 37 shall not be suspended for want of appointment when the number of judges 38 is sufficient to constitute a quorum. 39 (v) The commission on judicial nomination members shall be replaced 40 and shall be chosen as follows: four shall be appointed by each regional 41 governor, four by the chief judge of the court of appeals, one by the 42 regional speaker of each regional assembly, one by regional temporary 43 president of each regional senate, one by regional minority leader of 44 each regional senate, and one by regional minority leader of each 45 regional assembly. Of the four members appointed by each of the regional 46 governors, no more than two shall be enrolled in the same political 47 party, two shall be members of the bar of the state or region, and two 48 shall not be members of the bar of the state or region. Of the four 49 members appointed by the chief judge of the court of appeals, no more 50 than two shall be enrolled in the same political party, two shall be 51 members of the bar of the state or region, and two shall not be members 52 of the bar of the state or region. No member of the commission shall 53 hold or have held any judicial office or hold any elected public office 54 for which he or she receives compensation during his or her period of 55 service, except that the governor and the chief judge may each appoint 56 no more than one former judge or justice of the state or regional courtA. 7385 17 1 system to such commission. No member of the commission shall hold any 2 office in any political party. No member of the judicial nominating 3 commission shall be eligible for appointment to judicial office in any 4 court of the state during the member's period of service or within one 5 year thereafter. 6 (vi) The members appointed by the state governor, the temporary presi- 7 dent of the senate, the speaker of the assembly and the minority leader 8 of the senate shall be removed from the commission on December 1st after 9 the regional governors are elected for the first time. The members first 10 appointed by each regional governor shall have respectively one, two, 11 three and four year terms as that regional governor shall designate. 12 Each subsequent appointment by a regional governor shall be for a term 13 of four years and those appointed by the chief judge shall be for a term 14 of four years. The other members shall have a term of two years. 15 Appointments to fill a vacancy shall only be for the remainder of the 16 term. 17 (vii) The commission shall consider the qualifications of candidates 18 for appointment to the offices of judge and chief judge of the court of 19 appeals and, whenever a vacancy in those offices occurs, shall prepare a 20 written report and recommend to the appropriate regional governor or 21 state governor at least seven persons who are well qualified for those 22 judicial offices. 23 (viii) The appropriate regional governor shall appoint, with the 24 advice and consent of his/her regional senate, from among list of those 25 recommended by the judicial nominating commission, a person to fill the 26 office of Court of Appeals judge, whenever a vacancy occurs in a court 27 of appeals in a seat in the class assigned to his/her region. The appro- 28 priate regional governor shall transmit to his/her regional senate the 29 written report of the commission on judicial nomination relating to the 30 nominee; provided, however, that no person may be appointed a judge of 31 the court of appeals by a regional governor unless such person is a 32 resident of that governor's region and has been admitted to the practice 33 of law in that region or in this state. The state governor shall 34 appoint, with the advice and consent of the state senate, from among 35 those recommended by the judicial nominating commission, a person to 36 fill the office of of Court of Appeals judge whenever a vacancy occurs 37 in a court of appeals in seat in first class assigned to the state 38 governor; provided, however, that no person may be appointed a judge of 39 the court of appeals by the state governor unless such person is a resi- 40 dent of the state and has been admitted to the practice of law in this 41 state or a region within this state for at least ten years. The governor 42 shall transmit to the senate the written report of the commission on 43 judicial nomination relating to the nominee. 44 (ix) The jurisdiction of the Court of Appeals shall be limited to the 45 review of questions of law on appeal from a Regional Superior Court 46 except where the judgment is of death. The Court of Appeals will only 47 hear those appeals where at least two-thirds (2/3) of Court of Appeals 48 judges vote to hear the case. The Court of Appeals shall continue to 49 have the final say in interpreting New York State law and whether New 50 York State laws are Constitutional when hearing appeals on New York 51 State law from the appellate divisions. All appeals from the appellate 52 divisions on regional law, local law, regional charter, regional regu- 53 lation, or local regulation must first be heard by the appropriate 54 Regional Superior Court before being appealed to the Court of Appeals. 