HomeMy WebLinkAbout1983 Proposed Amendments to State Constitution Notice of Submission of Ballot Proposal Number One, a Proposition, and
Ballot Proposals Two through Eight, Proposed Amendments to the
State Constitution to be Voted on at the
General Election, November 8, 1983
Text of Proposal Number One,A Proposition (2)The state comptroller is hereby authorized and empow-
Chapter 836 Laws of 1983 ered to issue and sell bonds of the state to the amount of one
billion,two hundred fifty million dollars($1,250,000,000)for
AN ACT enacting the Rebuild New York Through Transportation Infra- the purpose of this act, subject to the provisions of article
structure Renewal Bond Act of 1983 providing for the authorization to
create a state debt in the amount of one billion two hundred fifty million five of the state finance law.
dollars for the purpose of ensuring a program to rebuild New York and (3) The moneys received by the state from the sale of
providing for the submission to the people of a proposition or question
thereforto be voted upon at the general election to be held in November bonds sold pursuant to this act shall be expended pursuant
nineteen hundred eighty-three;to amend the state finance law,in rela- to annual appropriations in the following amounts:
tion to the Rebuild New York Through Transportation Infrastructure Re-
newal Bond Act of 1983,and the transportation law,in relation to the a. For the construction, reconstruction; improvement,
expenditure of moneys under the Rebuild New York Through Trans- reconditioning and preservation of state highways and
portation Infrastructure Renewal Bond Act of 1983. bridges, state parkways and bridges, highways and bridges
not on the state highway system,including the improvement
The People of the State of New York, represented in and/or elimination of highway-railroad grade crossings,
Senate and Assembly, do enact as follows: and commuter rail parking facilities,and the acquisition of
real property and interests therein required or expected to be
Section 1.(1)The creation of a state debt to an amount not required in connection therewith, one billion five million
exceeding in the aggregate one billion, two hundred fifty dollars($1,005,000,000);and
million dollars is hereby authorized to provide moneys for
the single purpose of preserving, enhancing, restoring and b. For the construction, reconstruction, improvement,
improving the quality of the State's transportation infra- reconditioning and preservation of ports,marine terminals,
structure system by the construction, reconstruction, im- canals and waterways,and appurtenant facilities,including
provement, reconditioning and preservation of state high- the acquisition of real property and interests therein re-
ways, bridges, parkways, highways and bridges not on the quired or expected to be required in connection therewith,
state highway system, including the improvement and/or seventy-five million dollars($75,000,000);and
elimination of highway-railroad grade crossings on or off c. For the construction,reconstruction,improvement,re-
state highways,commuter rail parking facilities, ports, ma- conditioning and preservation of rail rapid transit,commu-
rine terminals,canals,waterways,rail freight,rail passenger, ter rail, omnibus systems and facilities,rail passenger facili-
rail rapid transit,commuter rail,omnibus systems and facili- ties, rail freight facilities, and airport and aviation capital
ties,airport and aviation capital facilities to achieve a more facilities, including the acquisition of real property and in-
secure and reliable transportation system. terest therein, and including the acquisition of any capital
The legislature may by appropriate legislation, and sub- equipment used in connection therewith,one hundred seventy
ject to such conditions as it may impose,make available out million dollars($170,000,000).
of the proceeds of the sale of bonds authorized in this sec- (4) The amounts hereinabove specified for each of the
tion, moneys for state programs or state grants to any city, three program categories may not be changed, except that,
county, town, village, public benefit corporation or other pursuant to a chapter of law making an appropriation as
public corporation, or two or more of the foregoing acting enacted by the legislature,the amount in any category may
jointly for the purpose of preserving, enhancing, restoring be increased or decreased by an amount not to exceed five
and improving the quality of the state's transportation in- percent of the amount of the total debt authorization, pro-
frastructure and to match federal funds which may from vided that any increase in one or more categories is simul-
time to time be made available by Congress for such taneously offset by appropriate decreases in one or more
purposes. categories.
EXPLANATION—Matter in italics is new;matter in brackets I]is old law to be omitted.
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(5) This section shall enact and constitute the "Rebuild or is of concrete;commuter parkingfacilities;and highway
New York Through Transportation Infrastructure Renewal and bridge projects undertaken by localities pursuant to
Bond Act of 1983"and may be cited as such. subdivision four of section ten-c of the highway law and
2. Westway pursuant to section one of a chapter of the laws of nineteen
§ y prohibition from bond proceeds. (a) No hundred eighty-three known as the Rebuild New York
proceeds of any bonds issued pursuant to the Rebuild New Through Transportation Infrastructure Renewal Bond Act
York Through Transportation Infrastructure Renewal of 1983.
Bond Act of 1983, or funds obtained from the federal gov-
ernment for which such proceeds provide the state or local §4.Subdivision twenty of section sixty-one of such law,as
match,shall be expended directly or indirectly for the West- amended by chapter three hundred sixty-nine of the laws of
way project. nineteen hundred seventy-nine, is amended to read as
follows:
(b) The commissioner of transportation shall annually
certify in writing that he fully expects and believes that any Transportation Capital Facilities,
funds for the Westway project will be received from the 20.Thirty years. For the acquisition,construction,recon-
federal government pursuant to 23 USC 104(b)(5)(A)and struction or improvement of any railroad capital facility,
the required state match for such funds;provided,however, rapid transit rolling stock,mass transportation capital facil-
that the expenditure for Westway of state or federal funds ity or airport or aviation capital facility, and any capital
not authorized pursuant to such section or the required state equipment used in connection therewith pursuant to chapter
match shall not exceed an aggregate annual amount of ten seven hundred fifteen of the laws of nineteen hundred sixty-
million dollars unless the legislature specifically authorizes a seven known as the transportation capital facilities bond act,
greater amount. The commissioner's annual certification or pursuant to section two of chapter one hundred eighteen
shall include, for every element of the Westway project of the laws of nineteen hundred seventy-four known as the
which will be funded in whole or in part from funds other rail preservation bond act of nineteen hundred seventy-four,
than those received from the federal government pursuant to or pursuant to section one of [a] chapter three hundred
23 USC 104(b) (5)(A)and the required state match, if the sixty-nine of the laws of nineteen hundred seventy-nine
known as the energy conservation through improved trans-
aggregate annual amount of such funds will. exceed ten
million dollars, a statement of the estimated dollar cost of portation bond act of nineteen hundred seventy-nine, or
each such element, and the federal programs, if any, under pursuant to section one of a chapter of the laws of nineteen
which the element will be funded. hundred eighty-three known as the Rebuild New York
Through Transportation Infrastructure Renewal Bond Act
(c) The certifications required under paragraph(b) shall of 1983 except a twenty
be submitted to the director of the budget,the chairman of iv P ( ) r years in the case of railroad years
in the senate finance committee, and the chairman of the as- case
es f other railroad rolling stock and (b) ten years a the
sembly ways and means committee. case y any omnibus or similar surface transit motor vehicle
or any aircraft.
