Bill Text: NY S03484 | 2025-2026 | 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 5-0)
Status: (Introduced) 2025-01-28 - TO ATTORNEY-GENERAL FOR OPINION [S03484 Detail]
Download: New_York-2025-S03484-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3484 2025-2026 Regular Sessions IN SENATE January 27, 2025 ___________ Introduced by Sens. HELMING, BORRELLO, MURRAY, OBERACKER, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 Assembly 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, 12 Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, 13 Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Living- 14 ston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89079-01-5S. 3484 2 1 Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenec- 2 tady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, 3 Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, and Yates. 4 (c) The Montauk Region shall consist of the counties of Nassau, 5 Suffolk, Rockland, and Westchester. 6 (d) Any new counties not listed shall be assigned by state law to the 7 correct Region. 8 (e) The New Amsterdam Regional capital shall be within Albany County 9 unless the New Amsterdam Region by Regional law picks a different 10 location. The New York Regional capital shall be within Richmond County 11 unless the New York Region by Regional law picks a different location. 12 The Montauk Regional capital shall be within Westchester County unless 13 the Montauk Region by Regional law picks a different location. 14 § 2. (a) The legislative power of each Region shall be vested in two 15 houses; a Regional Senate and a Regional Assembly, whose members shall 16 be elected by the United States citizens who are 18 years of age or 17 older and reside in their respective districts. Regional Assemblyper- 18 sons and Regional Senators must be a United States citizen and be a 19 resident of the respective district or reside within seven miles of 20 their respective district. 21 (b) Regional Senators will also serve in the New York State Senate; 22 Regional Assemblypersons also will serve in the New York State Assembly. 23 (c) New Amsterdam Regional Senate shall have 24 Senators, the Montauk 24 Region shall have 12 Senators, and the New York Regional Senate shall 25 have 34 Senators. 26 (d) (i) The number of New Amsterdam Regional Assembly members shall be 27 calculated by dividing the population of the New Amsterdam Region by 28 125,000 and rounded upward to the nearest odd whole number. 29 (ii) The number of New York Regional Assembly members shall be calcu- 30 lated by dividing the population of the New York Region by 125,000 and 31 rounded upward to the nearest odd whole number. 32 (iii) The number of Montauk Regional Assembly members shall be calcu- 33 lated by dividing the population of Montauk Region by 125,000 and round- 34 ed upward to the nearest odd whole number. 35 (e) Each federal census taken decennially shall be controlling as to 36 the number of inhabitants in the state or any part thereof for the 37 purposes of the apportionment of members of the assembly and readjust- 38 ment or alteration of Regional senate and assembly districts next occur- 39 ring in so far as such census and the tabulation thereof purport to give 40 the information necessary therefor. The first year after this Article 41 takes effect the Court of Appeals shall draw the Regional Senate and 42 Assembly districts; thereafter each Regional Legislature shall by 43 Regional law draw contiguous Senate and Assembly districts of roughly 44 equal population for that Region; however one Assembly district and one 45 Senate district may include parts of Westchester and Nassau counties if 46 needed to keep districts roughly equal in population. Regional Assembly- 47 persons and Regional Senators terms will be two years. The term shall 48 start at noon on December 1st following their election and end two years 49 later at noon on December 1st. No town shall have more than one assem- 50 blyperson unless its population exceeds the population required for a 51 Regional assembly district. 52 (f) Each Regional Legislature shall hold its regular session in months 53 of January, February, and March of each year adjourning no later than 54 March 20th. Each Regional senator shall have one vote in their Regional 55 senate. Each Regional assemblyperson shall have one vote in their 56 Regional assembly.S. 3484 3 1 (g) The fiscal year of each Region will be from March 1st to the last 2 day of February of the following year. If at noon on the date a new 3 fiscal year starts all the appropriate region's budget appropriation 4 bills and revenue bills have not been enacted into law, then that 5 region's previous fiscal year's budget shall become that region's 6 default budget. Once a regional default budget takes effect, no part of 7 the appropriate proposed regional executive budget shall be enacted into 8 law. The appropriations shall remain the same as the previous fiscal 9 year's appropriation laws. The appropriations given to each county, 10 city, town, village or school district shall also remain the same as 11 that region's previous fiscal year. No moneys may be transferred between 12 appropriation laws or other changes to default budget may be enacted, 13 unless approved by new supplemental regional appropriation bill(s) which 14 are enacted into law. Any appropriations that were designed to be non- 15 recurring appropriations shall be dropped from the default regional 16 budget. Supplemental regional appropriation bill(s) voted on between 17 April 1st and December 31st of any calendar year shall require at least 18 three-fifths (3/5) vote of both of the appropriate regional legisla- 19 ture's houses with the ayes and nays entered on the journal, to be 20 enacted. The default regional budget shall be treated as a regular 21 regional budget and expire at the end of the fiscal year. Supplemental 22 regional appropriation bill(s) are any appropriation bill created by the 23 appropriate regional legislature. 