55 The Court of Appeals may only reverse a Regional Superior Court ruling 56 or a lower court ruling that a Regional Superior Court has let stand ifA. 7385 18 1 at least three-quarters (3/4) of Court of Appeals judges vote to reverse 2 the ruling. The Court of Appeals shall have original jurisdiction of 3 actions of one region against another region. 4 (x) The state shall be divided into six judicial departments. The 5 first department shall consist of the counties within the first and 6 twelfth judicial districts of the state. The second department shall 7 consist of the counties within the second, ninth, eleventh and thir- 8 teenth judicial districts of the state. The third department shall 9 consist of the counties within the third, fourth, sixth and fourteenth 10 judicial districts of the state. The fourth department shall consist of 11 the counties within the fifth, seventh and eighth judicial districts of 12 the state. The fifth department shall consist of the counties within the 13 tenth and fifteenth judicial districts of the state. A Sixth Judicial 14 Department shall be created consisting of remaining parts of ninth Judi- 15 cial District in Rockland and Westchester counties. Each department 16 shall be bounded by the lines of judicial districts. Once every ten 17 years the applicable regional legislature may alter the boundaries of 18 the judicial departments in its region, but without changing the number 19 thereof and no judicial department may be drawn in such a way to have 20 counties from more than a single Region. 21 (xi) Each of the justices of the appellate divisions of the supreme 22 court are continued as justices and shall serve in the department and 23 region they reside. Appellate divisions of the supreme court shall have 24 name of its region, and shall consist of at least five justices of the 25 supreme court but the exact number in each department shall be set by 26 applicable region's law. In each appellate division, four justices shall 27 constitute a quorum, and the concurrence of three shall be necessary to 28 a decision. No more than five justices shall sit in any case. 29 (xii) The justices of each appellate division shall be designated by 30 the appropriate regional governor, from all the justices elected to the 31 supreme court for terms of five years or the unexpired portions of their 32 respective terms of office, if less than five years, and each justice 33 during his or her term of office shall be a resident of the department. 34 The justices of each appellate division shall elect the presiding 35 justice of their appellate division, for a two year term. Until an 36 election is held the appropriate regional governor shall designate an 37 acting presiding justice. 38 (xiii) The state shall be divided into judicial districts. Unless 39 otherwise stated in this article all judicial districts shall continue 40 to keep the same boundaries that existed prior to the adoption of this 41 article unless modified according to section 6 of Article VI. If any 42 judicial district exists in more than one region it shall be divided 43 into separate districts along the regional boundary. 44 (xiv) Once every ten years the applicable regional legislature may 45 increase or decrease the number of judicial districts or alter the 46 composition of judicial districts and thereupon re-apportion the 47 justices to be thereafter elected in the judicial districts so altered 48 and/or assign judicial districts to a different judicial department. 49 Each judicial district shall be bounded by county lines. No judicial 50 district may be drawn in such a way to have counties from more than a 51 single region or be assigned to judicial department not contained within 52 its region. 53 (xv) Each supreme court shall have the name of its region added to the 54 beginning of its title. 55 (xvi) The provisions of this section shall in no way limit or impair 56 the jurisdiction of the regional supreme court as set forth in sectionA. 7385 19 1 seven of this article. All proceedings of the family court shall be 2 open to the public, however the court may require that only the first 3 names of the minors and their parents or their relatives be used in its 4 proceedings and shall prohibit video and photo(s) of its proceedings. 