§3.The subdivision heading and paragraph(b)of subdivi- §5. Section sixty-one of such law is amended by adding a
sion five of section sixty-one of the state finance law, the new subdivision twenty-five to read as follows:
subdivision heading as amended by chapter eleven hundred
thirty-two of the laws of nineteen hundred seventy-one,and Port, Marine Terminal, Canal and Waterways
paragraph(b)as amended by chapter three hundred sixty- Capital Facilities
nine of the laws of nineteen hundred seventy-nine, are 25. Fifteen years. For the construction, reconstruction,
amended to read as follows: improvement, reconditioning andpreservation ofport, ma-
rine terminal, canal and waterways capital facilities and
State Highways, Parkways, Arterial Highways, State appurtenances,pursuant to section one of a chapter of the
and Federally-Aided Highway and Highway laws ofnineteen hundred eighty-three,known as the Rebuild
Transportation Projects, Roads and Streets New York Through Transportation Infrastructure Renewal
(b)Ten years. Improvement,including but not limited to Bond Act of 1983.
reconditioning and preservation, of state highways, state §6. The transportation law is amended by adding a new
parkways,state arterial highways in cities,local streets and article seventeen to read as follows:
highways off the state highway system highways,other state,
state-aided and/or federally-aided highway and highway- Article 17
transportation projects and related facilities and structures; Implementation of the Rebuild New York
[and] construction, reconstruction or improvement of a through Transportation Infrastructure
road, street or trail, whether without or within state parks, Renewal Bond Act of 1983
whether or not including contemporaneous construction of Section 420. Expenditure of moneys.
sidewalks, curbs, gutters or drains, and whether or not in- 421. Definitions.
cluding grading,if the surface is laid on a solid foundation, 422. Powers and duties of the commissioner.
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
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423. Powers and duties of municipalities. such project approved by the state comptroller,and less any
424. Approval of projects. federal assistance received or to be received by the state for
425. Contracts for municipal transportation such project.
infrastructure renewal projects. 8. "New York state content program" Actions taken by
426. Maintenance of records. the commissioner in concert with the commissioner of com-
427. Equal employment opportunity program. merce, a municipality, or a contractor to encourage the
428. Minority and women-owned business participation of suppliers and contractors located within
enterprise program. New York state, to the extent permissible under applicable
§420. Expenditure of moneys. The moneys received by federal regulations.
the statefrom the sale of bonds and/or notes pursuant to the
Rebuild New York Through Transportation Infrastructure §422• Powers and duties of the commissioner. The com-
Renewal Bond Act of 1983 shall be expended pursuant to missioner is hereby authorized:
annual appropriations for transportation infrastructure 1. To provide for the accomplishment of any authorized
renewal projects as defined in this article. transportation infrastructure renewal project unless other-
§421. Definitions. As used in this article, the following wise provided for in law.
terms shall include and mean: 2. To provide for the accomplishment of any authorized
1. "Transportation infrastructure renewal project". The municipal transportation infrastructure renewalproject un-
construction,reconstruction,improvement,reconditioning, less otherwise provided for in law, within the limitations of
and preservation, including the acquisition of real property appropriations available therefor,pursuant to contract be-
and interests therein required or expected to be required in tween the commissioner and the municipality undertaking
connection therewith, of: such project.
a.state highways and bridges,state parkways and bridges, 3. To utilize federal moneys available or which may
highways and bridges not on the state highway system, become available to the state, or to a municipality in the
including the improvement andl or elimination of highway- form of federal assistance,for the purposes of effectuating
railroad grade crossings, and commuter rail parking the provisions of this article.
facilities; 4. To enter into contracts with any person,firm, corpora-
b.ports, marine terminals, canals and waterways;and tion or agency,private or governmental,for the purpose of
c. rail rapid transit, commuter rail, omnibus systems and effectuating the provisions of this article.
facilities, rail passenger facilities, rail freight facilities, and 5. To prescribe such rules and regulations as he may deem
airport and aviation capital facilities. appropriate to effectuate the provisions of this article, in-
cluding but not limited to rules and regulations governing the
2."Municipality".A city or a county not wholly contained form,content andsubmission ofapplications by municipali-
within a city, a town, village,public benefit corporation or ties for state financial assistance for municipal transporta-
other public corporation, or two or more of the foregoing tion infrastructure renewal projects.
acting jointly.
3. "Commissioner': The commissioner of transportation 6. To approve vouchersfor the payment of state financial
of the state is New York. assistance to persons,firms, corporations or agencies,pri-
vate and governmental, and municipalities pursuant to con-
4."Department". The department of transportation of the tracisfor the accomplishment of municipal transportation
state of New York. infrastructure renewal projects.
5. "Municipal transportation infrastructure renewal pro- 7. To establish or cause to be established by the depart-
ject".A transportation infrastructure renewalprojectunder- mentofcommercea New York state contentprogramwhich
taken by a municipality with fundsprovided in whole or in shallprovidefor notification to New York contractors,sub-
part by the Rebuild New York Through Transportation contractors andsuppliers ofopportunities to bidon contracts
Infrastructure Renewal Bond Act of 1983 pursuant to an for projects financed under this article, and to promulgate
agreement between such municipality and the commis- procedures which will assure the compliance of such notifi-
sioner. cation prior to awarding bids, and to require that contrac-
6. "Federal assistance". Funds available, other than by tors submit, as supplementary materials to their bids, docu-
loan,from the federal government to a municipality, either mented evidence of their efforts to encourage the participa-
directly or through allocation by the state,for any municipal tion of New York suppliers and subcontractors on
transportation infrastructure renewal project. transportation infrastructure renewalprojectsfinancedpur-
7."Municipalproject cost". The actualcost ofa municipal suant to this article.
transportation infrastructure renewal project or the esti- 8. To perform such other and additional acts as he deems
mated reasonable cost thereofas determined by the commis- necessary or desirable to effectively carry out the provisions
sioner, whichever is less,plus any direct incidental costs of of this article.