24 (h) The following consolidated chapters of New York State law shall 25 become the Regional laws of each Region: Abandoned Property, Agriculture 26 and Markets, Alcoholic Beverage Control, Alternative County Government, 27 Arts and Cultural Affairs, Banking, Benevolent Orders, Boxing Sparring 28 and Wrestling, Business Corporation, Canal, Civil Practice Law and 29 Rules, Civil Rights, Civil Service (Regional and Local), Cooperative 30 Corporations, Correction, County, Criminal Procedure, Debtor and Credi- 31 tor, Domestic Relations, Economic Development Law, Education, Elder, 32 Election (Regional and Local), Eminent Domain Procedure, Employer's 33 Liability, Energy, Environmental Conservation, Estates Powers and 34 Trusts, Executive, Financial Services Law, General Associations, General 35 Business, General City, General Construction, General Municipal, General 36 Obligations, Highway, Insurance, Judiciary (Superior, Appellate, 37 Supreme, County and Local) Labor, Legislative (Regional and Local), 38 Lien, Limited Liability Company Law, Local Finance, Mental Hygiene, 39 Military, Multiple Dwelling, Multiple Residence, Municipal Home Rule, 40 Navigation, New York State Printing and Public Documents, Not-For-Profit 41 Corporation, Parks, Recreation and Historic Preservation, Partnership, 42 Penal, Personal Property, Private Housing Finance, Public Authorities, 43 Public Buildings, Public Health, Public Housing, Public Lands, Public 44 Officers, Public Service, Racing, Pari-Mutuel Wagering and Breeding Law, 45 Railroad, Rapid Transit, Real Property, Real Property Actions and 46 Proceedings, Real Property Tax, Religious Corporations, Rural Electric 47 Cooperative, Second Class Cities, Social Services, Soil and Water 48 Conservation Districts, State, State Administrative Procedure Act, State 49 Finance, State Technology, Statute of Local Governments, Tax (except it 50 may not enact or collect any Regional sales taxes), Town, Transporta- 51 tion, Transportation Corporations, Uniform Commercial Code, Vehicle and 52 Traffic, Village, Volunteer Ambulance Workers' Benefit, Volunteer Fire- 53 fighters' Benefit, Workers' Compensation, Family Court, Surrogate's 54 Court Procedure, Uniform City Court, Uniform District Court, Uniform 55 Justice Court, and any other types of laws not listed in State Legisla- 56 ture's list in section 3 of this article. Regional laws for these typesS. 3484 4 1 of laws shall be supreme over state and local laws. Any state law 2 changed by this section to a Regional law shall have any mention of the 3 Court of Appeals changed to that Region's Superior Court. No person can 4 be imprisoned for any number of civil offenses for more than six months 5 in any calendar year. New York City Civil Court, New York City Criminal 6 Court law will become New York Regional law. Each Regional Legislature 7 may amend, repeal, or create new laws, but any changes will only apply 8 to that Region. No offense greater than a misdemeanor with a maximum 9 penalty less than or equal to one year in jail may be enacted by local 10 governments. Felonies with a maximum penalty greater than one year in 11 jail can only be enacted under Regional law. Misdemeanors may also be 12 enacted under Regional law. Asset forfeiture shall be allowed only if 13 the person(s) who own the asset is/are convicted of a felony and the 14 asset was used in the crime and/or was obtained as result of the crime. 15 The election law requirements for getting on the ballot, for Regional 16 Assemblyperson shall be the same or less strict than they were for a 17 state Assemblyperson; for Regional Senator shall be the same or less 18 strict than they were for state Senator. Any other laws that are not 19 listed in this paragraph or in section 3 of this article shall expire on 20 July 1st, five years after the regional governors take office for the 21 first time unless reenacted as a Regional Law. All local laws, rules, 22 ordinances and regulations must be filed with the appropriate regional 23 secretary of state before they can take effect or be enforced. In the 24 New Amsterdam region; except for local land use zoning laws all such 25 local laws, rules, ordinances and/or regulations shall expire ten years 26 after they are filed. Those that were pre-existing to this article will 27 expire on January 1st, three years after the regional governors take 28 office for the first time, unless reenacted and refiled. 29 (i) All Regional Senators and Regional Assemblypersons shall receive 30 the same salary set by their Regional law. They shall not receive any 31 additional compensation from the Region other than reimbursement for 32 traveling and lodging expenses if they live more than 20 miles from the 33 Regional capital. However, the Regional Speakers and the Regional senate 34 temporary senate presidents shall receive the same salary as their 35 Regional lieutenant governor. After the salary is set, no law varying 36 the compensation of Regional Senators or Regional Assemblypersons shall 37 take effect until an election of Regional Assemblypersons shall have 38 intervened. Each Regional Assemblyperson shall be provided a district 39 office of approximately the same square footage in their district and an 40 office at the Regional capital. The same amount shall be given to each 41 Assemblyperson to pay for staff. Such amount shall be set by Regional 42 law. Each Regional Senator shall be provided two district offices total- 43 ing approximately the same square footage, in their district and an 44 office at the Regional capital. The same amount shall be given to each 45 Regional Senator to pay for staff. Such amount shall be set by Regional 46 law. 47 (j) The Regional Legislature may impeach for crimes and remove from 48 office a Regional governor, Regional lieutenant governor, Regional 49 Secretary of State, local elected officials or appointed Regional offi- 50 cers in its Region by a two-thirds (2/3) vote of each Regional house. 