5 (xvii) The state legislature may provide for the manner of trial of 6 actions and proceedings involving claims against the state. The appro- 7 priate regional legislature may provide by regional law what claims 8 against its region or local governments may be heard by its regional 9 court of claims and whether a jury trial will be allowed. 10 (xviii) Each court shall exercise jurisdiction over any action or 11 proceeding transferred to it pursuant to this section, but no action or 12 proceeding shall ever be transferred out of its original region. 13 (xix) There shall be a commission on judicial conduct. The commission 14 on judicial conduct shall receive, initiate, investigate and hear 15 complaints with respect to the conduct, qualifications, fitness to 16 perform or performance of official duties of any judge or justice of the 17 unified court system, in the manner provided by law; and may determine 18 that a judge or justice be admonished, censured or removed from office 19 for cause, including, but not limited to, misconduct in office, persist- 20 ent failure to perform his or her duties, habitual intemperance, and 21 conduct, on or off the bench, prejudicial to the administration of 22 justice, or that a judge or justice be retired for mental or physical 23 disability preventing the proper performance of his or her judicial 24 duties. The commission shall transmit such determination to the chief 25 judge of the court of appeals who shall cause written notice of such 26 determination to be given to the judge or justice involved. Such judge 27 or justice may either accept the commission's determination or make 28 written request to the chief judge of the court of appeals if part of 29 state unified court system or chief justice of the appropriate Regional 30 Superior Court if part of regional unified court system, within thirty 31 days after receipt of such notice, for a review of such determination by 32 the court of appeals or the appropriate Regional Superior Court. Any 33 complaint about a justice who is a member of a regional Superior Court 34 shall be referred to the members of the applicable regional senate 35 committee(s) for investigation and appropriate action. Any complaint 36 about a judge who is a member of the Court of Appeals shall be referred 37 to all members of the applicable state senate committee(s) for investi- 38 gation and appropriate action, as this commission on judicial conduct 39 shall have no jurisdiction over them. The commission on judicial conduct 40 members shall be replaced and shall be chosen as follows: four shall be 41 appointed by each regional governor, one by each regional temporary 42 president of the regional senates, one by the minority leader of each of 43 the regional senates, one by each speaker of the regional assemblies, 44 one by the minority leader of each of the regional assemblies and three 45 by the chief judge of the court of appeals. Of the members appointed by 46 the regional governors none shall be a member of the bar of the state or 47 region nor a judge or justice. Of the members appointed by the chief 48 judge all shall be members of the bar of the state or region. None of 49 the persons to be appointed by the legislative leaders shall be justices 50 or judges or retired justices or judges. The chief judge of court of 51 appeals shall break any tie votes of the commission within three days. 52 The persons first appointed by each regional governor shall have respec- 53 tively one, two, three, and four-year terms as the applicable regional 54 governor shall designate. The chief judge of the court of appeals shall 55 designate remaining terms of members of the commission in such a way 56 that no more than one quarter of persons appointed shall have their termA. 7385 20 1 expire in any given year. Each member of the commission shall be 2 appointed thereafter for a term of four years. A vacancy shall be 3 filled by the appointing officer for the remainder of the term. 4 (xx) Judges of the court of appeals and Judges of the court of claims 5 may be removed by concurrent resolution of both houses of the state 6 legislature, if three-fifths of all the members elected to each house 7 concur therein. 8 (xxi) Justices of the Regional Superior Court, Justices of the supreme 9 court, judges of the regional court of claims, the county court, the 10 surrogate's court, the family court, the courts for the city of New York 11 established pursuant to this article, the district court and such other 12 courts as the legislature may determine, may be removed by the applica- 13 ble regional senate, on the recommendation of the applicable regional 14 governor, if three-fifths of all the members elected to the regional 15 senate concur therein. 