S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6049
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by Sens. SKOUFIS, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 5 of article 3, section 1  of  article
   5,  sections  1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 15, 19, 20, 21, 22, 23,
   24, 25, 26, 27, 28, 29, 34, 35 and 36-a of article  6,  section  1  of
   article 7, sections 5, 7 and 7-a of article 8, section 1 of article 9,
   section  13  of  article  13, section 5 of article 14 and section 4 of
   article 18 of the constitution, in relation to  renaming  the  supreme
   court the superior court and the court of appeals the supreme court
 
   Section  1.  Resolved (if the Assembly concur), That the closing para-
 graph of section 5 of article 3 of the constitution be amended  to  read
 as follows:
   An  apportionment  by the legislature, or other body, shall be subject
 to review by the [supreme] SUPERIOR court, at the suit of  any  citizen,
 under  such reasonable regulations as the legislature may prescribe; and
 any court before which a cause may be pending  involving  an  apportion-
 ment,   shall   give  precedence  thereto  over  all  other  causes  and
 proceedings, and if said court  be  not  in  session  it  shall  convene
 promptly  for  the  disposition of the same.  The court shall render its
 decision within sixty days after a petition is filed.  In  any  judicial
 proceeding  relating to redistricting of congressional or state legisla-
 tive districts, any law establishing congressional or state  legislative
 districts  found  to  violate  the  provisions  of this article shall be
 invalid in whole or in part. In the event that  a  court  finds  such  a
 violation,  the legislature shall have a full and reasonable opportunity
 to correct the law's legal infirmities.
   § 2. Resolved (if the Assembly concur), That section 1 of article 5 of
 the constitution be amended to read as follows:
   Section 1. The comptroller and attorney-general shall be chosen at the
 same general election as the governor and hold office for the same term,
 and shall possess the qualifications provided in section  2  of  article
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89092-01-5
 S. 6049                             2
 
 IV. The legislature shall provide for filling vacancies in the office of
 comptroller  and of attorney-general. No election of a comptroller or an
 attorney-general shall be had except at the time of electing a governor.
 The  comptroller  shall  be  required:  (1) to audit all vouchers before
 payment and  all  official  accounts;  (2)  to  audit  the  accrual  and
 collection of all revenues and receipts; and (3) to prescribe such meth-
 ods  of accounting as are necessary for the performance of the foregoing
 duties. The payment of any money of the state, or of any money under its
 control, or the refund of any money paid to the state, except upon audit
 by the comptroller, shall be void, and may be restrained upon  the  suit
 of  any  taxpayer  with  the  consent of the [supreme] SUPERIOR court in
 appellate division on notice to the attorney-general.  In  such  respect
 the  legislature  shall define the powers and duties and may also assign
 to [him or her] THEM: (1) supervision of the accounts of  any  political
 subdivision  of  the  state;  and (2) powers and duties pertaining to or
 connected with the assessment and taxation  of  real  estate,  including
 determination  of  ratios  which  the assessed valuation of taxable real
 property bears to the full valuation thereof, but not including  any  of
 those  powers and duties reserved to officers of a county, city, town or
 village by virtue of sections seven and eight of article  nine  of  this
 constitution.  The  legislature  shall  assign  to  [him or her] THEM no
 administrative duties, excepting  such  as  may  be  incidental  to  the
 performance of these functions, any other provision of this constitution
 to the contrary notwithstanding.
   § 3. Resolved (if the Assembly concur), That section 1 of article 6 of
 the constitution be amended to read as follows:
   Section 1. a. There shall be a unified court system for the state. The
 state-wide  courts  shall consist of the SUPREME court [of appeals], the
 [supreme] SUPERIOR court including the appellate divisions thereof,  the
 court  of claims, the county court, the surrogate's court and the family
 court, as hereinafter provided. The legislature shall establish  in  and
 for  the  city  of New York, as part of the unified court system for the
 state, a single, city-wide court of civil  jurisdiction  and  a  single,
 city-wide  court  of criminal jurisdiction, as hereinafter provided, and
 may upon the request of the mayor and the local legislative body of  the
 city  of New York, merge the two courts into one city-wide court of both
 civil and criminal jurisdiction. The unified court system for the  state
 shall  also  include the district, town, city and village courts outside
 the city of New York, as hereinafter provided.
   b. The SUPREME  court  [of  appeals],  the  [supreme]  SUPERIOR  court
 including  the  appellate  divisions  thereof,  the court of claims, the
 county court, the surrogate's court, the family  court,  the  courts  or
 court  of  civil  and criminal jurisdiction of the city of New York, and
 such other courts as the legislature may determine shall  be  courts  of
 record.
   c. All processes, warrants and other mandates of the SUPREME court [of
 appeals], the [supreme] SUPERIOR court including the appellate divisions
 thereof,  the  court  of claims, the county court, the surrogate's court
 and the family court may be served and  executed  in  any  part  of  the
 state. All processes, warrants and other mandates of the courts or court
 of  civil and criminal jurisdiction of the city of New York may, subject
 to such limitation as may be prescribed by the  legislature,  be  served
 and  executed in any part of the state. The legislature may provide that
 processes, warrants and other mandates of  the  district  court  may  be
 served  and  executed  in  any  part  of  the  state and that processes,
 warrants and other mandates of town, village and city courts outside the
 S. 6049                             3
 
 city of New York may be served and executed in any part of the county in
 which such courts are located or in any part of any adjoining county.
   § 4. Resolved (if the Assembly concur), That section 2 of article 6 of
 the constitution be amended to read as follows:
   §  2. a. The SUPREME court [of appeals] is continued. It shall consist
 of the chief judge and the six elected associate judges now  in  office,
 who  shall  hold  their offices until the expiration of their respective
 terms, and their successors, and such justices of the [supreme] SUPERIOR
 court as may be designated for service  in  said  court  as  hereinafter
 provided.  The  official  terms of the chief judge and the six associate
 judges shall be fourteen years.
   Five members of the court shall constitute a quorum, and  the  concur-
 rence  of  four shall be necessary to a decision; but no more than seven
 judges shall sit in any case.  In  case  of  the  temporary  absence  or
 inability  to  act  of  any judge of the SUPREME court [of appeals], the
 court may designate any justice of the [supreme] SUPERIOR court to serve
 as associate judge of the court during such absence or inability to act.
 The court shall have power to appoint  and  to  remove  its  clerk.  The
 powers  and jurisdiction of the court shall not be suspended for want of
 appointment when the number of judges  is  sufficient  to  constitute  a
 quorum.
   b.  Whenever  and  as  often  as  the SUPREME court [of appeals] shall
 certify to the governor that the court is unable, by reason of the accu-
 mulation of causes pending therein, to hear and dispose of the same with
 reasonable speed, the governor shall designate such number  of  justices
 of  the [supreme] SUPERIOR court as may be so certified to be necessary,
 but not more than four, to serve as  associate  judges  of  the  SUPREME
 court  [of appeals]. The justices so designated shall be relieved, while
 so serving, from their duties as  justices  of  the  [supreme]  SUPERIOR
 court,  and  shall  serve  as  associate judges of the SUPREME court [of
 appeals] until the court shall certify that the need for the services of
 any such justices no longer exists, whereupon they shall return  to  the
 [supreme]  SUPERIOR  court.  The  governor may fill vacancies among such
 designated judges. No such justices shall serve as  associate  judge  of
 the  SUPREME  court  [of  appeals]  except  while  holding the office of
 justice of the [supreme] SUPERIOR court. The designation of a justice of
 the [supreme] SUPERIOR court as an associate judge of the SUPREME  court
 [of  appeals]  shall not be deemed to affect [his or her] THEIR existing
 office any longer than until the expiration of [his or her] THEIR desig-
 nation as such associate judge, nor to create a vacancy.
   c. There shall be a commission on judicial nomination to evaluate  the
 qualifications  of  candidates  for appointment to the SUPREME court [of
 appeals] and to prepare a written report and recommend to  the  governor
 those persons who by their character, temperament, professional aptitude
 and  experience  are  well  qualified  to hold such judicial office. The
 legislature shall provide by law for the organization and  procedure  of
 the judicial nominating commission.
   d.  (1)  The commission on judicial nomination shall consist of twelve
 members of whom four shall be appointed by the  governor,  four  by  the
 chief  judge  of  the  SUPREME  court  [of appeals], and one each by the
 speaker of the assembly, the temporary  president  of  the  senate,  the
 minority  leader of the senate, and the minority leader of the assembly.
 Of the four members appointed by the governor, no more than two shall be
 enrolled in the same political party, two shall be members of the bar of
 the state, and two shall not be members of the bar of the state. Of  the
 four  members  appointed  by  the  chief  judge of the SUPREME court [of
 S. 6049                             4