51 The state or Regional governor or any other official may not remove from 52 office any elective sheriff, county clerk, district attorney or other 53 elective local official; they may only be removed mid-term by impeach- 54 ment or conviction of a felony. A regional governor may supersede a 55 district attorney in their region for specific case(s) by appointing a 56 special prosecutor in a manner defined by regional law. The region mayS. 3484 5 1 by regional law reassign types of cases where there might exist a 2 conflict of interest with their regional attorney general. 3 (k) A majority of each Regional house shall constitute a quorum to do 4 business. Each Regional house shall determine the rules of its own 5 proceedings and is the judge of the elections, returns and qualifica- 6 tions of its own members; shall choose its own officers; and each 7 Regional senate shall choose a temporary president and each Regional 8 assembly shall choose a speaker. No person shall serve as both a State 9 and Regional temporary senate president, nor anyone serve as both a 10 state and Regional speaker. Each Regional house of each Regional legis- 11 lature shall keep a journal of its proceedings, and publish the same on 12 the internet, except such parts as two-thirds (2/3) of its members agree 13 require secrecy. At request of one fifth (1/5) of its members, the ayes 14 and nays shall be entered on the journal. The doors of each Regional 15 house shall be kept open, except when the public welfare shall require 16 secrecy. Neither house in a Regional legislature shall, without the 17 consent of the other, adjourn for more than two days. Any bill may orig- 18 inate in either house of the Regional legislature, and all bills passed 19 by one house may be amended by the other. No bill shall be passed or 20 become a law unless it shall have been printed and placed on the inter- 21 net, in its final form, at least seven calendar days prior to its final 22 passage, unless the appropriate regional governor, or the appropriate 23 acting regional governor, shall have certified, under their hand and the 24 seal of the state or Region, the facts which in their opinion necessi- 25 tate an immediate vote thereon, in which case the law must expire ten 26 calendar days after passage, unless it is re-passed a second time after 27 it has been on the internet for seven days; nor shall any bill be passed 28 or become a law, except by the assent of a majority of the members 29 elected to each branch of a Regional legislature; and upon the last 30 reading of a bill, no amendment thereof shall be allowed, and the ques- 31 tion upon its final passage shall be taken immediately thereafter, and 32 the ayes and nays entered on the journal. Pre-existing tax or revenue 33 laws shall expire on July 1st, five years after this article takes 34 effect. Every law or bill which imposes, continues or revives a tax or 35 raises revenue shall require at least three fifths (3/5) vote of both 36 Regional houses to pass, the ayes and nays entered on the journals, and 37 must distinctly state the tax and the object to which it is to be 38 applied. It shall not be sufficient to refer to any other law to fix 39 such tax or object; all such laws must expire on July 1st, five years 40 after being passed. Any law or bill that will mandate that any county, 41 district, or other municipality must spend its own funds to comply with 42 such law shall require at least three fifths (3/5) vote of both Regional 43 houses to pass, the ayes and nays entered on the journals, all such laws 44 must expire on July 1st, ten years after being passed. Any policy, rule 45 or regulation that will mandate that any county, district, or other 46 municipality must spend its own funds to comply with it must be ratified 47 by at least three fifths (3/5) vote of both Regional houses, the ayes 48 and nays entered on the journal, before it takes effect and must expire 49 on July 1st ten years after being ratified. Pre-existing mandates that 50 require a county or other municipality to spend its own funds to comply 51 with shall expire on July 1st one year and 7 months after the regional 52 governors take office for the first time. Medical costs for the needy 53 shall not be delegated by the State or by a Region to counties or other 54 municipalities, and shall be paid by the Region up to limits set by 55 Regional law. A Region may by Regional law contract debts in antic- 56 ipation of the receipt of taxes and revenues, direct or indirect, forS. 3484 6 1 the purposes and within the amounts of appropriations theretofore made. 2 Notes or other obligations for the moneys so borrowed shall be issued as 3 may be provided by law, and shall with the interest thereon be paid from 4 such taxes and revenues within one year from the date of issue. Except 5 for anticipation debt listed above no Regional debt shall be hereafter 6 contracted by or on behalf of the Region, unless such debt shall be 7 authorized by law, for some single work or purpose, to be distinctly 8 specified therein. No such debt law shall take effect until it shall, at 9 a November general election, have been submitted to the people of that 10 Region, and have received a majority of all the votes cast for and 11 against it at such election. Any such Regional debt voted on must be 12 paid off within twenty years. The Regional legislature shall provide 13 for the maintenance and support of a system of free common schools, 14 wherein all the children of its Region may be educated. 15 § 3. (a) The office of State Senator is abolished; Regional Senators 16 shall replace state senators. When meeting as the State Senate each 17 Regional Senator's vote shall be weighed by the population of their 18 Regional Senate District. 19 (b) The office of State Assemblyperson is abolished; Regional Assem- 20 blypersons shall replace state Assemblypeople. When meeting as the 21 State Assembly each Regional Assemblyperson's vote shall be weighed by 22 the population of their Regional Assembly District. 