16 (xxii) Temporary assignments of all the foregoing judges or justices 17 listed in this section, and of judges of the city courts, shall be made 18 by the appropriate regional chief administrator of the courts in accord- 19 ance with established regional standards and administrative policies, 20 but no judge or justice shall be assigned outside his/her region. 21 (xxiii) (1) The chief judge of the court of appeals shall be the chief 22 judge of the state of New York and shall be the chief judicial officer 23 of the state unified court system consisting of the Court of Appeals, 24 the Court of Claims and the State Commission on Judicial Conduct. There 25 shall be an administrative board of the courts which shall consist of 26 the chief judge of the court of appeals as chairperson and two associate 27 judges of the court of appeals selected by the court. The chief judge 28 shall, with the advice and consent of the administrative board of the 29 courts, appoint a chief administrator of the state courts who shall 30 serve at the pleasure of the chief judge. 31 (2) The chief administrator of the state courts shall keep an up to 32 date version of the New York State Constitution, New York State laws, 33 charters, rules and regulations on the court's website; and links to all 34 regional chief administrators of regional courts' websites and all 35 regional secretary of state websites. Each region's secretary of state 36 shall keep on a regional department of state website up to date versions 37 of the New York State Constitution, that region's laws, charters, rules 38 and regulations, local charters, laws, ordinances and rules and regu- 39 lations within that region. 40 (xxiv) The state legislature shall provide for the allocation of the 41 cost of operating and maintaining the court of appeals, the court of 42 claims, the judicial nominating commission, and the State Commission on 43 Judicial Conduct. Each region shall fund its own courts; the Regional 44 Superior Court, the appellate division of the supreme court in each 45 judicial department, the supreme courts, the county courts, the surro- 46 gate's courts, the family courts, the courts for the city of New York 47 and the district courts. 48 § 7. Full Faith and Credit shall be given in each Region to the public 49 acts, records, licenses, permits, and judicial Proceedings of the other 50 Regions. The State Legislature may by state laws prescribe the manner in 51 which such acts, records, and proceedings shall be proved, and the 52 effect thereof. Licenses and permits previously issued by the state 53 shall remain in effect until their expiration date, when they may be 54 renewed with the Region. 55 § 8. This new article XX shall supersede any part of the New York 56 State Constitution it conflicts with. If any part of this amendment isA. 7385 21 1 found to be unconstitutional by a court of competent jurisdiction the 2 remainder shall remain in effect. 3 § 2. Resolved (if the Senate concur), That article 9 of the constitu- 4 tion be amended by adding a new section 4 to read as follows: 5 § 4. Owners of parcels of land that are adjacent to each other or only 6 separated by a road, highway, railroad, body of water, and/or a waterc- 7 ourse within a single county may separate from any city (cities) and/or 8 town(s) whose jurisdiction the land is currently under, and incorporate 9 a new town. First, the owners must draw up a map and prepare a charter 10 of the proposed town and have one fifth (1/5) of the owners of land in 11 the proposed new town sign a petition agreeing to the map and charter. 12 The proposed town must have at least two thousand (2000) people residing 13 in it. The charter they draft shall describe how any special district(s) 14 will be affected and when the charter will take effect and when the 15 special election to fill offices created for the first time under the 16 charter will be held. Second the map, charter and petition must be filed 17 with the county board of elections where the proposed town will exist 18 before September 1st of any year. The county board of elections shall 19 then schedule a vote on the proposed town on the next election day in 20 November. Only voters who reside within the proposed town may vote on 21 creating it. If a majority of those voting approve it the new town will 22 be created and will cease to be part of the municipality or munici- 23 palities it separates from thirty days after the new town's officials 24 take office. The new town and the municipality or municipalities it 25 separates from should negotiate fair prices for water, sewer or other 26 services that must continue to be shared. If an agreement cannot be 27 reached either may petition the Appellate Division of Supreme court to 28 set the prices for up to four years at a time. Should anyone go to 29 court to block the creation of the new town and not prevail they shall 30 pay the reasonable legal fees and court costs of those