 appeals], no more than two shall  be  enrolled  in  the  same  political
 party,  two  shall be members of the bar of the state, and two shall not
 be members of the bar of the state. No member of  the  commission  shall
 hold  or have held any judicial office or hold any elected public office
 for which [he or she receives] THEY RECEIVE compensation during [his  or
 her]  THEIR  period  of  service, except that the governor and the chief
 judge may each appoint no more than one former judge or justice  of  the
 unified  court  system  to  such commission. No member of the commission
 shall hold any office in any political party.  No member of the judicial
 nominating commission shall be  eligible  for  appointment  to  judicial
 office  in  any court of the state during the member's period of service
 or within one year thereafter.
   (2) The members first appointed by the governor shall have respective-
 ly one, two, three and [four year] FOUR-YEAR terms as the governor shall
 designate. The members first appointed by the chief judge of the SUPREME
 court [of appeals] shall have respectively one, two, three and four year
 terms as the chief judge shall designate. The member first appointed  by
 the  temporary  president  of the senate shall have a one-year term. The
 member first appointed by the minority leader of the senate shall have a
 two-year term. The member first appointed by the speaker of the assembly
 shall have a four-year term. The member first appointed by the  minority
 leader  of  the  assembly  shall have a three-year term. Each subsequent
 appointment shall be for a term of four years.
   (3) The commission shall designate one of their  number  to  serve  as
 chairperson.
   (4) The commission shall consider the qualifications of candidates for
 appointment to the offices of judge and chief judge of the SUPREME court
 [of  appeals]  and,  whenever  a  vacancy in those offices occurs, shall
 prepare a written report and recommend to the governor persons  who  are
 well qualified for those judicial offices.
   e.  The  governor  shall  appoint,  with the advice and consent of the
 senate, from among those recommended by the judicial nominating  commis-
 sion,  a person to fill the office of chief judge or associate judge, as
 the case may be, whenever a vacancy occurs  in  the  SUPREME  court  [of
 appeals];  provided, however, that no person may be appointed a judge of
 the SUPREME court [of appeals] unless such person is a resident  of  the
 state  and has been admitted to the practice of law in this state for at
 least ten years. The governor shall transmit to the senate  the  written
 report of the commission on judicial nomination relating to the nominee.
   f.  When  a  vacancy  occurs in the office of chief judge or associate
 judge of the SUPREME court [of appeals] and the senate is not in session
 to give its advice and consent to an appointment to  fill  the  vacancy,
 the  governor  shall  fill  the  vacancy by interim appointment upon the
 recommendation of a commission on judicial  nomination  as  provided  in
 this  section.  An  interim  appointment shall continue until the senate
 shall pass upon the governor's selection.  If  the  senate  confirms  an
 appointment,  the  judge shall serve a term as provided in subdivision a
 of this section commencing from the date of [his or  her]  SUCH  interim
 appointment.  If  the  senate  rejects  an appointment, a vacancy in the
 office shall occur sixty  days  after  such  rejection.  If  an  interim
 appointment  to  the  SUPREME  court [of appeals] be made from among the
 justices of the [supreme] SUPERIOR  court  or  the  appellate  divisions
 thereof,  that  appointment  shall  not  affect  the  justice's existing
 office, nor create a vacancy in the [supreme]  SUPERIOR  court,  or  the
 appellate  division thereof, unless such appointment is confirmed by the
 senate and the  appointee  shall  assume  such  office.  If  an  interim
 S. 6049                             5
 
 appointment  of  chief  judge  of the SUPREME court [of appeals] be made
 from among the associate judges, an  interim  appointment  of  associate
 judge  shall  be  made  in like manner; in such case, the appointment as
 chief  judge  shall  not  affect the existing office of associate judge,
 unless such appointment as chief judge is confirmed by  the  senate  and
 the appointee shall assume such office.
   g.  The provisions of subdivisions c, d, e and f of this section shall
 not  apply  to  temporary  designations  or  assignments  of  judges  or
 justices.
   § 5. Resolved (if the Assembly concur), That section 3 of article 6 of
 the constitution be amended to read as follows:
   §  3.  a.  The jurisdiction of the SUPREME court [of appeals] shall be
 limited to the review of questions of law except where the  judgment  is
 of  death,  or where the appellate division, on reversing or modifying a
 final or interlocutory judgment in an action or a final or interlocutory
 order in a special proceeding, finds new facts and a final judgment or a
 final order pursuant thereto is entered; but the right to  appeal  shall
 not depend upon the amount involved.
   b.  Appeals  to  the  SUPREME  court  [of appeals] may be taken in the
 classes of cases hereafter enumerated in this section;
   In criminal cases, directly from  a  court  of  original  jurisdiction
 where  the  judgment  is  of  death, and in other criminal cases from an
 appellate division or otherwise as the legislature may from time to time
 provide.
   In civil cases and proceedings as follows:
   (1) As of right, from a judgment or order entered upon the decision of
 an appellate division of the  [supreme]  SUPERIOR  court  which  finally
 determines  an action or special proceeding wherein is directly involved
 the construction of the constitution of  the  state  or  of  the  United
 States,  or  where one or more of the justices of the appellate division
 dissents from the decision of the court, or where the judgment or  order
 is one of reversal or modification.
   (2)  As  of  right,  from  a judgment or order of a court of record of
 original jurisdiction which finally  determines  an  action  or  special
 proceeding where the only question involved on the appeal is the validi-
 ty  of  a statutory provision of the state or of the United States under
 the constitution of the state or of the United States; and on  any  such
 appeal  only  the constitutional question shall be considered and deter-
 mined by the court.
   (3) As of right, from an order of the appellate  division  granting  a
 new  trial  in  an action or a new hearing in a special proceeding where
 the appellant stipulates that, upon  affirmance,  judgment  absolute  or
 final order shall be rendered against [him or her] THEM.
   (4)  From  a  determination of the appellate division of the [supreme]
 SUPERIOR court in any department, other than a judgment or  order  which
 finally  determines an action or special proceeding, where the appellate
 division allows the same and certifies that one or more questions of law
 have arisen which, in its opinion, ought to be reviewed by  the  SUPREME
 court  [of  appeals],  but  in  such  case the appeal shall bring up for
 review only the question or questions  so  certified;  and  the  SUPREME
 court  [of appeals] shall certify to the appellate division its determi-
 nation upon such question or questions.
   (5) From an order of the appellate division of the [supreme]  SUPERIOR
 court in any department, in a proceeding instituted by or against one or
 more  public  officers  or  a  board, commission or other body of public
 officers or a court or tribunal,  other  than  an  order  which  finally
 S. 6049                             6
 
 determines  such  proceeding, where the SUPREME court [of appeals] shall
 allow the same upon the ground that, in its opinion, a question  of  law
 is  involved which ought to be reviewed by it, and without regard to the
 availability of appeal by stipulation for final order absolute.
   (6) From a judgment or order entered upon the decision of an appellate
 division  of  the  [supreme]  SUPERIOR court which finally determines an
 action or special proceeding but which is not appealable under paragraph
 (1) of this subdivision where the  appellate  division  or  the  SUPREME
 court  [of  appeals] shall certify that in its opinion a question of law
 is involved which  ought  to  be  reviewed  by  the  SUPREME  court  [of
 appeals].  Such  an  appeal  may  be allowed upon application (a) to the
 appellate division, and in case of refusal, to  the  SUPREME  court  [of
 appeals],  or  (b)  directly  to the SUPREME court [of appeals]. Such an
 appeal shall be allowed when required in  the  interest  of  substantial
 justice.
   (7)  No appeal shall be taken to the SUPREME court [of appeals] from a
 judgment or order entered upon the decision of an appellate division  of
 the  [supreme]  SUPERIOR court in any civil case or proceeding where the
 appeal to the appellate division was from a judgment or order entered in
 an appeal from another court, including an appellate or special term  of
 the  [supreme]  SUPERIOR court, unless the construction of the constitu-
 tion of the state or of the United States is directly involved  therein,
 or  unless  the appellate division of the [supreme] SUPERIOR court shall
 certify that in its opinion a question of law is involved which ought to
 be reviewed by the SUPREME court [of appeals].
   (8) The legislature may abolish an appeal to  the  SUPREME  court  [of
 appeals]  as  of  right  in  any or all of the cases or classes of cases
 specified in paragraph (1)  of  this  subdivision  wherein  no  question
 involving  the  construction  of the constitution of the state or of the
 United States is directly involved, provided, however, that  appeals  in
 any such case or class of cases shall thereupon be governed by paragraph
 (6) of this subdivision.
   (9)  The  SUPREME court [of appeals] shall adopt and from time to time
 may amend a rule to permit the court to answer questions of New York law
 certified to it by the Supreme Court of the United States,  a  court  of
 appeals  of  the  United  States or an appellate court of last resort of
 another state, which may be determinative of the cause then  pending  in
 the  certifying  court  and which in the opinion of the certifying court
 are not controlled by precedent in the decisions of the  courts  of  New
 York.
   §  6.  Resolved (if the Assembly concur), That subdivisions b, c, h, j
 and k of section 4 of article 6 of the constitution be amended  to  read
 as follows:
   b. The appellate divisions of the [supreme] SUPERIOR court are contin-
 ued, and shall consist of seven justices of the [supreme] SUPERIOR court
 in  each  of the first and second departments, and five justices in each
 of the other departments.   In each appellate  division,  four  justices
 shall  constitute a quorum, and the concurrence of three shall be neces-
 sary to a decision. No more than five justices shall sit in any case.
   c. The governor shall designate the presiding justice of  each  appel-
 late  division,  who shall act as such during [his or her] THEIR term of
 office and shall be a resident of the department. The other justices  of
 the  appellate  divisions  shall be designated by the governor, from all
 the justices elected to the [supreme] SUPERIOR court, for terms of  five
 years  or the unexpired portions of their respective terms of office, if
 less than five years.
 S. 6049                             7
 