23 (c) The State Legislature shall hold its regular session in the months 24 of April and May of each year and adjourn its regular session no later 25 than May 31st. Members of the State Legislature shall not receive more 26 than fifty dollars a day in compensation from the state for each day 27 they attend during the regular session and no compensation from the 28 state during Extraordinary sessions. The State Legislative member may 29 receive reimbursement when receipts are provided for traveling and lodg- 30 ing expenses if they live more than 30 miles from a state meeting's 31 location. No additional compensation shall be provided by the state for 32 service in the State Legislature. 33 (d) The fiscal year of the state will be from May 1st to April 30th of 34 the following year. 35 (e) State Legislature's power to enact laws shall be limited only to 36 the following types of laws: Election (for state wide offices/issues and 37 United States offices only), Executive (for the state only), Indian, 38 Judiciary (Court of Appeals, Court of Claims, Judicial Conduct only), 39 Legislative (for the state only), Military (National Guard and Naval 40 only), Retirement and Social Security, State Administrative Procedure 41 Act (for the state only), State Finance (for the state only), Tax, but 42 limited to sales taxes only, Court of Claims, Civil Service (state 43 employees only), relations with the federal government, relations with 44 other states or Canada for connecting roads, bridges and other reasons, 45 and connecting roads and bridges between Regions. No criminal penalties 46 greater than a misdemeanor with a maximum one year in jail may be 47 enacted by the state or local governments. Felonies can only be enacted 48 under Regional law; National Guard felonies will be prosecuted under 49 Regional military law. Any other types of laws not listed in this 50 section shall become Regional laws for each Region and be deleted from 51 State code on July 1st following the date the Regional governors take 52 office for the first time. 53 (f) Taxes and revenue for the state shall be limited only to a sales 54 tax which may not exceed a maximum of four (4) percent. After January 55 1st, ten years after the regional governors take office for the first 56 time it may not exceed a maximum of three (3) percent. The sales taxS. 3484 7 1 for the state and local governments shall be defined as a tax on sales, 2 on the receipts from sales and/or receipts from hotel/motel room 3 rentals, leases or rentals of moveable goods, and/or any taxable 4 services; including a use tax on items over one thousand dollars in 5 value that are used within the state by a permanent resident but which 6 were bought elsewhere, and which are thus not originally subject to the 7 sales tax. The sales taxes shall never be applied to medicines, food 8 unless served in a restaurant, fuel, real property, sale of buildings, 9 and/or nonalcoholic beverages. The state shall give 25 percent of its 10 sales tax revenue to the regions divided in proportion to each region's 11 population, until January 1st, ten years after the regional governors 12 take office for the first time, which shall be paid on the 15th of every 13 month for previous month's revenue. The maximum combined state and local 14 sales taxes may not exceed 8 percent. After January 1st, ten years after 15 the regional governors take office for the first time, the maximum 16 combined sales tax may not exceed 7 percent. 17 (g) The state may no longer contract any debt other than in antic- 18 ipation of the receipt of taxes and revenues which must be paid back 19 within one year. 20 § 4. Regional Executive. (a) The executive power in each Region shall 21 be vested in the Regional governor, who shall hold office for four years 22 starting at noon on December 1st after their election. The Regional 23 lieutenant governor shall be chosen at the same time, and for the same 24 term. The Regional governors, Regional lieutenant governors, and 25 Regional secretary of states shall be elected by the people of their 26 respective Regions. They must be a United States citizen and have been a 27 resident of their respective Region for at least five years or a resi- 28 dent of their respective Region at time of its creation. Each Regional 29 governor shall have power to convene their Region's legislature, or 30 their Region's senate only, on extraordinary occasions; for a special 31 session which may last no longer than two weeks. No such special session 32 may be called within six weeks of the end of another special session. In 33 case of the removal of the Regional governor from office or of their 34 death or resignation, the Regional lieutenant-governor for that Region 35 shall become Regional governor for the remainder of the term. In case 36 the Regional governor is otherwise unable to discharge the powers and 37 duties of their office the Regional lieutenant-governor for that Region 38 shall act as Regional governor until the inability shall cease or until 39 the term of the Regional governor shall expire. If both the Regional 40 governor and Regional lieutenant governor offices for a Region are 41 vacant or otherwise unable to discharge the powers and duties of their 42 offices, that Region's Regional Secretary of State shall become gover- 43 nor, automatically resigning as a Regional Secretary of State upon 44 taking the oath as Regional governor. If all three offices are vacant 45 that Region's temporary senate president will become governor automat- 46 ically resigning as a senator and temporary senate president upon taking 47 the oath as Regional governor. Each Region shall by Regional law deter- 48 mine how and who shall become acting Regional governor if the Regional 49 governor, Regional lieutenant governor, Regional Secretary of State and 50 temporary senate president offices all are vacant or all are otherwise 51 unable to discharge the powers and duties of their offices. The Regional 52 lieutenant-governor shall be the president of the Regional senate for 53 their Region but shall have only a vote if they be equally divided. The 54 election law petition requirements for getting on the ballot for 55 Regional governor, Regional lieutenant governor or Regional Secretary of 56 State shall be the same or less strict than are for State Comptroller.S. 3484 8 1 Any party conventions shall be held by Region for these Regional 2 offices. The salaries of Regional governor, Regional lieutenant governor 3 and Regional Secretary of State shall be by Regional law. After the 4 salary is set no law varying their compensation shall take effect until 5 an election of Regional governor shall have intervened. 