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
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§423. Powers and duties of municipalities.A municipality is period of time corresponding to the period of useful life for
hereby authorized to: such project as determined by reference to section sixty-one
1. Undertake and carry out any municipal transportation of the state finance law;and
infrastructure renewal project for which state assistance is d. a provision that, in the event that federal assistance
received or is to be received pursuant to this article. which was not included in the calculation of the state pay-
2. To expend money receivedfrom the state together with ment becomes available to the municipality, the amount of
other moneys available to it for costs incurred for any such the state payment shall be recalculated with the inclusion of
project. such federal assistance and the municipality shall pay to the
3. To contract with an state the amount by which the state payment actually made
y person, firm, corporation or exceeds the state payment determined by the recalculation.
agency, either governmental or private,for the purpose of
accomplishing the purposes of this article. §426. Maintenance of records. In connection with each
4.To apply for and receive moneys of the state and the contract, the commissioner and the municipality shall keep
federal governmentfor the purposes of accomplishing pro- adequate records of the amount of thepayment by the state,
jects undertaken or to be undertaken pursuant to this article. the amount of federal assistance, if any, received by the
5. To perform such other and further acts as may be municipality for the project, and of all moneys expended by
the municipalityfor such project. Such records shall be kept
necessary,proper or desirable in order to carry out munici- by the commissioner and shall establish the basisfor recalcu-
pal transportation infrastructure renewal projects or any lations of the statepayment as required herein. Thecommis-
obligation, duty or function relating thereto. sioner shall have authority to carry out, or to cause to be
-
§424.Approval ofprojects. When thefundsfor municipal carried out,audits ofsuch contracts and recordspursuant to
transportation infastructure renewal projects are appro- rules and regulations promulgated by the commissioner.
priated to the department,such projects shall be undertaken
only pursuant to contract with the commissioner entered §427. Equal employment opportunity program. 1. All con-
tracts for design, construction, services and materials for
into following submission to and approval by the commis-
sioner of a municipal project application therefor. transportation infrastructure renewal projects whatever
nature and all documents soliciting bids or propoo sals there-
§425. Contractsfor municipal transportation infrastruc- for shall contain or make reference to the following
ture renewal projects. Any such contract between the com- provisions:
missioner and a municipality may include such provisions as a. The contractor will not discriminate against employees
may be agreed upon by theparties thereto,andshall include, or applicants for employment because of race, creed, color,
in substance, the following: national origin, sex, age, disability, or marital status, and
a. an estimate of the reasonable cost of the project as will undertake or continue existing programs of affirmative
determined by the commissioner; action to ensure that minority grouppersons and women are
b. an agreement by the commissioner to pay the munici- afforded equal opportunity without discrimination. Such
pality during theprogressof construction orfol/owing com- programs shall include, but not be limited to, recruitment,
pletion ofconstruction as may be agreed upon by theparties, employment,job assignment,promotion,upgrading,demo-
an amount,not to exceed the total cost of theproject or such tion, transfer, layoff, termination, rates of pay or other
lesser amount as may have been established pursuant to forms ofcompensation,andselectionsfor training or retrain-
sectionfour hundred twenty-four of this article; ing, including apprenticeship and on-the-job training.
c. an agreement by the municipality: b. At the request of the department;the contractor shall
request each employment agency, labor union, or author-
(1)to proceed expeditiously with and complete the project ized representative of workers with which it has a collective
as approved by the commissioner, bargaining or other agreement or understanding and which
(ii)to applyfor and/or make reasonable efforts to secure is involved in the performance of the contract with the
federal assistance, if any,for the project, agency to furnish a written statement that such employment
(iii) to secure the approval of the commissioner before agency, labor union or representative shall not discriminate
a 1 in f because of race, creed, color, national origin, sex, age, dis-
pp y g for such federal assistance, in order to maximize ability or marital status and that such union or representa-
the amounts ofsuch assistance received or to be receivedfor tive will cooperate in the implementation o the contractor's
all projects in New York state, obligations hereunder. of
the
to provide for the municipality's share of the cost of c. The contractor will state, in all solicitations or adver-
the project when such municipality's share is required by the tisements for employees placed by or on behalf of the con-
appropriation therefor, tractor in the performance of the contract with the agency,
(v)to maintain the project at its own expense in accord- that all qualified applicants will be afforded equal employ-
ance with the requirements of the commissioner for the ment opportunity without discrimination because of race,
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
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creed, color, national origin, sex, age, disability or marital Theprovisions ofthisparagraph shall not be construed to
status. limit the ability ofany minority business enterprise to bid on
d. The contractor will include the provisions of para- any contract.
graphs a through c of this subdivision in every subcontract b. In the implementation of this section, the department
orpurchase order in such a manner that suchprovisions will shall consider compliance by any contractor with the re-
be binding upon each subcontractor or vendoras to its work quirements of any federal, state, or local law concerning
in connection with the contract with the agency. minority and women-owned business enterprises, which
2. The governor shall establish procedures and guidelines may effectuate the requirements of this section. If the de-
to ensure that contractors and subcontractors undertake partment determines that by virtue of the imposition of the
programs of affirmative action and equal employment op- requirements of any such law, in respect to capital project
portunity as required by this section. Such procedures may contracts, the provisions thereof duplicate or conflict with
require after notice in a bidsolicitation,the submission ofan such law, the department may waive the applicability of this
affirmative action program prior to the award of any con- section to the extent of such duplication or conflict.
tract, or at any time thereafter,and may require the submis- c. Nothing in this section shall be deemed to require that
sion of compliance reports relating to the operation and overall state and federal requirements for participation of
implementation of any affirmative action program adopted minority and women-owned business enterprises in pro-
hereunder. The governor may take appropriate action to grams authorized under this article be applied without re-
effectuate the provisions of this section and shall be re- gard to local circumstances to all projects or in all
sponsible for monitoring compliance with this article. communities.