   h. A justice of the appellate division of the [supreme] SUPERIOR court
 in any department may be temporarily designated by the presiding justice
 of [his or her] THEIR department to the appellate  division  in  another
 judicial  department  upon  agreement  by  the presiding justices of the
 appellate division of the departments concerned.
   j.  No  justice of the appellate division shall, within the department
 to which [he or she] THEY may be designated to perform the duties of  an
 appellate  justice,  exercise  any  of  the  powers  of a justice of the
 [supreme] SUPERIOR court, other than those of a justice  out  of  court,
 and  those pertaining to the appellate division, except that the justice
 may decide causes or proceedings  theretofore  submitted,  or  hear  and
 decide  motions  submitted  by consent of counsel, but any such justice,
 when not actually engaged in performing the  duties  of  such  appellate
 justice  in  the department to which [he or she is] THEY ARE designated,
 may hold any term of the [supreme] SUPERIOR court and  exercise  any  of
 the  powers of a justice of the [supreme] SUPERIOR court in any judicial
 district in any other department of the state.
   k. The appellate divisions of the [supreme] SUPERIOR court shall  have
 all  the  jurisdiction  possessed  by them on the effective date of this
 article and such additional jurisdiction as may be  prescribed  by  law,
 provided,  however,  that the right to appeal to the appellate divisions
 from a judgment or order which does not finally determine an  action  or
 special proceeding may be limited or conditioned by law.
   §  7.  Resolved (if the Assembly concur), That subdivisions c, d and e
 of section 6 of article 6 of the constitution  be  amended  to  read  as
 follows:
   c. The justices of the [supreme] SUPERIOR court shall be chosen by the
 electors  of the judicial district in which they are to serve. The terms
 of justices of the [supreme] SUPERIOR court shall be fourteen years from
 and including the first day of January next after their election.
   d. The [supreme] SUPERIOR court is continued. It shall consist of  the
 number  of  justices  of  the  [supreme]  SUPERIOR  court  including the
 justices designated to the appellate divisions of the [supreme] SUPERIOR
 court, judges of the county court  of  the  counties  of  Bronx,  Kings,
 Queens  and  Richmond and judges of the court of general sessions of the
 county of New York authorized by law on the thirty-first day  of  August
 next  after  the  approval  and  ratification  of  this amendment by the
 people, all of whom shall be justices of the  [supreme]  SUPERIOR  court
 for  the  remainder  of  their  terms.  The legislature may increase the
 number of justices of the  [supreme]  SUPERIOR  court  in  any  judicial
 district,  except that the number in any district shall not be increased
 to exceed one justice for fifty thousand, or fraction over thirty  thou-
 sand,  of  the population thereof as shown by the last federal census or
 state enumeration. The legislature may decrease the number  of  justices
 of  the  [supreme]  SUPERIOR court in any judicial district, except that
 the number in any district shall not be less than the number of justices
 of the [supreme] SUPERIOR court authorized by law on the effective  date
 of this article.
   e. The clerks of the several counties shall be clerks of the [supreme]
 SUPERIOR  court,  with  such powers and duties as shall be prescribed by
 law.
   § 8. Resolved (if the Assembly concur), That section 7 of article 6 of
 the constitution be amended to read as follows:
   § 7. a. The [supreme]  SUPERIOR  court  shall  have  general  original
 jurisdiction  in  law  and  equity and the appellate jurisdiction herein
 provided. In the city of New York, it shall have exclusive  jurisdiction
 S. 6049                             8
 
 over crimes prosecuted by indictment, provided, however, that the legis-
 lature  may grant to the city-wide court of criminal jurisdiction of the
 city of New York jurisdiction over misdemeanors prosecuted by indictment
 and to the family court in the city of New York jurisdiction over crimes
 and  offenses  by or against minors or between spouses or between parent
 and child or between members of the same family or household.
   b. If  the  legislature  shall  create  new  classes  of  actions  and
 proceedings,  the  [supreme] SUPERIOR court shall have jurisdiction over
 such classes of actions and proceedings, but the legislature may provide
 that another court or other courts shall also have jurisdiction and that
 actions and proceedings of such classes may be originated in such  other
 court or courts.
   § 9. Resolved (if the Assembly concur), That section 8 of article 6 of
 the constitution be amended to read as follows:
   § 8. a. The appellate division of the [supreme] SUPERIOR court in each
 judicial  department  may  establish  an  appellate term in and for such
 department or in and for a judicial district or districts or in and  for
 a  county  or  counties  within  such department. Such an appellate term
 shall be composed of not less than three nor more than five justices  of
 the  [supreme]  SUPERIOR court who shall be designated from time to time
 by the chief administrator of  the  courts  with  the  approval  of  the
 presiding  justice  of the appropriate appellate division, and who shall
 be residents of the department or of the judicial district or  districts
 as  the  case  may  be  and  the chief administrator of the courts shall
 designate the place or places where such appellate terms shall be held.
   b. Any such appellate term may be discontinued and  re-established  as
 the  appellate  division of the [supreme] SUPERIOR court in each depart-
 ment shall determine from time to time and any  designation  to  service
 therein may be revoked by the chief administrator of the courts with the
 approval of the presiding justice of the appropriate appellate division.
   c. In each appellate term no more than three justices assigned thereto
 shall  sit  in  any  action  or  proceeding.  Two of such justices shall
 constitute a quorum and the concurrence of two shall be necessary  to  a
 decision.
   d.  If so directed by the appellate division of the [supreme] SUPERIOR
 court establishing an appellate  term,  an  appellate  term  shall  have
 jurisdiction  to  hear and determine appeals now or hereafter authorized
 by law to be taken to the [supreme] SUPERIOR court or to  the  appellate
 division  other than appeals from the [supreme] SUPERIOR court, a surro-
 gate's court, the family court or appeals in criminal  cases  prosecuted
 by  indictment  or  by information as provided in section six of article
 one.
   e. As may be provided by law, an appellate term shall  have  jurisdic-
 tion  to  hear  and determine appeals from the district court or a town,
 village or city court outside the city of New York.
   § 10. Resolved (if the Assembly concur), That section 11 of article  6
 of the constitution be amended to read as follows:
   § 11. a.  The  county court shall have jurisdiction over the following
 classes of actions and proceedings which shall  be  originated  in  such
 county  court  in  the  manner  provided by law, except that actions and
 proceedings within the jurisdiction of the district  court  or  a  town,
 village  or  city court outside the city of New York may, as provided by
 law, be originated therein: actions and proceedings for the recovery  of
 money,  actions and proceedings for the recovery of chattels and actions
 and proceedings for the foreclosure of  mechanics  liens  and  liens  on
 personal  property  where the amount sought to be recovered or the value
 S. 6049                             9
 