trying to create 31 the new town. 32 § 3. Resolved (if the Senate concur), That article 8 of the constitu- 33 tion be amended by adding two new sections 2-b and 2-c to read as 34 follows: 35 § 2-b. In the New Amsterdam region and Montauk Region the fiscal year 36 of any county, city, town, village or other district excluding school 37 and library districts shall be from December 1st to November 30th of the 38 following year. Whenever a proposed budget increase shall exceed two 39 percent (2%) from the previous year's budget or a proposed property tax 40 rate increase shall exceed two percent (2%) from the previous year's 41 property tax rate; the proposed budget and/or property tax rate 42 increased shall be submitted to their voters for a yes or no vote, on 43 Election Day in November. Sixty (60) percent of voters voting on it must 44 vote yes for it to be approved. If approved the budget shall take effect 45 at the start of fiscal year and property taxes will be collected as 46 defined by law; however if defeated or no budget/property tax rate vote 47 was held, the budget that county, city, town, village or other district 48 excluding school districts must have a budget increase of less than two 49 percent (2%) and the property tax rate increase must be less than two 50 percent (2%). Regional laws may be enacted to enforce this section. 51 § 2-c. In the New Amsterdam region and Montauk Region the fiscal year 52 of all school and library districts shall be from July 1st to June 30th 53 of the following year. The school budget shall be submitted to the 54 voters, for a yes or no vote, on a day in May or June that is selected 55 by law and any primaries held during May or June will occur on the same 56 day at same election district polling places with the same poll hoursA. 7385 22 1 statewide. If a proposed budget increase shall exceed two percent (2%) 2 from the previous year's budget or a proposed property tax rate increase 3 shall exceed two percent (2%) from the previous year's property tax 4 rate, sixty (60) percent of voters voting must vote yes for it to be 5 approved. If the budget is approved it will take effect as defined by 6 law. If a school district budget is defeated a contingency budget will 7 be adopted; the amount of any contingency budget increase shall be less 8 than two percent (2%), per enrolled student as of July 1st. If a 9 library district budget is defeated the district must have a budget 10 increase of less than two percent (2%) and the property tax rate 11 increase must be less than two percent (2%). Regional laws may be 12 enacted to enforce this section. 13 § 4. Resolved (if the Senate concur), That section 2 of article 19 of 14 the constitution be amended to read as follows: 15 § 2. At the general election to be held in the year nineteen hundred 16 fifty-seven, and every twentieth year thereafter, and also at such times 17 as the legislature may by law provide, the question "Shall there be a 18 convention to revise the constitution and amend the same?" shall be 19 submitted to and decided by the electors of the state; and in case a 20 majority of the electors voting thereon shall decide in favor of a 21 convention for such purpose, the electors of every [senate district of22the state, as then organized, shall elect three delegates] regional 23 senate district of the state, as then organized, shall elect three 24 delegates and their votes shall be weighed by the population of the 25 delegate's Regional Senate District at the next ensuing general 26 election[, and the electors of the state voting at the same election27shall elect fifteen delegates-at-large]. The delegates so elected shall 28 convene at the capitol on the first Tuesday of April next ensuing after 29 their election, and shall continue their session until the business of 30 such convention shall have been completed. Every delegate shall receive 31 for his or her services the same compensation as shall then be annually 32 payable to the members of the assembly and be reimbursed for actual 33 traveling expenses, while the convention is in session, to the extent 34 that a member of the assembly would then be entitled thereto in the case 35 of a session of the legislature. A majority of the convention shall 36 constitute a quorum for the transaction of business, and no amendment to 37 the constitution shall be submitted for approval to the electors as 38 hereinafter provided, unless by the assent of a majority of all the 39 delegates elected to the convention, the ayes and noes being entered on 40 the journal to be kept. The convention shall have the power to appoint 41 such officers, employees and assistants as it may deem necessary, and 42 fix their compensation and to provide for the printing of its documents, 43 journal, proceedings