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.
LBD89079-01-5
S. 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 types
S. 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 may
S. 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, for
S. 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 tax
S. 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 the
S. 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 Amsterdam
S. 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 such
S. 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 of
S. 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 or
S. 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 system
S. 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 if
S. 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 section
S. 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 term
S. 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 is
S. 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 hours
S. 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 of
22 the 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 election
27 shall 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, in
S. 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, in
S. 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.