6 (b) Every bill which shall have passed the Regional senate and assem- 7 bly shall, before it becomes a law, be presented to the Regional gover- 8 nor for that Region. If the appropriate regional governor approve, they 9 shall sign it; but if not, they shall return it with their objections to 10 the Regional house in which it shall have originated, which shall enter 11 the objections at large on the journal, and proceed to reconsider it. In 12 either case they shall place a copy of their actions on the internet. If 13 after such reconsideration, two-thirds of the members voting in that 14 Regional house shall agree to pass the bill, it shall be sent together 15 with the objections, to the other Regional house, by which it shall 16 likewise be reconsidered; and if approved by two-thirds of the members 17 voting in that house, it shall become a regional law notwithstanding the 18 objections of the appropriate regional governor. In all such cases the 19 votes in both Regional houses shall be determined by yeas and nays, and 20 the names of the members voting shall be entered on the journal of each 21 Regional house respectively. If any bill shall not be returned by the 22 appropriate regional governor within ten days (Sundays excepted) after 23 it shall have been presented to them, the same shall be a law in like 24 manner as if they had signed it, unless the legislature shall, by their 25 adjournment, prevent its return, in which case it shall not become a law 26 without the approval of the appropriate regional governor. No bill shall 27 become a law after the final adjournment of the Regional legislature, 28 unless approved by the governor within thirty days after such adjourn- 29 ment. If any bill presented to the appropriate regional governor 30 contains several items of appropriation of money, the appropriate 31 regional governor may object to one or more of such items while approv- 32 ing of the other portion of the bill. If a single item of appropriation 33 shall exceed $250,000 the appropriate regional governor may reduce the 34 amount appropriated with their objections. In such cases the appropriate 35 regional governor shall append to the bill, at the time of signing it, a 36 statement of the items to which they object; and the appropriation so 37 objected to shall not take effect. If the Regional legislature be in 38 session, they shall transmit to the Regional house in which the bill 39 originated a copy of such statement, and the items objected to shall be 40 separately reconsidered. If on reconsideration one or more of such items 41 be approved by two-thirds of the members voting in each appropriate 42 Regional house, the same shall be part of the law, notwithstanding the 43 objections of the appropriate Regional governor. All the provisions of 44 this paragraph, in relation to bills not approved by the appropriate 45 Regional governor, shall apply in cases in which they shall withhold 46 approval from any item or items contained in a bill appropriating money. 47 (c) Each Regional governor shall nominate, and by and with the Advice 48 and Consent of the Regional Senate for their Region, shall appoint 49 Regional Commissioners, other public Ministers and Consuls, Authorities, 50 and other government controlled Public Corporations board members, 51 Regional Education Commissioner, Justices of the Appellate divisions in 52 their Region from elected Supreme Court Justices in their Region for the 53 remainder of their elected term, and all other Regional Officers, whose 54 Appointments are not herein otherwise provided for, and which shall be 55 established by law. Those appointed by Regional governor without a fixed 56 term may be removed by the appropriate regional governor; but theS. 3484 9 1 Regional legislature may by Regional law vest the Appointment of such 2 inferior Officers, as they think proper, in their Regional governor 3 alone, in the Courts of Law, or in the Heads of Departments. The appro- 4 priate regional governor shall be empowered to seek a warrant in a 5 Regional supreme court to hand over a criminal fugitive from another 6 state or Region to the agents of the Governor of the State of New York 7 to allow for the fugitive's return to the location the fugitive commit- 8 ted the alleged crime. This power can be regulated by Regional law. Each 9 regional governor shall be empowered to pardon for civil and criminal 10 offenses of state, regional law or local law that occurred within their 11 region. 12 (d) Annually, on or before the first Monday of January each Regional 13 governor shall place on the internet and submit to their Regional legis- 14 lature a budget containing a complete plan of expenditures proposed to 15 be made before the close of the ensuing fiscal year and all moneys and 16 revenues estimated to be available therefor, together with an explana- 17 tion of the basis of such estimates and recommendations as to proposed 18 Regional legislation, if any, which the appropriate regional governor 19 may deem necessary to provide moneys and revenues sufficient to meet 20 such proposed expenditures. It shall also contain such other recommenda- 21 tions and information as the appropriate regional governor may deem 22 proper and such additional information as may be required by law. At the 23 time of submitting the budget to their Regional legislature the appro- 24 priate regional governor shall submit a bill or bills containing all the 25 proposed appropriations and re-appropriations included in the budget and 26 the proposed Regional legislation, if any, recommended therein. No money 27 shall ever