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Article III, § 18

Granting to any person, association, firm or corporation, an exemption from taxation on real or personal property.

Providing for building bridges, and chartering companies for such purposes, except on the Hudson river below Waterford, and on the East river, or over the waters forming a part of the boundaries of the state.

The legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owners cannot be obtained, the appellate division of the supreme court, in the department in which it is proposed to be constructed, may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.

1899. A. No. 2124 (Int. 1425). To Sec. of State.

1901.

A. J. 1812, 2031, 2162, 2300, 2601, 2642, 2644, 3494.

S. J. 1369, 1581, 1769.

A. No. 1488 (Int. 843). To Sec. of State.

A. J. 619, 1152, 1270, 1294, 1444, 1527, 1576, 1658, 1660, 4031.
S. J. 847, 1830, 1958, 1959.

Adopted Nov. 5, 1901.

Vote: for, 354,881; against, 309,245.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Classification of villages, towns and counties—general and special village, town and county laws acceptance by village, town or county

§ 18. (Proposal to add the following:) The legislature may divide the villages, the towns or the counties of the state into not more than three classes. Laws relating to the property, affairs or government of villages, *town or counties are divided into general and special village, town and county laws; general laws are those relating to all villages, towns or counties of one or more classes;

*So in original.

Article III, § 18

special laws are those relating to a single village, town or county or to less than all the villages, towns or counties of a class. Special village, town or county laws shall not be enacted except in conformity with the provisions of this section. Every bill for a special village, town or county law, ten days after its passage by the legislature, unless vetoed by the governor, shall be transmitted by the secretary of state to the clerks of the villages, towns or counties to which it relates. The village board of trustees, the town board or the county boards of supervisors shall act for the village, town or county as to such bill. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in the villages, towns or counties or parts thereof to which it relates before action thereon. Whenever any such bill has been passed it shall be returned to the legislature within fifteen days of the sending of the notice of its passage to the clerks of the villages, towns or counties to which it relates with or without the acceptance of the village board of trustees, the town board or the county board of supervisors. Whenever during the session at which it was passed, any such bill shall be returned without the acceptance of the villages, towns or counties or parts thereof to which it relates or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature and it shall then be subject as are other bills to the action of the governor. In every special law which has been accepted by the villages, towns or counties to which it relates, the title shall be followed by the words "accepted by the village' accepted by the town"" accepted by the county" as the case may be; in every such law which is passed without such acceptance by the words " passed without the acceptance of the village passed without the acceptance of the town" or "passed without the acceptance of the county" as the case may be.

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§ 18. (Proposal to add the following:) The legislature may divide the counties of the state into not more than two classes. Laws relating to the property, affairs or government of villages, towns or counties are divided into general and special village, town and county laws; general laws are those relating to all towns or all villages of the state or to all counties of one or more classes; special laws are those relating to a single village, town or county

Article III, § 19

or to less than all the villages or towns of the state or to less than all the counties of a class. Special village, town or county laws shall not be enacted except in conformity with the provisions of this section.

No bill for a special village, town or county law shall be introduced except on petition, in each of the villages, towns and counties to which it relates, of the village board of trustees, the town board or the county board of supervisors or upon a petition signed by two per centum of the legal voters of the county in case of a county bill or by ten per centum of the legal voters of the town or village in case of a town or village bill. Every bill for a special village, town or county law, ten days after its passage by the legislature, unless vetoed by the governor, shall be transmitted by the secretary of state to the clerks of the villages, towns or counties to which it relates. The question of the acceptance of the bill by each such village, town or county shall be submitted to the electors at the next regular village, town or county election or may be submitted at an election called for the purpose by a village board of trustees, a town board or a county board of supervisors. The result of such election shall be certified to the secretary of state by the officers authorized to determine the same. On the certificate of the secretary of state that the bill has received a majority vote in all the villages, towns or counties voting on it, it shall become a law.

1903. A. No. 1703 (Int. 1267).

A. J. 1525.

§ 19. The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law.

AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Providing for private claims by general laws

§ 19. The legislature shall [neither] not audit [nor] or allow any private claim or account against the state, or provide therefor except by general laws, but may appropriate money to pay such claims as shall have been audited and allowed according to law.

1900. S. No. 473 (Int. 427).

S. J. 248.

Article III, § 21

§ 21. No money shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum.

AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Repayment of surplus state money to counties

8 21. Except as provided in this section, no [No] money shall ever be paid out of the treasury of this state, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum. All money in the state treasury at the end of a fiscal year in excess of the amount needed for the current expenses of such year, shall be repaid to the several counties in the proportion of the valuations of the real and personal property therein. Such money shall be repaid in such manner and by such officers as the legislature shall direct, without a specific appropriation therefor; and shall be applicable to such county purposes as shall be provided by law.

1902. A. No. 1007 (Int. 832).

A. J. 664.

§ 22. No provision or enactment shall be embraced in the annual appropriation or supply bill, unless it relates specifically to some particular appropriation in the bill; and any such provision or enactment shall be limited in its operation to such appropriation.

AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Biennial sessions of legislature — salaries and terms of legislators — appropriations - apportionment

(For proposed amendment to this and other sections providing for biennial sessions of the legislature, changing the salaries and terms of the legislators and regulating the making of appropriations and apportionment of legislators, see p. 311.)

Article III, § 26

§ 23. Sections seventeen and eighteen of this article shall not apply to any bill, or the amendments to any bill, which shall be reported to the Legislature by commissioners who have been appointed pursuant to law to revise the statutes.

AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Bills reported by statutory revision commissioner statement of re

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23. (Proposal to add the following:) but whenever such commissioners shall report any bill or the amendments to any bill to which such sections shall apply, they shall also, in a separate report, distinctly specify the section and the particular clause of such section, which is to be abrogated by the passage of such bill or such amendments to any bill, and the assent of twothirds of the members elected to each branch of the Legislature shall be requisite to every bill as reported to the Legislature by such commissioners.

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§ 26. There shall be in the several counties, except in cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be provided by law. In any such city the duties and powers of a board of supervisors may be devolved upon the common council or board of aldermen thereof.

AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED

§ 26. There shall be in [the several counties] each county, except in [cities whose boundaries are the same as those of the county] a county wholly included in a city, a board of supervisors, to be composed of such members and elected in such manner and for such period as is or may be provided by law. In [any such] a city which includes an entire county, or two or more entire counties, the [duties and powers] powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, [or] board of aldermen [thereof.] or other legislative body of the city.

* The proposed amendment to Art. III, § 23, referred to on A. J. 115 was apparently never printed.

PART II-4

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