 of the property does not exceed twenty-five thousand  dollars  exclusive
 of interest and costs; over all crimes and other violations of law; over
 summary proceedings to recover possession of real property and to remove
 tenants  therefrom;  and  over  such  other actions and proceedings, not
 within the exclusive jurisdiction of the [supreme]  SUPERIOR  court,  as
 may be provided by law.
   b.  The county court shall exercise such equity jurisdiction as may be
 provided by law and its jurisdiction to enter judgment upon  a  counter-
 claim for the recovery of money only shall be unlimited.
   c.  The county court shall have jurisdiction to hear and determine all
 appeals arising in the county in the following actions and  proceedings:
 as  of  right, from a judgment or order of the district court or a town,
 village or city court which finally determines an action  or  proceeding
 and,  as  may  be  provided by law, from a judgment or order of any such
 court which does not finally determine  an  action  or  proceeding.  The
 legislature  may  provide,  in accordance with the provisions of section
 eight of this article, that any or all of such appeals be  taken  to  an
 appellate  term  of  the  [supreme] SUPERIOR court instead of the county
 court.
   d. The provisions of this section shall in no way limit or impair  the
 jurisdiction  of  the  [supreme]  SUPERIOR court as set forth in section
 seven of this article.
   § 11. Resolved (if the Assembly concur), That subdivisions d and f  of
 section  12  of  article  6  of  the  constitution be amended to read as
 follows:
   d. The surrogate's court shall have jurisdiction over all actions  and
 proceedings  relating  to  the  affairs  of decedents, probate of wills,
 administration of estates and actions and proceedings arising thereunder
 or pertaining thereto, guardianship of the property of minors, and  such
 other  actions and proceedings, not within the exclusive jurisdiction of
 the [supreme] SUPERIOR court, as may be provided by law.
   f. The provisions of this section shall in no way limit or impair  the
 jurisdiction  of  the  [supreme]  SUPERIOR court as set forth in section
 seven of this article.
   § 12. Resolved (if the Assembly concur), That subdivisions c and d  of
 section  13  of  article  6  of  the  constitution be amended to read as
 follows:
   c. The family court shall also have jurisdiction  to  determine,  with
 the same powers possessed by the [supreme] SUPERIOR court, the following
 matters  when  referred  to the family court from the [supreme] SUPERIOR
 court: habeas corpus proceedings for the determination of the custody of
 minors; and in actions and proceedings for marital separation,  divorce,
 annulment  of  marriage and dissolution of marriage, applications to fix
 temporary or permanent support and custody, or applications  to  enforce
 judgments and orders of support and of custody, or applications to modi-
 fy  judgments  and orders of support and of custody which may be granted
 only upon the showing to the family court that there has been  a  subse-
 quent change of circumstances and that modification is required.
   d.  The provisions of this section shall in no way limit or impair the
 jurisdiction of the [supreme] SUPERIOR court as  set  forth  in  section
 seven of this article.
   §  13. Resolved (if the Assembly concur), That subdivisions b, c and d
 of section 15 of article 6 of the constitution be  amended  to  read  as
 follows:
   b.  The  court of city-wide civil jurisdiction of the city of New York
 shall have jurisdiction  over  the  following  classes  of  actions  and
 S. 6049                            10

 proceedings  which  shall  be  originated  in  such  court in the manner
 provided by law: actions and proceedings  for  the  recovery  of  money,
 actions  and  proceedings  for  the recovery of chattels and actions and
 proceedings for the foreclosure of mechanics liens and liens on personal
 property  where  the  amount  sought to be recovered or the value of the
 property does not exceed fifty thousand dollars  exclusive  of  interest
 and  costs,  or such smaller amount as may be fixed by law; over summary
 proceedings to recover possession of real property and to remove tenants
 therefrom and over such other actions and proceedings,  not  within  the
 exclusive  jurisdiction  of  the  [supreme]  SUPERIOR  court,  as may be
 provided by law. The court of city-wide civil jurisdiction shall further
 exercise such equity jurisdiction as may be  provided  by  law  and  its
 jurisdiction  to  enter judgment upon a counterclaim for the recovery of
 money only shall be unlimited.
   c. The court of city-wide criminal jurisdiction of  the  city  of  New
 York  shall  have  jurisdiction over crimes and other violations of law,
 other than those prosecuted by indictment, provided, however,  that  the
 legislature may grant to said court jurisdiction over misdemeanors pros-
 ecuted  by  indictment; and over such other actions and proceedings, not
 within the exclusive jurisdiction of the [supreme]  SUPERIOR  court,  as
 may be provided by law.
   d.  The provisions of this section shall in no way limit or impair the
 jurisdiction of the [supreme] SUPERIOR court as  set  forth  in  section
 seven of this article.
   §  14. Resolved (if the Assembly concur), That section 19 of article 6
 of the constitution be amended to read as follows:
   § 19. a. The [supreme] SUPERIOR  court  may  transfer  any  action  or
 proceeding,  except  one over which it shall have exclusive jurisdiction
 which does not depend upon the monetary  amount  sought,  to  any  other
 court  having  jurisdiction  of  the  subject matter within the judicial
 department provided that such other  court  has  jurisdiction  over  the
 classes  of  persons  named  as  parties. As may be provided by law, the
 [supreme] SUPERIOR court may transfer to itself any action or proceeding
 originated or pending in another court within  the  judicial  department
 other  than the court of claims upon a finding that such a transfer will
 promote the administration of justice.
   b. The county court shall transfer to the [supreme] SUPERIOR court  or
 surrogate's court or family court any action or proceeding which has not
 been  transferred to it from the [supreme] SUPERIOR court or surrogate's
 court or family court and over which the county court has  no  jurisdic-
 tion.  The  county court may transfer any action or proceeding, except a
 criminal action or proceeding involving a felony prosecuted  by  indict-
 ment  or  an  action  or proceeding required by this article to be dealt
 with in the surrogate's court or family court, to any court, other  than
 the  [supreme] SUPERIOR court, having jurisdiction of the subject matter
 within the county provided that such other court has  jurisdiction  over
 the classes of persons named as parties.
   c.  As  may  be  provided  by law, the [supreme] SUPERIOR court or the
 county court may transfer to the county court any action  or  proceeding
 originated  or  pending in the district court or a town, village or city
 court outside the city of New York upon a finding that such  a  transfer
 will promote the administration of justice.
   d.  The  surrogate's  court  shall  transfer to the [supreme] SUPERIOR
 court or the county court or the family court or the courts for the city
 of New York established pursuant to section fifteen of this article  any
 S. 6049                            11
 
 action  or  proceeding  which has not been transferred to it from any of
 said courts and over which the surrogate's court has no jurisdiction.
   e.  The family court shall transfer to the [supreme] SUPERIOR court or
 the surrogate's court or the county court or the courts for the city  of
 New  York  established  pursuant  to section fifteen of this article any
 action or proceeding which has not been transferred to it  from  any  of
 said courts and over which the family court has no jurisdiction.
   f. The courts for the city of New York established pursuant to section
 fifteen  of  this article shall transfer to the [supreme] SUPERIOR court
 or the surrogate's court or the family court any  action  or  proceeding
 which  has not been transferred to them from any of said courts and over
 which the said courts for the city of New York have no jurisdiction.
   g. As may be provided by  law,  the  [supreme]  SUPERIOR  court  shall
 transfer any action or proceeding to any other court having jurisdiction
 of  the subject matter in any other judicial district or county provided
 that such other court has jurisdiction over the classes of persons named
 as parties.
   h. As may be provided by law, the county court, the surrogate's court,
 the family court and the courts for the city  of  New  York  established
 pursuant  to  section fifteen of this article may transfer any action or
 proceeding, other than one which has previously been transferred to  it,
 to  any  other court, except the [supreme] SUPERIOR court, having juris-
 diction of the subject matter in any other judicial district  or  county
 provided  that  such  other  court  has jurisdiction over the classes of
 persons named as parties.
   i. As may be provided by law, the district court or a town, village or
 city court outside the city of New  York  may  transfer  any  action  or
 proceeding,  other than one which has previously been transferred to it,
 to any court, other than the county court or the  surrogate's  court  or
 the family court or the [supreme] SUPERIOR court, having jurisdiction of
 the subject matter in the same or an adjoining county provided that such
 other  court  has  jurisdiction  over  the  classes  of persons named as
 parties.
   j. Each court shall exercise jurisdiction over any action or  proceed-
 ing transferred to it pursuant to this section.
   k. The legislature may provide that the verdict or judgment in actions
 and proceedings so transferred shall not be subject to the limitation of
 monetary  jurisdiction of the court to which the actions and proceedings
 are transferred if that limitation be lower than that of  the  court  in
 which the actions and proceedings were originated.
   §  15. Resolved (if the Assembly concur), That section 20 of article 6
 of the constitution be amended to read as follows:
   § 20. a. No person, other than one who holds such office at the effec-
 tive date of this article, may assume the office of judge of the SUPREME
 court [of appeals], justice of the [supreme] SUPERIOR court, or judge of
 the court of claims unless [he or she has] THEY HAVE  been  admitted  to
 practice law in this state at least ten years. No person, other than one
 who  holds such office at the effective date of this article, may assume
 the office of judge of  the  county  court,  surrogate's  court,  family
 court,  a court for the city of New York established pursuant to section
 fifteen of this article, district court or city court outside  the  city
 of  New  York unless [he or she has] THEY HAVE been admitted to practice
 law in this state at least five years or such greater number of years as
 the legislature may determine.
   b. A judge of the SUPREME court [of appeals], justice of the [supreme]
 SUPERIOR court, judge of the court of claims, judge of a  county  court,
 S. 6049                            12
 