§428. Minority and women-owned business enterprise 3. In order to implement the requirements and objectives
program. 1. Federal assistanceprojects. Where transporta- of this section, the governor shall establish procedures to
tion infrastructure renewa/project or municipal transporta- monitor the contractors'compliancewithprovisionshereof
tion infrastructure project involving federal assistance is provide assistance in obtaining competing qualified minor-
undertaken to effectuate the provisions ofthis article,applic- ity and women-owned business enterprises to perform con-
able federal laws relative to participation of minority and tracts proposed to be awarded, and take other appropriate
women-owned business enterprises shall apply. measures to improve the access of minority and women-
owned business enterprises to these contracts.
2. Other transportation infrastructure renewalprojects.a. §7. The state finance law is amended by adding a new
In the performance of transportation infrastructure re- section seventy-four to read as follows:
newal projects, minority and women-owned business enter-
prises shall be given the opportunity for meaningfulpartici- §74. Transportation infrastructure renewalfund 1. There
pation. The governor shall establish measures and proced- is hereby established in the joint custody of the state comp-
ures to secure meaningful participation and identify those troller and the commissioner of taxation andfinance a spe-
contracts and items of workfor which minority and women- cialfund, to be known as the"transportation infrastructure
owned business enterprises may best bid to actively and renewal fund':
affirmatively promote and assist their participation in the 2. The comptroller shall establish three separate and dis-
department's construction and procurement program for tinct accounts within the transportation infrastructure re-
transportation infrastructure renewal projects,so as to facil- newal fund:(a)the highway,parkway and bridge account;
itate the award of a fair share of contracts to such enter- (b)the ports and waterways account;and(c)the transit, rail
prises,-provided,however,that nothing in this article shall be and aviation account.
construed to limit the ability of the governor to assure that qualified minority and women-owned business enterprises 3. All moneys received by the state from the sale of bonds
mayparticipate in the transportation infrastructure renewal or notes for the purposes enumerated in paragraph a of
program. For purposes hereof, minority business enterprise subdivision three of section one of a chapter of the laws of
shall mean any business enterprise which is at least fifty-one nineteen hundred eighty-three enacting and constituting the
per centum owned by, or in the case of a publicly owned Rebuild New York Through Transportation Infrastructure
business,at leastfifty-one per centum ofthe stock of which is Renewal Bond Act of 1983 shall be deposited by the comp-
owned by citizens or permanent resident aliens who are troller in the highway,parkway and bridge account estab-
Black, Hispanic, Asian or American Indian, and such own- lished by the comptroller pursuant to theprovisions ofsub-
ership interest is real, substantial and continuing; and division two of this section.
women-owned business enterprise shall mean any business 4. All moneys received by the state from the sale of bonds
enterprise which is at leastfifty-oneper centum owned by,or or notes for the purposes enumerated in paragraph b
in the case ofa publicly owned business,at leastfifty-oneper ofsubdivision three ofsection one ofa chapter ofthe laws of
centum of the stock of which is owned by citizens or per- nineteen hundred eighty-three enacting and constituting the
manent resident aliens who are women, and such owner- Rebuild New York Through Transportation Infrastructure
ship interest is real, substantial and continuing. Renewal Bond Act of 1983 shall be deposited by the comp-
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
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troller in theports and waterways account established by the (b) Sections two, three, four, five, six, seven and eight of
comptrollerpursuant to theprovisionsofsubdivision two of this act shall take effect only in the event that the Rebuild
this section. New York Through Transportation Infrastructure Renewal
5. All moneys received by the storefront the sale of bonds Bond Act of 1983,enacted and constituted by section one of
or notes for the purposes enumerated in paragraph c of this act,is approved by the people at the general election held
subdivision three of section one of a chapter of the laws of in November, nineteen hundred eighty-three. Upon such
nineteen hundred eighty-three enacting and constituting the approval,said sections two,three,four,five,six,seven and
Rebuild New York Through Transportation Infrastructure eight shall take effect immediately.
Renewal Bond Act of 1983 shall be deposited by the comp- (c) Section nine of this act shall take effect immediately.
troller in the transit,rail and aviation account established by
the comptroller pursuant to the provisions of subdivision Abstract of Proposal Number One,A Proposition
two of this section.
The purpose of this proposal is to authorize the sale of
6. Moneys in any account of this fund,following appro- State bonds in order to pay for improvements to transporta-
priation by the legislature and allocation by the director of tion systems and facilities.The improvements would include
the budget, shall be available only for reimbursement of the construction,reconstruction,reconditioning and preser-
expenditures made from appropriations from the capital vation of the following: state highways; bridges; parkways;
projectsfundfor thepurposes ofsuchfund,as setforth in the highways and bridges not on the state highway system,
Rebuild New York Through Transportation Infrastructure including the improvement and/or elimination of highway-
Renewal Bond Act of 1983. railroad grade crossings on or off state highways;commuter
§8. Project authorizations. No moneys received by the rail parking facilities; ports; marine terminals; canals; wa-
state from the sale of bonds and/or notes sold pursuant to terways; rail freight; rail passenger; rail rapid transit; com-
the Rebuild New York Through Transportation Infrastruc- muter rail; omnibus systems and facilities and airport and
ture Renewal Bond Act of 1983 shall be expended for any aviation capital facilities.
project until funds therefor have been allocated pursuant to This proposal would allow the State to borrow up to one
the provisions of the state finance law and copies of the appro- billion two hundred fifty million dollars ($1,250,000,000).