be paid out of a Regional treasury or any of its funds, or 28 any of the funds under its management, except in pursuance of an appro- 29 priation by law; nor unless such payment be made within two years next 30 after the passage of such appropriation act; and every such law making a 31 new appropriation or continuing or reviving an appropriation, shall 32 distinctly specify the sum appropriated, and the object or purpose to 33 which it is to be applied; and it shall not be sufficient for such law 34 to refer to any other law to fix such sum. 35 (e) The Regional Secretary of State for each region shall be elected 36 at the same general election as the regional governor and hold office 37 for the same term. The Regional Secretary of State shall run their 38 region's Department of State and shall appoint with the Advice and 39 Consent of appropriate regional Senate for their region the regional 40 Commissioner of Motor Vehicles and the regional Attorney-General, and 41 may remove them. Should the office of Regional Secretary of State be 42 vacant or they become regional governor or acting regional governor, the 43 appropriate regional Senate will elect a Regional Secretary of State to 44 serve the remainder of the term. 45 (f) The Regional Board of Elections for each region shall regulate all 46 elections with the local boards of elections in its region. The State 47 Board of Elections shall coordinate and fund elections for state wide 48 offices/issues and United States offices with regional Boards of 49 Elections. Ballots for state wide offices/issues and United States 50 offices shall be a separate ballot sheet from regional offices/issues 51 and Local Offices/issues. In the New Amsterdam and Montauk regions each 52 County shall continue to fund a county Board of Elections. Starting on 53 July 1st, after the regional governors take office for the first time, 54 the New Amsterdam and Montauk Regional Board of Elections and the County 55 Boards of Elections shall conduct all regional, local, school district,S. 3484 10 1 village, fire district and other local district elections in a manner 2 set by New Amsterdam or Montauk regional law. 3 § 5. After the regional governors take office for the first time, the 4 governors' panel shall consist of the State Governor and the Regional 5 Governors. The governors' panel shall meet weekly to divide departments, 6 transfer employees, property, assets as defined in this article by 7 majority vote, and debts as defined in this article. After August 1st of 8 the year the regional governors take office for the first time, the 9 governors' panel shall continue to meet at least once a calendar year. 10 The Court of Appeals shall have original jurisdiction if a Regional 11 governor appeals a decision of this governors' panel or to break a tie 12 vote of this governors' panel. When a department, office or agency is 13 divided, its employees will become employees of the Region they primari- 14 ly work in, or whose issues they primarily work on. If a department, 15 office or agency only works on the issues of a single Region its employ- 16 ees shall all become employees of that Region. Equipment, media and 17 vehicles shall be divided equitably. Each member of a state board, or 18 Commission which is divided shall remain on the boards, Regional author- 19 ity boards, or Regional Commissions for the remainder of their term only 20 for the Region where they are registered to vote (if they are not regis- 21 tered to vote in New York State their seat shall be vacant in all 22 Regions). Any vacant seats will be filled according to Regional law. Any 23 Department/ operations and agency/office whose employees' pay and bene- 24 fits are fully funded by the federal government may be left under state 25 by this governors' panel and continue to perform their duties while 26 under the state governor's chain of command. The governors' panel shall 27 continue to review whether any changes in federal funding have occurred 28 that would require it to be divided at a later date. Unless otherwise 29 stated in this article such divisions shall be completed by April 1st 30 after the Regional governors take office for the first time. 31 (a) The Office of State Attorney-General is abolished and all its 32 powers and duties given to the Regional Attorney-Generals. Department of 33 Law and Office of State Attorney-General employees and duties shall be 34 divided between the Regional Attorney-Generals' Departments of Law. For 35 the purposes of this constitution, the term "attorney-general" shall 36 mean "appropriate regional attorney-general" wherever it appears. 37 (b) The State Comptroller shall have the power to audit each Region 38 and charge the Regions the reasonable costs related to performing the 39 audits. The State Comptroller's other powers and duties of their office 40 shall not be affected by the provisions of this article. 41 (c) The Board of Regents is abolished and all its powers and duties 42 transferred to the Regional Education Departments. Department of educa- 43 tion employees shall be divided between the Regional Education Depart- 44 ments. 45 (d) The Office of General Services, Department of Civil Service, and 46 State Board of Elections employees shall be divided into four sections, 47 some remaining under the state and the rest being transferred to each 48 Region. Department of Tax and Finance employees shall also be divided 49 into four sections; provided that those employees whose duties involve 50 sales taxes shall remain under the Governor and the rest shall be 51 divided between the Regional Departments of Tax and Finance. 