 judge  of the surrogate's court, judge of the family court or judge of a
 court for the city of New York established pursuant to  section  fifteen
 of  this article who is elected or appointed after the effective date of
 this article may not:
   (1) hold any other public office or trust except an office in relation
 to  the administration of the courts, member of a constitutional conven-
 tion or member of the armed forces of the United States or of the  state
 of  New York in which latter event the legislature may enact such legis-
 lation as it deems appropriate to  provide  for  a  temporary  judge  or
 justice  to  serve  during  the  period  of the absence of such judge or
 justice in the armed forces;
   (2) be eligible to be a candidate for any  public  office  other  than
 judicial  office or member of a constitutional convention, unless [he or
 she resigns] THEY RESIGN from judicial office; in the event a  judge  or
 justice  does  not  so resign from judicial office within ten days after
 [his or her] THEIR acceptance of the nomination of  such  other  office,
 [his  or  her] THEIR judicial office shall become vacant and the vacancy
 shall be filled in the manner provided in this article;
   (3) hold any office or assume the duties or exercise the powers of any
 office of any political organization or be a member of any governing  or
 executive agency thereof;
   (4)  engage  in  the practice of law, act as an arbitrator, referee or
 compensated mediator in any action or proceeding or matter or engage  in
 the  conduct  of  any other profession or business which interferes with
 the performance of [his or her] THEIR judicial duties.
   Judges and justices of the courts specified in this subdivision  shall
 also  be  subject  to such rules of conduct as may be promulgated by the
 chief administrator of the courts with the approval of the SUPREME court
 [of appeals].
   c. Qualifications for and restrictions upon the  judges  of  district,
 town,  village  or  city courts outside the city of New York, other than
 such qualifications and restrictions specifically set forth in  subdivi-
 sion  a  of  this  section,  shall  be  prescribed  by  the legislature,
 provided, however, that the legislature shall require a course of train-
 ing and education to be completed by justices of town and village courts
 selected after the effective date of this  article  who  have  not  been
 admitted to practice law in this state. Judges of such courts shall also
 be subject to such rules of conduct not inconsistent with laws as may be
 promulgated  by  the chief administrator of the courts with the approval
 of the SUPREME court [of appeals].
   § 16. Resolved (if the Assembly concur), That subdivision a of section
 21 of article 6 of the constitution be amended to read as follows:
   a. When a vacancy shall occur, otherwise than by expiration  of  term,
 in  the  office  of justice of the [supreme] SUPERIOR court, of judge of
 the county court, of judge of the surrogate's  court  or  judge  of  the
 family court outside the city of New York, it shall be filled for a full
 term  at the next general election held not less than three months after
 such vacancy occurs and, until the  vacancy  shall  be  so  filled,  the
 governor by and with the advice and consent of the senate, if the senate
 shall  be  in session, or, if the senate not be in session, the governor
 may fill such vacancy by an appointment which shall continue  until  and
 including  the last day of December next after the election at which the
 vacancy shall be filled.
   § 17. Resolved (if the Assembly concur), That section 22 of article  6
 of the constitution be amended to read as follows:
 S. 6049                            13
 
   §  22. a. There shall be a commission on judicial conduct. The commis-
 sion on judicial conduct shall receive, initiate, investigate  and  hear
 complaints  with  respect  to  the  conduct,  qualifications, fitness to
 perform or performance of official duties of any judge or justice of the
 unified  court system, in the manner provided by law; and, in accordance
 with subdivision d of this  section,  may  determine  that  a  judge  or
 justice  be  admonished,  censured  or  removed  from  office for cause,
 including, but not limited to, misconduct in office, persistent  failure
 to  perform  [his  or  her]  THEIR  duties,  habitual  intemperance, and
 conduct, on or off the  bench,  prejudicial  to  the  administration  of
 justice,  or  that  a judge or justice be retired for mental or physical
 disability preventing the proper performance of [his or her] THEIR judi-
 cial duties.  The commission shall transmit [an] ANY such  determination
 to  the  chief  judge  of the SUPREME court [of appeals] who shall cause
 written notice of such determination to be given to the judge or justice
 involved. Such judge or  justice  may  either  accept  the  commission's
 determination  or make written request to the chief judge, within thirty
 days after receipt of such notice, for a review of such determination by
 the SUPREME court [of appeals].
   b. (1) The commission on judicial  conduct  shall  consist  of  eleven
 members,  of  whom  four  shall be appointed by the governor, one by the
 temporary president of the senate, one by the  minority  leader  of  the
 senate,  one  by the speaker of the assembly, one by the minority leader
 of the assembly and three by the chief judge of the  SUPREME  court  [of
 appeals]. Of the members appointed by the governor one person shall be a
 member of the bar of the state but not a judge or justice, two shall not
 be  members of the bar, justices or judges or retired justices or judges
 of the unified court system, and one shall be a judge or justice of  the
 unified  court  system.  Of the members appointed by the chief judge one
 person shall be a justice of the appellate  division  of  the  [supreme]
 SUPERIOR  court and two shall be judges or justices of a court or courts
 other than the SUPREME court [of appeals] or appellate  divisions.  None
 of  the  persons  to  be  appointed  by the legislative leaders shall be
 justices or judges or retired justices or judges.
   (2) The persons first appointed by the governor shall have respective-
 ly one, two, three, and four-year terms as the governor shall designate.
 The persons first appointed by the chief judge of the SUPREME court  [of
 appeals]  shall have respectively two, three, and four-year terms as the
 governor shall designate. The person first appointed  by  the  temporary
 president  of  the  senate  shall have a one-year term. The person first
 appointed by the minority leader of the senate  shall  have  a  two-year
 term.  The  person  first appointed by the speaker of the assembly shall
 have a four-year term. The person first appointed by the minority leader
 of the assembly shall have a three-year term. Each member of the commis-
 sion shall be appointed thereafter for a term of four years.  Commission
 membership  of a judge or justice appointed by the governor or the chief
 judge shall terminate if such member ceases to hold the  judicial  posi-
 tion  which qualified [him or her] THEM for such appointment. Membership
 shall also terminate if a member attains a  position  which  would  have
 rendered  [him  or  her]  THEM ineligible for appointment at the time of
 appointment. A vacancy shall be filled by the appointing officer for the
 remainder of the term.
   c. The organization  and  procedure  of  the  commission  on  judicial
 conduct  shall be as provided by law. The commission on judicial conduct
 may establish its own rules and procedures not  inconsistent  with  law.
 Unless  the legislature shall provide otherwise, the commission shall be
 S. 6049                            14
 
 empowered to designate one of its members  or  any  other  person  as  a
 referee to hear and report concerning any matter before the commission.
   d. In reviewing a determination of the commission on judicial conduct,
 the  SUPREME court [of appeals] may admonish, censure, remove or retire,
 for the reasons set forth in subdivision a of this section, any judge of
 the unified court system. In reviewing a determination of the commission
 on judicial conduct, the SUPREME court [of  appeals]  shall  review  the
 commission's  findings  of  fact and conclusions of law on the record of
 the proceedings upon which the commission's determination was based. The
 SUPREME court [of appeals] may impose a less  or  more  severe  sanction
 prescribed by this section than the one determined by the commission, or
 impose no sanction.
   e.  The SUPREME court [of appeals] may suspend a judge or justice from
 exercising the powers of [his or her] THEIR office while there is  pend-
 ing  a  determination  by the commission on judicial conduct for [his or
 her] THEIR removal or retirement, or  while  the  judge  or  justice  is
 charged  in  this state with a felony by an indictment or an information
 filed pursuant to section six  of  article  one.  The  suspension  shall
 continue upon conviction and, if the conviction becomes final, the judge
 or  justice shall be removed from office. The suspension shall be termi-
 nated upon reversal of the conviction and dismissal  of  the  accusatory
 instrument.  Nothing in this subdivision shall prevent the commission on
 judicial conduct from determining that a judge or justice be admonished,
 censured, removed, or retired pursuant to subdivision a of this section.
   f. Upon the recommendation of the commission on judicial conduct or on
 its own motion, the SUPREME court [of appeals] may suspend  a  judge  or
 justice  from  office  when [he or she is] THEY ARE charged with a crime
 punishable as a felony under the laws of this state, or any other  crime
 which  involves  moral  turpitude.  The  suspension  shall continue upon
 conviction and, if the conviction becomes final, the  judge  or  justice
 shall  be  removed  from office. The suspension shall be terminated upon
 reversal of the conviction and dismissal of the  accusatory  instrument.
 Nothing  in  this  subdivision  shall prevent the commission on judicial
 conduct  from  determining  that  a  judge  or  justice  be  admonished,
 censured, removed, or retired pursuant to subdivision a of this section.
   g.  A  judge  or  justice  who is suspended from office by the SUPREME
 court [of appeals] shall receive [his  or  her]  THEIR  judicial  salary
 during such period of suspension, unless the court directs otherwise. If
 the  court has so directed and such suspension is thereafter terminated,
 the court may direct that the judge or justice shall  be  paid  [his  or
 her] THEIR salary for such period of suspension.
   h.  A judge or justice retired by the SUPREME court [of appeals] shall
 be considered to have retired voluntarily. A judge or justice removed by
 the SUPREME court [of appeals] shall be ineligible to hold  other  judi-
 cial office.
   i.  Notwithstanding  any other provision of this section, the legisla-
 ture may provide by law for review of determinations of  the  commission
 on  judicial conduct with respect to justices of town and village courts
 by an appellate division of the [supreme] SUPERIOR court. In such event,
 all references in this section to the SUPREME court [of appeals] and the
 chief judge thereof shall be deemed references to an appellate  division
 and the presiding justice thereof, respectively.
   j.  If  a  court  on the judiciary shall have been convened before the
 effective date of this section and the proceeding shall not be concluded
 by that date, the court on the judiciary shall have continuing jurisdic-
 tion beyond the effective date of this section to conclude the  proceed-
 S. 6049                            15
 