priate certificates of approval filed with the chairman of the This amount would be expended as follows:
senate finance committee, the chairman of the assembly
ways and means committee and the state comptroller. (a) One billion five million dollars parkways 00 d
for: state highways and bridges; state parkways and
§9. Effective date. (a) The Rebuild New York Through bridges; highways and bridges not on the state highway
Transportation Infrastructure Renewal Bond Act of 1983, system, including the improvement or elimination of
enacted and constituted by section one of this act,shall not highway-railroad grade crossings; and commuter rail
take effect unless and until it shall have been submitted to the parking facilities;
people at the general election to be held in November,nine- (b) Seventy-five million dollars ($75,000,000) for
teen hundred eighty-three and shall have received a majority ports, marine terminals, canals and waterways;
of all the votes cast for and against it at such election. Upon (c) One hundred seventy million dollars($170,000,000)
approval by the people such act shall take effect immediately. for rail rapid transit,commuter rail,omnibus systems and
The ballots to be furnished for the use of the voters under facilities,rail passenger facilities,rail freight facilities and
the submission of the Rebuild New York Through Trans- airport and aviation capital facilities.
portation Infrastructure Renewal Bond Act of 1983 shall be These amounts may be changed by law when an appropri-
in the form prescribed by the election law and the proposi- ation is made. But the change may not exceed 5%,higher or
tion or question to be submitted shall be printed thereon in lower,than the total authorized by this proposal,and,if an
substantially the following form, to wit, "To promote and increase is made in one or more of the categories above, it
assure the preservation, renewal and improvement of the must be offset at the same time by a decrease in one or more
state's vital transportation systems,facilities and equipment of the other categories.
for the benefit of the inhabitants of the state, shall section
one of chapter 836 of the laws of nineteen hundred Form of Submission of Proposal Number One,
eighty-three, enacting and constituting the "REBUILD A Proposition
NEW YORK THROUGH TRANSPORTATION INFRA-
STRUCTURE RENEWAL BOND ACT OF 1983"author- Rebuild New York Through Transportation
izing the creation of a state debt in the amount of one Infrastructure Renewal Bond Issue
billion two hundred fifty million dollars($1,250,000,000)for To promote and assure the preservation,renewal and improve-
the construction, reconstruction, improvement, recondi- ment of the state's vital transportation systems,facilities and
tioning and preservation of transportation systems and equipment for the benefit of the inhabitants of the state,shall
facilities, including the acquisition of equipment, be ap- section one of chapter eight hundred thirty-six of the laws of
proved?" . nineteen hundred eighty-three,enacting and constituting the
EXPLANATION—Matter in italics is new;matter in brackets[)is old law to be omitted.
6
"REBUILD NEW YORK THROUGH TRANSPORTA- Text of Proposal Number Three,An Amendment
TION INFRASTRUCTURE RENEWAL BOND ACT OF
1983"authorizing the creation of a state debt in the amount Section 1.Resolved(if the Assembly concur),That section
of one billion two hundred fifty million dollars($1,250,000,000) three of article ten of the constitution be amended to read as
for the construction, reconstruction, improvement, recon- follows:
ditioning and preservation of transportation systems and §3. The legislature shall, by general law, conform all
facilities, including the acquisition of equipment, be ap- charters of savings banks,savings and loan associations, or
proved? institutions for savings,to a uniformity of powers,rights and
liabilities,and all charters hereafter granted for such corpo-
Text of Proposal Number Two, An Amendment rations shall be made to conform to such general law,and to
Section 1. Resolved(if the Assembly concur),That para- such amendments as may be made thereto. [And no such
graph E of section five of article eight of the constitution be corporation shall have any capital stock,nor shall the trus-
amended to read as follows: tees thereof, or any of them, have any interest whatever,
direct or indirect,in the profits of such corporation;and no
E.Indebtedness contracted on or after January first,nine- director or trustee of any such bank or institution shall be
teen hundred sixty-two and prior to January first, nineteen interested in any loan or use of any money or property of
hundred [eighty-three] ninety four, for the construction or such bank or institution for savings.] The legislature shall
reconstruction of facilities for the conveyance, treatment have no power to pass any act granting any special charter
and disposal of sewage. The legislature shall prescribe the for banking purposes; but corporations or associations may
method by which and the terms and conditions under which be formed for such purposes under general laws.
the amount of any such indebtedness to be excluded shall be
§2.Resolved(if the Assemblyconcur),That the foregoing
determined, and no such indebtedness shall be excluded
except in accordance with such determination. amendment be submitted to the people for approval at the
general election to be h
in th
year nneteen hundred
§2.Resolved(if the Assembly concur),That the foregoing eighty-three in accordancelwith theeprovis otns of theleton
amendment be submitted to the people for approval at the law.
general election to be held in the year nineteen hundred
eighty-three, in accordance with the provisions of the elec- Abstract of Proposal Number Three,An Amendment
tion law.
Currently, the constitution says that a savings bank or
Abstract of Proposal Number Two, institution for savings may not have capital stock. Also,
An Amendment trustees of such a bank or institution may not have any
financial interest in its profits,in any of its loans,or in the use
A county,city,town or village may borrow money to pay of any of its money or property. This amendment would
for public works, but the maximum it can borrow is set by drop these restrictions from the Constitution but still allow
the Constitution. Under the present law, the cost of any the Legislature to pass general laws regulating such institu-
sewer project begun after January 1, 1962 and before Janu- tions as well as savings and loan associations.
ary 1, 1983 is not counted in determining whether that A yes vote on the question below would drop the restric-
maximum has been reached.This amendment would extend tions from the Constitution; a no vote would keep the re-
the deadline to January 1, 1994. strictions in the Constitution.