52 (e) The Division of State Police is abolished and its employees shall 53 be divided between the Capital Police under the State (which shall not 54 have more than 50 officers), the New Amsterdam Regional Police Division, 55 Montauk Regional Police Division, and New York Regional Police Division.S. 3484 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 the 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 the first time the regional governors take office. Each of the 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 campuses, 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 the 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 campuses, locations, and employees in the 54 Montauk Region shall be part of the University of Montauk and its 55 board(s) appointed by the Montauk Regional Governor with advice and 56 consent of the Montauk Regional Senate. The New York and New AmsterdamS. 3484 12 1 Regions shall pay at least $8,000 every six months for each Regional 2 resident enrolled full time in a Bachelor's degree program at the 3 University of Montauk, for a maximum of eight payments, unless they 4 shall by New York or New Amsterdam Regional law set a higher amount. All 5 campus, locations, and employees in the New York Region including the 6 City University of New York shall be part of the University of New York 7 and its board(s) appointed by the New York Regional Governor with advice 8 and consent of the New York Regional Senate. The New Amsterdam and 9 Montauk Regions shall pay at least $8,000 every six months for each 10 Regional resident enrolled full time in a Bachelor's degree program at 11 the 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 1st 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 they earn the income in shall give them 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 to 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. Incarcerated individuals in correctional facilities shall be 41 divided so that those who committed their crimes in the New York Region 42 shall serve their time in correctional facilities owned, rented, or 43 leased by the New York Region; while those who committed their crimes in 44 the New Amsterdam Region shall serve their time in correctional facili- 45 ties owned, rented, or leased by the New Amsterdam Region and while 46 those who committed their crimes in the Montauk Region shall serve their 47 time in correctional facilities owned, rented, or leased by the Montauk 48 Region. Incarcerated individuals shall be transferred to appropriate 49 correctional facilities by February 1st, two years after the regional 50 governors take office for the first time. After that date a region hold- 51 ing incarcerated individuals that should be transferred may charge the 52 appropriate region for costs of holding the incarcerated individuals in 53 their correctional facility. Patients or residents in Mental Hospitals, 54 Developmental Centers or Group Homes who are currently paid for by the 55 state and whose original home address is in a different region than suchS. 3484 13 1 Mental Hospital, Developmental Center or Group Home is located shall 2 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 Regional 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 the Montauk Region; to serve the remainder of their 50 term of office as Chief Justice or associate justice on the Montauk 51 Regional Superior Court. There shall be a Chief Justice and four associ- 52 ate justices on the Montauk Regional Superior Court. The Montauk 53 Regional Superior Court shall hear appeals, in a manner defined by 54 Montauk Regional law, from Fifth and Sixth judicial department on 55 Regional laws and shall have the final determination in interpreting 56 Montauk Regional laws or local laws and whether such laws are constitu-S. 3484 14 1 tional. Salaries and expenses of all courts in the Fifth judicial 2 departments shall be set and paid in a manner defined by Montauk 3 Regional law. When a vacancy occurs in the Montauk Regional Superior 4 Court or a Montauk Regional supreme court and the Regional senate is not 5 in session the Montauk Regional governor shall call it back in a special 6 session to fill the 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 ofS. 3484 15 1 the courts shall have such powers and duties as may be delegated to them 2 by that Region's Chief Justice and such additional powers and duties as 3 may be provided by Regional law. The Chief Justice, after consultation 4 with that Region's administrative board, shall establish standards and 5 administrative policies for general application throughout that Region, 6 which shall be submitted by the Chief Justice of that Region's superior 7 court, together with the recommendations, if any, of that Region's 8 administrative board. Such standards and administrative policies shall 9 be promulgated after approval by that Region's superior court. When a 10 judge is appointed to a Regional Superior Court an additional new judge 11 position shall be temporarily created in the trial court for the length 12 of the appointment and filled by election to take over the vacancy 13 produced by the appointment to the Regional Superior Court. Each region 14 shall fund its own courts. After January 1st, two years after the 15 regional governors take office for the first time the number of judges 16 on each Appellate Division shall be set by the applicable region's law. 17 (h) A Fourteenth Judicial District shall be created consisting of 18 Dutchess, Orange, and Putnam counties. This 14th Judicial District shall 19 be part of the Third Judicial Department. A fifteenth Judicial District 20 shall be created consisting of Nassau County. A fifth Judicial Depart- 21 ment shall be created consisting of the remaining parts of the tenth 22 Judicial District 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 orS. 3484 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 they receive compensation during their period of service, 55 except that the governor and the chief judge may each appoint no more 56 than one former judge or justice of the state or regional court systemS. 3484 17 1 to such commission. No member of the commission shall hold any office in 2 any political party. No member of the judicial nominating commission 3 shall be eligible for appointment to judicial office in any court of the 4 state during the member's period of service or within one year thereaft- 5 er. 