 ing.  All  matters  pending  before  the  former  commission on judicial
 conduct on the effective date of this section shall be  disposed  of  in
 such manner as shall be provided by law.
   §  18. Resolved (if the Assembly concur), That subdivisions a and b of
 section 23 of article 6 of  the  constitution  be  amended  to  read  as
 follows:
   a.  Judges  of  the  SUPREME  court  [of  appeals] and justices of the
 [supreme] SUPERIOR court may be removed by concurrent resolution of both
 houses of the legislature, if two-thirds of all the members  elected  to
 each house concur therein.
   b.  Judges  of  the court of claims, the county court, the surrogate's
 court, the family court, the courts for the city of New York established
 pursuant to section fifteen of this article, the district court and such
 other courts as the legislature may determine  may  be  removed  by  the
 senate,  on the recommendation of the governor, if two-thirds of all the
 members elected to the senate concur therein.
   § 19. Resolved (if the Assembly concur), That section 24 of article  6
 of the constitution be amended to read as follows:
   §  24. The assembly shall have the power of impeachment by a vote of a
 majority of all the members elected thereto. The court for the trial  of
 impeachments  shall  be  composed  of  the  president of the senate, the
 senators, or the major part of them, and the judges of the SUPREME court
 [of appeals], or the major part of them. On the trial of an  impeachment
 against the governor or lieutenant-governor, neither the lieutenant-gov-
 ernor nor the temporary president of the senate shall act as a member of
 the  court. No judicial officer shall exercise [his or her] THEIR office
 after articles of impeachment against [him or her] THEM shall have  been
 preferred  to the senate, until [he or she] THEY shall have been acquit-
 ted.  Before the trial of an impeachment, the members of the court shall
 take an oath or affirmation truly and impartially to try the impeachment
 according to the evidence, and no person shall be convicted without  the
 concurrence  of  two-thirds of the members present. Judgment in cases of
 impeachment shall not extend further than to  removal  from  office,  or
 removal  from  office  and disqualification to hold and enjoy any public
 office of honor, trust, or  profit  under  this  state;  but  the  party
 impeached shall be liable to indictment and punishment according to law.
   §  20. Resolved (if the Assembly concur), That subdivisions a and b of
 section 25 of article 6 of  the  constitution  be  amended  to  read  as
 follows:
   a.  The  compensation  of a judge of the SUPREME court [of appeals], a
 justice of the [supreme] SUPERIOR court, a judge of the court of claims,
 a judge of the county court, a judge of the surrogate's court,  a  judge
 of  the family court, a judge of a court for the city of New York estab-
 lished pursuant to section fifteen of  this  article,  a  judge  of  the
 district  court or of a retired judge or justice shall be established by
 law and shall not be diminished during the term of office for which  [he
 or  she  was]  THEY WERE elected or appointed. Any judge or justice of a
 court abolished by section thirty-five of this article, who pursuant  to
 that  section  becomes  a  judge  or  justice  of a court established or
 continued by this article, shall receive without interruption or diminu-
 tion for the remainder of the term for which [he or she was]  THEY  WERE
 elected  or appointed to the abolished court the compensation [he or she
 had] THEY HAVE been receiving upon the effective date  of  this  article
 together with any additional compensation that may be prescribed by law.
   b.  Each  judge  of  the  SUPREME  court  [of appeals], justice of the
 [supreme] SUPERIOR court, judge of the court of  claims,  judge  of  the
 S. 6049                            16
 
 county court, judge of the surrogate's court, judge of the family court,
 judge  of  a  court  for  the  city  of New York established pursuant to
 section fifteen of this article and judge of the  district  court  shall
 retire  on  the  last  day  of  December in the year in which [he or she
 reaches] THEY REACH the age of seventy. Each former judge of the SUPREME
 court [of appeals] and justice of the [supreme] SUPERIOR court may ther-
 eafter perform the duties of a justice of the [supreme] SUPERIOR  court,
 with  power  to  hear  and  determine actions and proceedings, provided,
 however, that it shall be certificated in the  manner  provided  by  law
 that the services of such judge or justice are necessary to expedite the
 business  of  the  court  and  that [he or she is] THEY ARE mentally and
 physically able and competent to perform the full duties of such office.
 Any such certification shall be valid for a term of two years and may be
 extended as provided by law for additional terms of two years. A retired
 judge or justice shall serve no longer than until the last day of Decem-
 ber in the year in which [he or she  reaches]  THEY  REACH  the  age  of
 seventy-six.  A  retired judge or justice shall be subject to assignment
 by the appellate division of the [supreme] SUPERIOR court of  the  judi-
 cial department of [his or her] THEIR residence.  Any retired justice of
 the  [supreme] SUPERIOR court who had been designated to and served as a
 justice of any appellate division immediately  preceding  [his  or  her]
 THEIR  reaching  the age of seventy shall be eligible for designation by
 the governor as a temporary or additional justice of the appellate divi-
 sion. A retired judge or justice shall not be counted in determining the
 number of justices in a judicial district for purposes of subdivision  d
 of section six of this article.
   § 21. Resolved (if the Assembly concur), That subdivisions a, b, c, d,
 e,  f and g of section 26 of article 6 of the constitution be amended to
 read as follows:
   a. A justice of the [supreme] SUPERIOR court may perform the duties of
 office or hold court in any county and may be  temporarily  assigned  to
 the [supreme] SUPERIOR court in any judicial district or to the court of
 claims.  A  justice  of  the [supreme] SUPERIOR court in the city of New
 York may be temporarily assigned to the family court in the city of  New
 York  or  to  the surrogate's court in any county within the city of New
 York when required to dispose of the business of such court.
   b. A judge of the court of claims may perform the duties of office  or
 hold  court  in  any  county  and  may  be  temporarily  assigned to the
 [supreme] SUPERIOR court in any judicial district.
   c. A judge of the county court may perform the  duties  of  office  or
 hold  court  in  any  county  and  may  be  temporarily  assigned to the
 [supreme] SUPERIOR court in the judicial  department  of  [his  or  her]
 THEIR residence or to the county court or the family court in any county
 or  to  the surrogate's court in any county outside the city of New York
 or to a court for the city of New York established pursuant  to  section
 fifteen of this article.
   d.  A  judge of the surrogate's court in any county within the city of
 New York may perform the duties of office or hold court  in  any  county
 and  may  be temporarily assigned to the [supreme] SUPERIOR court in the
 judicial department of [his or her] THEIR residence.
   e. A judge of the surrogate's court in any county outside the city  of
 New  York  may  perform the duties of office or hold court in any county
 and may be temporarily assigned to the [supreme] SUPERIOR court  in  the
 judicial  department  of  [his  or her] THEIR residence or to the county
 court or the family court in any county or to a court for  the  city  of
 New York established pursuant to section fifteen of this article.
 S. 6049                            17
 