A yes vote on the question below would allow the exten-
sion of the deadline;a no vote would prevent the extension. Form of Submission of Proposal Number Three,
An Amendment
Form of Submission of Proposal Number Two, Savings Banks, Saving and Loan Associations
An Amendment and Institutions for Savings
Exclusion of Indebtedness for Sewage Shall the proposed amendment to section three of article
Facilities from Local Constitutional X of the Constitution,to remove restrictions upon the issu-
Debt Limits ance of capital stock by savings banks and by institutions for
savings, to remove certain restrictions upon their trustees
Shall the proposed amendment to paragraph E of section and directors, and to include savings and loan associations
five of article Vill of the Constitution,permitting the exclu- within its provisions, be approved?
sion of indebtedness contracted by a county, city, town or
village after January 1, 1962 and prior to January 1, 1994
(instead of January 1, 1983)for construction or reconstruc- Text of Proposal Number Four,An Amendment
tion of sewage facilities in ascertaining the power of such Section I.Resolved(if the Assembly concur),That subdi-
county,city,town or village to contract indebtedness within vision b of section twenty-five of article six of the constitu-
its constitutional debt limit, be approved? tion be amended to read as follows:
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
7
b. Each judge of the court of appeals,justice of the su- retired judges of the court of appeals and retired justices of
preme court,judge of the court of claims,judge of the county the supreme court who serve as justices of the supreme
court, judge of the surrogate's court, judge of the family court. This power is currently held by a different body, the
court,judge of a court for the city of New York established appellate division of the supreme court for the area in which
pursuant to section fifteen of this article and judge of the the judge or justice resides. Second, it would authorize the
district court shall retire on the last day of December in the legislature, by law, to permit the administrative board to
year in which he reaches the age of seventy. Each such appoint retired justices and judges of certain courts to hear
former judge of the court of appeals and justice of the cases in the court from which they retired.Appointees would
supreme court may thereafter perform the duties of a justice serve for maximum periods of two years each or until De-
of the supreme court, with power to hear and determine cember thirty-first of the year they reach the age of seventy-
actions and proceedings,provided,however,that it shall be six, whichever comes first. An appointment could only be
certificated in the manner provided by law that the services made after it has been certified that it is necessary and that
of suchjudge orjustice are necessary to expedite the business the appointee is physically and mentally competent for the
of the court and that he is mentally and physically able and assignment.
competent to perform the full duties of such office.Any such A yes vote on the question below would allow these
certification shall be valid for a term of two years and may be changes; a no vote would prevent them.
extended as provided by law for additional terms of two
years. [A retired] Each such former judge or justice shall Form of Submission of Proposal Number Four,
serve no longer than until the last day of December in the An Amendment
year in which he reaches the age of seventy-six. [A retired]
Each such formerjudge or justice shall be subject to assign- Continuation of the Services of a Judge or
ment by the[appellate division of the supreme court of the Justice After Retirement
judicial department of his residence] administrative board. Shall the proposed amendment to subdivision b of section
Any retired justice of the supreme court who had been 25 of article VI of the Constitution,authorizing the legisla-
designated to and served as ajustice of any appellate division ture, by law, to permit the continuation of the services of a
immediately preceding his reaching the age of seventy shall judge or justice of certain courts after retirement upon ap-
be eligible for designation by the governor as a temporary or pointment by the administrative board of the courts and
additional justice of the appellate division.Notwithstanding providing for assignment of former justices of the supreme
any other provision of this section, the legislature may pro- court and former judges of the court of a
vide by law for the appointment by the administrative board ] g appeals serving as
justices of the supreme court under existing provisions of the
of aretiredjudgeorjusticeof any of the courts referred toin Constitution by the administrative board of the courts
this subdivision to serve as and to perform the duties of a rather than by the appellate division of the supreme court,be
judge orjustice of the courtfrom which suchjudge orjustice approved?
retired, including the performance of any temporary as-
signment authorized by the provisions of section twenty-six Text of Proposal Number Five, An Amendment
of this article, with power to hear and determine actions and
proceedings, for specified periods of time, each of which Section 1. Resolved(if the Assembly concur),That subdi-
shall not exceed two years, but in no event beyond the vision f of section twenty-six of article six of the constitution
thrrty first day of December in the year in which he reaches be amended to read as follows:
the age of seventy-six years,provided, however, that it shall f.Ajudge of the family court may perform the duties of his
be certified in the manner provided by law that the services office or hold court in any county and may be temporarily
ofsuch judge orjustice are necessary to expedite the business assigned to the supreme court in the judicial department of
of the court and that he is mentally and physically able and his residence or to the county court or the family court in any
competent to perform thefull duties ofsuch office.A retired county or to the surrogate's court in any county outside of
judge or justice shall not be counted in determining the the city of New York or to a court for the city of New York
number ofjudges orjustices in a court orjudicial district for established pursuant to section fifteen of this article.
purposes[of section six subdivision d] of this article.
§2.Resolved(if the Assembly concur),That the foregoing
§2. Resolved(if the Assembly concur),That the foregoing amendment be submitted to the people for approval at the
amendment be submitted to the people for approval at the general election to be held in the year nineteen hundred
general election to be held in the year nineteen hundred eithty-three in accordance with the provisions of the election
eighty-three in accordance with the provisions of the election law.
law.
Abstract of Proposal Number Five,
Abstract of Proposal Number Four,An Amendment An Amendment
The purpose of this amendment is two-fold.First,it gives to The purpose of this proposed amendment is to permit the
the administrative board of the courts the power to assign temporary assignment of a judge of the family court to the
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
8
supreme court in the judicial department in which that judge slopes of Gore, South and Pete Gay mountains in Warren
resides. county,nor from relocating,reconstructing and maintaining
A yes vote on the question below would allow the assign- a total of not more than fifty miles of existing state highways
ment; a no vote would prevent the assignment. for the purpose of eliminating the hazards of dangerous
curves and grades, provided a total of no more than four
hundred acres of forest preserve land shall be used for such
Form of Submission of Proposal Number Five, purpose and that no single relocated portion of any highway
An Amendment shall exceed one mile in length.Notwithstanding the forego-
ing provisions, the state may convey to the Village of Sar-
Temporary Assignment of Family Court Judges anac Lake ten acres of forest preserve land adjacent to the
Shall the proposed amendment to subdivision f of section boundaries of such village for public use in providing for
26 of article VI of the Constitution, permitting the tempo- refuse disposal and in exchange therefore the village of
rary assignment of ajudge of the family court to the supreme Saranac Lake shall convey to the state thrity acres of certain
court in the judicial department of his residence, be true forest land owned by such village on Roaring Brook in
approved? the northern half of Lot 113,Township 11,Richards Survey.