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 their 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 their region. The appro- 28 priate regional governor shall transmit to their 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 Court of Appeals judge whenever a vacancy occurs in a 37 court of appeals in seat in first class assigned to the state governor; 38 provided, however, that no person may be appointed a judge of the court 39 of appeals by the state governor unless such person is a resident of the 40 state and has been admitted to the practice of law in this state or a 41 region within this state for at least ten years. The governor shall 42 transmit to the senate the written report of the commission on judicial 43 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 ifS. 3484 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 the ninth 15 Judicial 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 their term of office shall be a resident of the department. The 34 justices of each appellate division shall elect the presiding justice of 35 their appellate division, for a two year term. Until an election is held 36 the appropriate regional governor shall designate an acting presiding 37 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 sectionS. 3484 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 their duties, habitual intemperance, and conduct, 21 on or off the bench, prejudicial to the administration of justice, or 22 that a judge or justice be retired for mental or physical disability 23 preventing the proper performance of their judicial duties. The commis- 24 sion shall transmit such determination to the chief judge of the court 25 of appeals who shall cause written notice of such determination to be 26 given to the judge or justice involved. Such judge or justice may either 27 accept the commission's determination or make written request to the 28 chief judge of the court of appeals if part of state unified court 29 system or chief justice of the appropriate Regional Superior Court if 30 part of regional unified court system, within thirty days after receipt 31 of such notice, for a review of such determination by the court of 32 appeals or the appropriate Regional Superior Court. Any complaint about 33 a justice who is a member of a regional Superior Court shall be referred 34 to the members of the applicable regional senate committee(s) for inves- 35 tigation and appropriate action. Any complaint about a judge who is a 36 member of the Court of Appeals shall be referred to all members of the 37 applicable state senate committee(s) for investigation and appropriate 38 action, as this commission on judicial conduct shall have no jurisdic- 39 tion over them. The commission on judicial conduct members shall be 40 replaced and shall be chosen as follows: four shall be appointed by each 41 regional governor, one by each regional temporary president of the 42 regional senates, one by the minority leader of each of the regional 43 senates, one by each speaker of the regional assemblies, one by the 44 minority leader of each of the regional assemblies and three by the 45 chief judge of the court of appeals. Of the members appointed by the 46 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 termS. 3484 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 their 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 isS. 3484 21 1 found to be unconstitutional by a court of competent jurisdiction the 2 remainder shall remain in effect. 3 § 2. Resolved (if the Assembly concur), That article 9 of the consti- 4 tution 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 Assembly concur), That article 8 of the consti- 33 tution 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 hoursS. 3484 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 Assembly concur), That section 2 of article 19 14 of 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] their services the same compensation as shall then be 32 annually payable to the members of the assembly and be reimbursed for 33 actual traveling expenses, while the convention is in session, to the 34 extent that a member of the assembly would then be entitled thereto in 35 the case of a session of the legislature. A majority of the convention 36 shall constitute a quorum for the transaction of business, and no amend- 37 ment to the constitution shall be submitted for approval to the electors 38 as 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, inS. 3484 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 Assembly concur), That article 11 of the consti- 5 tution 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 Assembly concur), That article 19 of the consti- 14 tution 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 Assembly 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 them: (i) super- 39 vision of the accounts of any political subdivision of their region; and 40 (ii) powers and duties pertaining to or connected with the assessment 41 and taxation of real estate, including determination of ratios which the 42 assessed valuation of taxable real property bears to the full valuation 43 thereof, but not including any of those powers and duties reserved to 44 officers of a county, city, town or village by virtue of sections seven 45 and eight of article nine of this constitution. The appropriate regional 46 legislature shall assign to them no administrative duties, excepting 47 such as may be incidental to the performance of these functions, any 48 other provision of this constitution to the contrary notwithstanding. 49 The office of comptroller shall also calculate annually the median annu- 50 al income of individuals in the state. 51 § 8. Resolved (if the Assembly concur), That section 6 of article 3 of 52 the constitution be REPEALED. 53 § 9. Resolved (if the Assembly concur), That the foregoing amendment 54 be referred to the first regular legislative session convening after the 55 next succeeding general election of members of the assembly, and, inS. 3484 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.