and other expenses of said convention. The conven- 44 tion shall determine the rules of its own proceedings, choose its own 45 officers, and be the judge of the election, returns and qualifications 46 of its members. In case of a vacancy, by death, resignation or other 47 cause, of any district delegate elected to the convention, such vacancy 48 shall be filled by a vote of the remaining delegates representing the 49 district in which such vacancy occurs. If such vacancy occurs in the 50 office of a delegate-at-large, such vacancy shall be filled by a vote of 51 the remaining delegates-at-large. Any proposed constitution or constitu- 52 tional amendment which shall have been adopted by such convention, shall 53 be submitted to a vote of the electors of the state at the time and in 54 the manner provided by such convention, at an election which shall be 55 held not less than six weeks after the adjournment of such convention. 56 Upon the approval of such constitution or constitutional amendments, inA. 7385 23 1 the manner provided in the last preceding section, such constitution or 2 constitutional amendment, shall go into effect on the first day of Janu- 3 ary next after such approval. 4 § 5. Resolved (if the Senate concur), That article 11 of the constitu- 5 tion be REPEALED and a new article 11 be added to read as follows: 6 ARTICLE XI 7 EDUCATION 8 Each Regional legislature shall provide for the maintenance and 9 support of a system of free common schools, wherein all the children of 10 this state may be educated and shall provide for a Regional education 11 department. The legislature may provide for the transportation of chil- 12 dren to and from any school or institution of learning. 13 § 6. Resolved (if the Senate concur), That article 19 of the constitu- 14 tion be amended by adding a new section 4 to read as follows: 15 § 4. No future amendment or new state constitution can be approved 16 unless at least 55 percent of the voters voting on it in the New Amster- 17 dam Region, 55 percent of the voters voting on it in the Montauk Region 18 and at least 55 percent of the voters voting on it in the New York 19 Region all approve the changes. 20 § 7. Resolved (if the Senate concur), That section 1 of article 5 of 21 the constitution be REPEALED and a new section 1 be added to read as 22 follows: 23 Section 1. (a) In elections held after the regional governors take 24 office for the first time the state comptroller shall be elected for a 25 term of office of five years, and shall possess the qualifications 26 provided in section 2 of article IV. The legislature shall provide for 27 filling vacancies in the office of comptroller. The comptroller shall be 28 required: (i) to audit all vouchers before payment and all official 29 accounts; (ii) to audit the accrual and collection of all revenues and 30 receipts; and (iii) to prescribe such methods of accounting as are 31 necessary for the performance of the foregoing duties. The payment of 32 any moneys of the state, or of any moneys under its control, or the 33 refund of any moneys paid to the state, except upon audit by the comp- 34 troller, shall be void, and may be restrained upon the suit of any 35 taxpayer with the consent of the supreme court in the appellate division 36 on notice to the appropriate regional attorney-general. 37 (b) In such respect the appropriate regional legislature only shall 38 define the powers and duties and may also assign to him or her: (i) 39 supervision of the accounts of any political subdivision of their 40 region; and (ii) powers and duties pertaining to or connected with the 41 assessment and taxation of real estate, including determination of 42 ratios which the assessed valuation of taxable real property bears to 43 the full valuation thereof, but not including any of those powers and 44 duties reserved to officers of a county, city, town or village by virtue 45 of sections seven and eight of article nine of this constitution. The 46 appropriate regional legislature shall assign to him or her no adminis- 47 trative duties, excepting such as may be incidental to the performance 48 of these functions, any other provision of this constitution to the 49 contrary notwithstanding. The office of comptroller shall also calculate 50 annually the median annual income of individuals in the state. 51 § 8. Resolved (if the Senate concur), That section 6 of article 3 of 52 the constitution be REPEALED. 53 § 9. Resolved (if the Senate concur), That the foregoing amendment be 54 referred to the first regular legislative session convening after the 55 next succeeding general election of members of the assembly, and, inA. 7385 24 1 conformity with section 1 of article 19 of the constitution, be 2 published for 3 months previous to the time of such election.