Notwithstanding the foregoing provisions, the state may
convey to the town of Arietta twenty-eight acres of forest
Text of Proposal Number Six, preserve land within such town for public use in providing
An Amendment for the extension of the runway and landing strip of the
Piseco airport and in exchange therefor the town of Arietta
Section 1. Resolved (if the Senate concur), That section shall convey to the state thirty acres of certain land owned by
one of article fourteen of the constitution be amended to such town in the town of Arietta. Notwithstanding the fore-
read as follows: going provisions and subject to legislative approval of the
tracts to be exchanged prior to the actual transfer of title,the
Section 1. The lands of the state, now owned or hereafter state, in order to consolidate its land holdings for better
acquired, constituting the forest preserve as now fixed by management, may convey to International Paper Company
law,shall be forever kept as wild forest lands.They shall not approximately eight thousand five hundred acres of forest
be leased, sold or exchanged, or be taken by any corpora- preserve land located in townships two and three of Totten
tion, public or private, nor shall the timber thereon be sold, and Crossfield's Purchase and township nine of the Moose
removed or destroyed. Nothing herein contained shall pre- River Tract, Hamilton county, and in exchange therefore
vent the state from constructing,completing and maintain- International Paper Company shall convey to the state for
ing any highway heretofore specifically authorized by con- incorporation into the forest preserve approximately the
stitutional amendment,nor from constructing and maintain- same number of acres of land located within such townships
ing to federal standards federal aid interstate highway route and such County on condition that the legislature shall
five hundred two from a point in the vicinity of the city of determine that the lands to be received by the state are at
Glens Falls,thence northerly to the vicinity of the village of least equal in value to the lands to be conveyed by the state.
Lake George and Warrensburg,the hamlets of South Hori- Notwithstanding the foregoing provisions and subject to
con and Pottersville and thence, northerly in a generally legislative approval of the tracts to be exchangedprior to the
straight line on the west side of Schroon Lake to the vicinity actual transfer oftitle and the conditions herein set forth,the
of the hamlet of Schroon, then continuing northerly to the state,in order tofacilitate thepreservation ofhistoric build-
vicinity of Schroon Falls, Schroon River and North Hud- ings listed on the national register of historic places by
son, and to the east of Makomis Mountain, east of the rejoining an historic grouping of buildings under unitary
hamlet of New Russia, east of the village of Elizabethtown ownership and stewardship, may convey to Sagamore Insti-
and continuing northerly in the vicinity of the hamlet of tute Inc.,anot for-profit educational organization,approx-
Towers Forge, and east of Poke-O-Moonshine Mountain imately ten acres ofland and buildings thereon adjoining the
and continuing northerly to the vicinity of the village of real property of the Sagamore Institute, Inc. and located on
Keeseville and the city of Plattsburgh, all of the aforesaid Sagamore Road, near Racquette Lake Village, in the Town
taking not to exceed a total of three hundred acres of state of Long Lake, county of Hamilton, and in exchange there-
forest preserve land,nor from constructing and maintaining for, Sagamore Institute, Inc. shall convey to the state for
not more than twenty miles of ski trails thirty to eighty feet incorporation into the forest preserve approximately two
wide on the north, east and northwest slopes of Whiteface hundred acres ofwildforest land located within the Adiron-
Mountain in Essex county,nor from constructing and main- dock Park on condition that the legislature shall determine
taining not more than twenty miles of ski trails thirty to that the lands to be received by the state are at least equal in
eighty feet wide,together with appurtenances thereto,on the value to the lands and buildings to be conveyed by the state
slopes of Belleayre Mountain in Ulster and Delaware coun- and that the natural and historic character of the lands and
ties and not more than thirty miles of ski trails thirty to buildings conveyed by the state will be secured by approp-
eighty feet wide,together with appurtenances thereto,on the riate covenants and restrictions and that the lands and build-
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
9
ings conveyed by the state will reasonably be availablefor of the district court or a town, village or city court outside
public visits according to agreement between Sagamore In- the city of New York may,as provided by law,be originated
stitute, Inc. and the state. therein: actions and proceedings for the recovery of money,
actions and proceedings for the recovery of chattels and
§2. Resolved (if the Senate concur), That the foregoing actions and proceedings for the foreclosure of mechanics
amendment be submitted to the people for approval at the liens and liens on personal property where the amount
general election to be held in the year nineteen hundred sought to be recovered or the value of the property does not
eighty-three in accordance with the provisions of the election exceed[six]twenty-five thousand dollars exclusive of interest
law• and costs [, provided, however, that the legislature, at the
request of the county board of supervisors or other elective
governing body in any county,may increase such amount in
Abstract of Proposal Number Six, such county to any amount not exceeding ten thousand
An Amendment dollars exclusive of interest and costs]; over all crimes and
The purpose of this proposed amendment is to help pre- other violations of law; over summary proceedings to re-
serve certain historic buildings by rejoining them under one cover possession of real property and to remove tenants
owner. The Legislature would be authorized to approve an therefrom;and over such other actions and proceedings,not
exchange of land between the State and Sagamore Institute, within the exclusive jurisdiction of the supreme court, as
Inc., a not-for-profit educational institution in Hamilton may be provided by law.
County. The Institute would receive a ten-acre plot of land
and the historic buildings on it. In exchange the Institute §2.Resolved(if the Assembly concur),That subdivision b
would transfer to the State two hundred acres of land which of section fifteen of such article be amended to read as
would become part of the forest preserve in the Adirondack follows:
Park. The Legislature would be required to determine that
the land received by the State is at least equal in value to the b. The court of city-wide civil jurisdiction of the city of
real estate transferred to the Institute.The Legislature must New York shall have jurisdiction over the following classes
also make sure that the Institute will preserve the historic of actions and proceedings which shall be originated in such
character of the land and buildings involved and that they court in the manner provided by law: actions and proceed-
will be available for visiting by the public. ings for the recovery of money,actions and proceedings for
A yes vote on the question below would permit this ex- the recovery of chattels and actions and proceedings for the
change; a no vote would prevent the exchange. foreclosure of mechanics liens and liens on personal prop-
erty where the amount sought to be recovered or the value of
the property does not exceed [ten] twenty-five thousand
Form of Submission of Proposal Number Six, dollars exclusive of interest and costs, or such smaller
amount as may be fixed by law;over summary proceedings
An Amendment to recover possession of real property and to remove tenants
Exchange of Certain Property Within the therefrom and over such other actions and proceedings,not
Adirondack Park within the exclusive jurisdiction of the supreme court, as
may be provided by law.The court of city-wide civil jurisdic-
Shall the proposed amendment to Article XIV, section 1 tion shall further exercise such equity jurisdiction as may be
of the Constitution,authorizing the conveyance of approx- provided by law and its jurisdiction to enter judgment upon
imately ten acres of State land and buildings thereon to the a counterclaim for the recovery of money only shall be
Sagamore Institute,Inc.in exchange for approximately two unlimited.