   f.  A  judge  of  the family court may perform the duties of office or
 hold court in  any  county  and  may  be  temporarily  assigned  to  the
 [supreme]  SUPERIOR  court  in  the  judicial department of [his or her]
 THEIR residence or to the county court or the family court in any county
 or  to  the  surrogate's  court in any county outside of the city of New
 York or to a court for the city of  New  York  established  pursuant  to
 section fifteen of this article.
   g. A judge of a court for the city of New York established pursuant to
 section fifteen of this article may perform the duties of office or hold
 court  in  any  county  and may be temporarily assigned to the [supreme]
 SUPERIOR court in the judicial department of [his or  her]  THEIR  resi-
 dence or to the county court or the family court in any county or to the
 other  court  for  the  city of New York established pursuant to section
 fifteen of this article.
   § 22. Resolved (if the Assembly concur), That section 27 of article  6
 of the constitution be amended to read as follows:
   §  27. The governor may, when in [his or her] THEIR opinion the public
 interest requires, appoint extraordinary terms of the [supreme] SUPERIOR
 court. The governor shall designate the time and place  of  holding  the
 term and the justice who shall hold the term. The governor may terminate
 the  assignment  of  the justice and may name another justice in [his or
 her] THEIR place to hold the term.
   § 23. Resolved (if the Assembly concur), That subdivisions a and c  of
 section  28  of  article  6  of  the  constitution be amended to read as
 follows:
   a. The chief judge of the SUPREME court  [of  appeals]  shall  be  the
 chief  judge  of  the  state of New York and shall be the chief judicial
 officer of the unified court system. There shall  be  an  administrative
 board  of  the  courts  which  shall  consist  of the chief judge of the
 SUPREME court [of appeals] as chairperson and the presiding  justice  of
 the  appellate division of the [supreme] SUPERIOR court of each judicial
 department. The chief judge shall, with the advice and  consent  of  the
 administrative board of the courts, appoint a chief administrator of the
 courts who shall serve at the pleasure of the chief judge.
   c.  The chief judge, after consultation with the administrative board,
 shall establish standards and administrative policies for general appli-
 cation throughout the state, which shall be submitted by the chief judge
 to the SUPREME court [of appeals], together with the recommendations, if
 any, of the administrative  board.  Such  standards  and  administrative
 policies  shall  be  promulgated after approval by the SUPREME court [of
 appeals].
   § 24. Resolved (if the Assembly concur), That subdivision a of section
 29 of article 6 of the constitution be amended to read as follows:
   a. The legislature shall provide for the allocation  of  the  cost  of
 operating  and maintaining the SUPREME court [of appeals], the appellate
 division of the [supreme] SUPERIOR court in  each  judicial  department,
 the [supreme] SUPERIOR court, the court of claims, the county court, the
 surrogate's court, the family court, the courts for the city of New York
 established pursuant to section fifteen of this article and the district
 court,  among  the  state,  the counties, the city of New York and other
 political subdivisions.
   § 25. Resolved (if the Assembly concur), That subdivisions a and b  of
 section  34  of  article  6  of  the  constitution be amended to read as
 follows:
   a. The SUPREME court [of  appeals],  the  appellate  division  of  the
 [supreme]  SUPERIOR  court,  the  [supreme] SUPERIOR court, the court of
 S. 6049                            18
 
 claims, the county court in counties outside the city of New  York,  the
 surrogate's court and the district court of Nassau county shall hear and
 determine  all  appeals,  actions and proceedings pending therein on the
 effective date of this article except that the appellate division of the
 [supreme] SUPERIOR court in the first and second judicial departments or
 the  appellate term in such departments, if so directed by the appropri-
 ate appellate division of the supreme court, shall  hear  and  determine
 all  appeals  pending  in  the appellate terms of the [supreme] SUPERIOR
 court in the first and second judicial departments and in the  court  of
 special  sessions  of  the  city  of New York and except that the county
 court or an appellate term shall, as may be provided by  law,  hear  and
 determine all appeals pending in the county court or the [supreme] SUPE-
 RIOR  court other than an appellate term. Further appeal from a decision
 of the county court, the appellate term or the appellate division of the
 [supreme] SUPERIOR court, rendered on or after  the  effective  date  of
 this article, shall be governed by the provisions of this article.
   b.  The  justices  of  the  [supreme]  SUPERIOR court in office on the
 effective date of this article shall hold their offices as  justices  of
 the  [supreme]  SUPERIOR  court until the expiration of their respective
 terms.
   § 26. Resolved (if the Assembly concur), That subdivisions b, m and  n
 of  section  35  of  article 6 of the constitution be amended to read as
 follows:
   b. The judges of the county court of the  counties  of  Bronx,  Kings,
 Queens  and  Richmond and the judges of the court of general sessions of
 the county of New York in office on the effective date of  this  article
 shall,  for  the  remainder  of the terms for which they were elected or
 appointed, be justices of the [supreme] SUPERIOR court in  and  for  the
 judicial  district  which  includes  the county in which they resided on
 that date.  The salaries of such justices shall be the same as the sala-
 ries of the other justices of the [supreme] SUPERIOR court  residing  in
 the  same  judicial  district  and shall be paid in the same manner. All
 actions and proceedings pending in the county court of the  counties  of
 Bronx,  Kings,  Queens and Richmond and in the court of general sessions
 of the county of New York on the effective date of this article shall be
 transferred to the [supreme] SUPERIOR court in the county in  which  the
 action  or  proceedings  was pending, or otherwise as may be provided by
 law.
   m. In the event that a judgment or order was entered before the effec-
 tive date of this article and a right of appeal existed  and  notice  of
 appeal therefrom is filed after the effective date of this article, such
 appeal  shall  be  taken  from  the [supreme] SUPERIOR court, the county
 courts, the surrogate's courts, the  children's  courts,  the  court  of
 general  sessions  of  the county of New York and the domestic relations
 court of the city of New York to the appellate division of the [supreme]
 SUPERIOR court in the  judicial  department  in  which  such  court  was
 located;  from  the  court  of  claims  to the appellate division of the
 [supreme] SUPERIOR court in the third judicial  department,  except  for
 those  claims  which  arose  in the fourth judicial department, in which
 case the appeal shall be to the  appellate  division  of  the  [supreme]
 SUPERIOR court in the fourth judicial department; from the city court of
 the  city  of New York, the municipal court of the city of New York, the
 court of special sessions of the city of New York and  the  city  magis-
 trates'  courts of the city of New York to the appellate division of the
 [supreme] SUPERIOR court in the judicial department in which such  court
 was  located,  provided,  however,  that  such appellate division of the
 S. 6049                            19
 
 [supreme] SUPERIOR court may transfer any such appeal  to  an  appellate
 term,  if  such  appellate  term  be  established; and from the district
 court, town, village and city courts outside the city of New York to the
 county  court  in  the county in which such court was located, provided,
 however, that the legislature may  require  the  transfer  of  any  such
 appeal  to  an  appellate  term,  if such appellate term be established.
 Further appeal from a decision of a county court or an appellate term or
 the appellate division of the [supreme] SUPERIOR court shall be governed
 by the provisions of this article. However, if in any action or proceed-
 ing decided prior to the effective date of this article, a party  had  a
 right  of  direct  appeal  from  a court of original jurisdiction to the
 SUPREME court [of appeals], such appeal may be  taken  directly  to  the
 SUPREME court [of appeals].
   n.  In  the event that an appeal was decided before the effective date
 of this article and a further appeal could be  taken  as  of  right  and
 notice  of  appeal  therefrom  is filed after the effective date of this
 article, such appeal may be taken from the  appellate  division  of  the
 [supreme]  SUPERIOR court to the SUPREME court [of appeals] and from any
 other court to the appellate division of the [supreme]  SUPERIOR  court.
 Further  appeal  from  a  decision  of  the  appellate  division  of the
 [supreme] SUPERIOR court shall be governed by  the  provisions  of  this
 article. If a further appeal could not be taken as of right, such appeal
 shall be governed by the provisions of this article.
   §  27. Resolved (if the Assembly concur), That section 36-a of article
 6 of the constitution be amended to read as follows:
   § 36-a. The amendments to the provisions of sections two, four, seven,
 eight, eleven, twenty, twenty-two, twenty-six, twenty-eight, twenty-nine
 and thirty of article six and to the provisions of section one of  arti-
 cle  seven,  as  first proposed by a concurrent resolution passed by the
 legislature in  the  year  nineteen  hundred  seventy-six  and  entitled
 "Concurrent  Resolution  of the Senate and Assembly proposing amendments
 to articles six and seven of the constitution, in relation to the manner
 of selecting judges of the SUPREME court [of  appeals],  creation  of  a
 commission  on  judicial conduct and administration of the unified court
 system, providing for the  effectiveness  of  such  amendments  and  the
 repeal  of subdivision c of section two, subdivision b of section seven,
 subdivision b of section eleven, section twenty-two and section  twenty-
 eight  of  article six thereof relating thereto", shall become a part of
 the constitution on the first day of January next after the approval and
 ratification of the amendments proposed by such concurrent resolution by
 the people but the provisions thereof shall not become operative and the
 repeal of subdivision c of section two, section twenty-two  and  section
 twenty-eight  shall  not  become  effective until the first day of April
 next thereafter which date shall be deemed the effective  date  of  such
 amendments  and  the chief judge and the associate judges of the SUPREME
 court [of appeals] in office on such effective  date  shall  hold  their
 offices  until  the expiration of their respective terms. Upon a vacancy
 in the office of any such judge, such vacancy shall  be  filled  in  the
 manner provided in section two of article six.
   §  28.  Resolved (if the Assembly concur), That section 1 of article 7
 of the constitution be amended to read as follows:
   Section 1. For the preparation of the budget, the head of each depart-
 ment of state government, except the legislature  and  judiciary,  shall
 furnish  the governor such estimates and information in such form and at
 such times as the governor may require, copies of which shall  forthwith
 be  furnished  to  the  appropriate committees of the legislature.   The
 S. 6049                            20
 