hundred acres of wild forest land within the Adirondack
Park in order to facilitate the preservation of certain historic §3. Resolved(if the Assembly concur),That subdivision d
buildings, be approved. of section sixteen of such article be amended to read as
follows:
Text of Proposal Number Seven, d.The district court shall have such jurisdiction as may be
An Amendment provided by law, but not in any respect greater than the
jurisdiction of the courts for the city of New York as pro-
Section 1.Resolved(if the Assembly concur),That subdi- vided in section fifteen of this article, provided, however,
vision a of section eleven of article six of the constitution be that in actions and proceedings for the recovery of money,
amended to read as follows: actions and proceedings for the recovery of chattels and
a.The county court shall havejurisdiction over the follow- actions and proceedings for the foreclosure of mechanics
ing classes of actions and proceedings which shall be origi- liens and liens on personal property, the amount sought to
nated in such county court in the manner provided by law, be recovered or the value of the property shall not exceed
except that actions and proceedings within the jurisdiction [six]fifteen thousand dollars exclusive of interest and costs.
EXPLANATION—Matter in italics is new;matter in brackets[J is old law to be omitted.
10
§4.Resolved(if the Assembly concur),That the foregoing power of such county, city, town or village to contract
amendments be submitted to the people for approval at the indebtedness within theprovisions of this constitution relat-
general election to be held in the year nineteen hundred ing thereto. Any county, city, town or village contracting
eighty-three in accordance with the provisions of the election indebtedness pursuant to this section for redevelopment of
law. an economically unproductive, blighted or deteriorated area
shall pledge to the payment thereof that portion of the taxes
Abstract of Proposal Number Seven, raised by it on real estate in such area which, in any year, is
An Amendment attributed to the increase in value of taxable real estate
Certain courts can only decide lawsuits in which the resulting from such redevelopment. The legislature may
further authorize any county, city, town or village, or com-
amount of money at stake is not greater than a certain dollar bination thereofacting together, to carry out the powers and
amount. The purpose of this amendment is to increase this duties conferred by this section by means of public corpo-
dollar amount in each of 3 courts. The limit for the county ration created therefor.
court would be increased from $6,000 to $25,000, for the
New York City Civil Court from$10,000 to$25,000,and for §2.Resolved(if the Assembly concur),That the foregoing
the district court from$6,000 to $15,000. amendment be submitted to the people for approval at the
A yes vote on the question below would allow the in- general election to be held in the year nineteen hundred
eighty-three in accordance with the provisions of the election
creases; a no vote would prevent the increases. law.
Abstract of Proposal Number Eight,
Form of Submission of Proposal Number Seven, An Amendment
An Amendment
Jurisdiction of the County Court,The Court This amendment would permit the Legislature to author-
ize a new way for local governments to pay for public im-
of City-Wide Civil Jurisdiction of the City provements or services for redevelopment projects. Under
of New York and the District Court this proposed approach,a county,city,town or village,or a
Shall the proposed amendments to subdivision a of sec- combination of these units acting together, could borrow
tion 11, subdivision b of section 15 and subdivision d of money for public improvements or services to redevelop
section 16 of Article VI of the Constitution, raising the blighted or economically unproductive areas. In return it
monetary jurisdictional limitations of the county court,the would pledge to pay back the money out of the increased real
court of city-wide civil jurisdiction of the city of New York estate tax revenues which result from the increased value of
and the district court, be approved? the redeveloped properties.The local government would not
have to pledge its or the State's full faith and credit for the
repayment of money borrowed under this approach. Also,
money borrowed in this way would not have to be counted
Text of Proposal Number Eight, toward the local government's maximum debt, which must
An Amendment remain under a limit set by the Constitution.The size of the
Section 1.Resolved(if the Assembly concur),That article annual installments made to pay back a debt incurred under
sixteen of the constitution be amended by adding a new this approach would not be restricted by the Constitution,as
section six to read as follows: is true of installments made to pay back debts incurred under
other approaches. Also,the Legislature could authorize the
§6. Notwithstanding any provision of this or any other creation of public corporations to carry out the powers and
article of this constitution to the contrary, the legislature duties created by this amendment.
may by law authorize a county, city, town or village, or
combination thereof acting together, to undertake the de- A yes vote on the question below would allow these mea-
velopment ofpublic improvements orservices, including the sures to be put into effect; a no vote would prevent them.
acquisition of land,for the purpose of redevelopment of
economically unproductive, blighted or deteriorated areas
and, in furtherance thereof, to contract indebtedness. Any Form of Submission of Proposal Number Eight,
such indebtedness shall be contracted by any such county, An Amendment
city,town or village,or combination thereof acting together,
without the pledge of its faith and credit, or the faith and Municipal Redevelopment Projects
credit of the state,for the payment of the principal thereof Shall the proposed amendment adding a new section 6 to
and the interest thereon,andsuch indebtedness may bepaid Article XVI of the Constitution, authorizing county, city,
without restriction as to the amount or relative amount of town and village projects to undertake the development of
annual installments. The amount of any indebtedness con- public improvements or services in economically unproduc-
tracted under this section may be excluded in ascertaining the tive, blighted or deteriorated areas, be approved?
EXPLANATION—Matter in italics is new;matter in brackets[]is old law to be omitted.
11
I hereby certify that the foregoing texts of Ballot Proposal Number One,A Proposition and Ballot Proposal Numbers Two
through Eight,Proposed Amendments to the State Constitution are correct copies of the originals as certified to be on file in the
Department of State.
Given under my hand and official Seal of the State Board of
Elections, at the City of Albany, this fifth day of Au-
gust, in the year one thousand nine hundred and
eighty-three.
R. WELLS STOUT
Chairman
5
12