 governor shall hold hearings thereon at which the governor  may  require
 the  attendance  of heads of departments and their subordinates.  Desig-
 nated representatives of such committees shall be entitled to attend the
 hearings thereon and to make inquiry concerning any part thereof.
   Itemized  estimates  of the financial needs of the legislature, certi-
 fied by the presiding officer of  each  house,  and  of  the  judiciary,
 approved  by  the  SUPREME court [of appeals] and certified by the chief
 judge of the SUPREME court [of appeals], shall  be  transmitted  to  the
 governor  not  later  than  the  first  day of December in each year for
 inclusion in the budget without revision but with  such  recommendations
 as  the  governor  may deem proper.  Copies of the itemized estimates of
 the financial needs of the judiciary also shall forthwith be transmitted
 to the appropriate committees of the legislature.
   § 29. Resolved (if the Assembly concur), That the fourth  undesignated
 paragraph of subdivision C of section 5 of article 8 of the constitution
 be amended to read as follows:
   Except  as  otherwise provided herein, the legislature shall prescribe
 the method by which and the terms and conditions under which the propor-
 tionate amount of any such indebtedness  to  be  so  excluded  shall  be
 determined  and  no  proportionate  amount of such indebtedness shall be
 excluded except in accordance with such determination.  The  legislature
 may  provide that the state comptroller shall make such determination or
 it may confer appropriate jurisdiction on the appellate division of  the
 [supreme] SUPERIOR court in the judicial departments in which such coun-
 ties, cities, towns or villages are located for the purpose of determin-
 ing the proportionate amount of any such indebtedness to be so excluded.
   § 30. Resolved (if the Assembly concur), That subdivision A of section
 7 of article 8 of the constitution be amended to read as follows:
   A. Indebtedness contracted prior to the first day of January, nineteen
 hundred  ten,  for  dock purposes proportionately to the extent to which
 the current net revenues received by the city therefrom shall  meet  the
 interest  on  and  the  annual requirements for the amortization of such
 indebtedness. The legislature shall prescribe the method  by  which  and
 the terms and conditions under which the amount of any such indebtedness
 to be so excluded shall be determined, and no such indebtedness shall be
 excluded  except  in accordance with such determination. The legislature
 may confer appropriate jurisdiction on the  appellate  division  of  the
 [supreme]  SUPERIOR  court  in  the  first  judicial  department for the
 purpose of determining the amount of any  such  indebtedness  to  be  so
 excluded.
   §  31. Resolved (if the Assembly concur), That the second undesignated
 paragraph of subdivision B of section 7-a of article 8 of the  constitu-
 tion be amended to read as follows:
   In  determining  whether  indebtedness  for  transit  purposes  may be
 excluded under this paragraph of this  section,  there  shall  first  be
 deducted  from  the  current  net revenue received by the city from such
 railroads and facilities and properties used in connection therewith and
 rights therein and securities owned by the city: (a) an amount equal  to
 the  interest  and  amortization  requirements on indebtedness for rapid
 transit purposes heretofore excluded by order of the appellate division,
 which exclusion shall not be terminated by or  under  any  provision  of
 this  section;  (b)  an  amount  equal  to  the interest on indebtedness
 contracted pursuant to this section and of the annual  requirements  for
 amortization  on any sinking fund bonds and for redemption of any serial
 bonds evidencing such indebtedness; (c) an amount equal to  the  sum  of
 all  taxes  and  bridge tolls accruing to the city in the fiscal year of
 S. 6049                            21
 
 the city preceding the acquisition of the  railroads  or  facilities  or
 properties  or  rights  therein or securities acquired by the city here-
 under, from such railroads,  facilities  and  properties;  and  (d)  the
 amount of net operating revenue derived by the city from the independent
 subway  system  during such fiscal year. The legislature shall prescribe
 the method by which and the terms and conditions under which the  amount
 of any indebtedness to be excluded hereunder shall be determined, and no
 indebtedness  shall  be  excluded except in accordance with the determi-
 nation so prescribed. The legislature may confer  appropriate  jurisdic-
 tion  on  the  appellate division of the [supreme] SUPERIOR court in the
 first judicial department for the purpose of determining the  amount  of
 any debt to be so excluded.
   §  32.  Resolved  (if  the  Assembly  concur), That subdivision (d) of
 section 1 of article 9  of  the  constitution  be  amended  to  read  as
 follows:
   (d)  No local government or any part of the territory thereof shall be
 annexed to another until the people, if any, of the  territory  proposed
 to  be annexed shall have consented thereto by majority vote on a refer-
 endum and until the governing board of each local government,  the  area
 of  which  is affected, shall have consented thereto upon the basis of a
 determination that the annexation is in the  over-all  public  interest.
 The  consent  of  the governing board of a county shall be required only
 where a boundary of the county is affected. On  or  before  July  first,
 nineteen  hundred  sixty-four, the legislature shall provide, where such
 consent of a governing board is not granted, for adjudication and deter-
 mination, on the law and the facts, in a  proceeding  initiated  in  the
 [supreme]  SUPERIOR  court, of the issue of whether the annexation is in
 the over-all public interest.
   § 33. Resolved (if the  Assembly  concur),  That  subdivision  (a)  of
 section  13  of  article  13  of  the constitution be amended to read as
 follows:
   (a) Except in counties in the city of New York and except  as  author-
 ized  in  section one of article nine of this constitution, registers in
 counties having registers shall be chosen by the electors of the respec-
 tive counties once in every three years and whenever  the  occurring  of
 vacancies  shall require; the sheriff and the clerk of each county shall
 be chosen by the electors once in every  three  or  four  years  as  the
 legislature shall direct. Sheriffs shall hold no other office.  They may
 be  required  by  law to renew their security, from time to time; and in
 default of giving such new  security,  their  offices  shall  be  deemed
 vacant.  The  governor  may  remove  any elective sheriff, county clerk,
 district attorney or register within the term for which [he or she] THEY
 shall have been elected; but before so doing the governor shall give  to
 such  officer  a  copy  of  the charges against [him or her] THEM and an
 opportunity of being heard in [his or her] THEIR defense. In each county
 a district attorney shall be chosen by the electors once in every  three
 or  four years as the legislature shall direct. The clerk of each county
 in the city of New York shall be appointed, and be subject  to  removal,
 by  the  appellate division of the [supreme] SUPERIOR court in the judi-
 cial department in which the county is located. In addition to  [his  or
 her]  THEIR  powers and duties as clerk of the [supreme] SUPERIOR court,
 [he or she] THEY shall have power to select, draw,  summon  and  empanel
 grand  and  petit  jurors  in the manner and under the conditions now or
 hereafter prescribed by law, and shall have such other powers and duties
 as shall be prescribed by the city from time to time by local law.
 S. 6049                            22
 
   § 34. Resolved (if the Assembly concur), That section 5 of article  14
 of the constitution be amended to read as follows:
   §  5.  A  violation  of  any  of the provisions of this article may be
 restrained at the suit of  the  people  or,  with  the  consent  of  the
 [supreme]  SUPERIOR court in appellate division, on notice to the attor-
 ney-general at the suit of any citizen.
   § 35. Resolved (if the Assembly concur), That the opening paragraph of
 section 4 of article 18 of  the  constitution  be  amended  to  read  as
 follows:
   To effectuate any of the purposes of this article, the legislature may
 authorize  any  city,  town  or  village  to contract indebtedness to an
 amount which shall not exceed two per centum  of  the  average  assessed
 valuation  of  the  real estate of such city, town or village subject to
 taxation, as determined by the last completed assessment  roll  and  the
 four preceding assessment rolls of such city, town or village, for city,
 town  or village taxes prior to the contracting of such indebtedness. In
 ascertaining the power of a city, or village having a population of five
 thousand or more as determined by the last federal census,  to  contract
 indebtedness  pursuant  to  this  article there may be excluded any such
 indebtedness if the project or projects aided by guarantees representing
 such indebtedness or by loans for which such indebtedness was contracted
 shall have yielded during the preceding year net revenue  to  be  deter-
 mined  annually by deducting from the gross revenues, including periodic
 subsidies therefor, received from such project or projects, all costs of
 operation, maintenance, repairs and replacements, and  the  interest  on
 such  indebtedness and the amounts required in such year for the payment
 of such indebtedness; provided that  in  the  case  of  guarantees  such
 interest and such amounts shall have been paid, and in the case of loans
 an  amount  equal to such interest and such amounts shall have been paid
 to such city or village. The legislature shall prescribe the  method  by
 which the amount of any such indebtedness to be excluded shall be deter-
 mined,  and  no such indebtedness shall be excluded except in accordance
 with such determination. The legislature may confer  appropriate  juris-
 diction on the appellate division of the [supreme] SUPERIOR court in the
 judicial  departments  in  which such cities or villages are located for
 the purpose of determining the amount of any such indebtedness to be  so
 excluded.
   § 36. Resolved (if the Assembly concur), That the foregoing amendments
 be referred to the first regular legislative session convening after the
 next  succeeding  general  election  of members of the Assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.