Article XII, § 2 which is passed without such acceptance, by the words "passed without the acceptance of the city," or "cities," as the case may be. 1895. A. No. 2612 (Int. 1702). To S. A. J. 3195, 3305, 3618, 3692. S. J. 1813. 2. Special city bill not to become law without approval of mayor § 2. (Proposed to add the following:) No such bill shall become a law without the approval of the mayor of each city the property, affairs or government of which is affected thereby, or by a two-thirds vote of each branch of the legislature. § 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and eighty [two hundred and fifty] thousand, or more; the second class, all cities having a population of fifty thousand and less than one hundred and eighty [two hundred and fifty] thousand; the third class, all other cities. Laws relating to the property, affairs [or] of government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor, and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legisative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing Article XII, § 2 concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words accepted by the city, or cities, as the case may be; in every such law which is passed without such acceptance, by the words passed without the acceptance of the city, or cities, as the case may be. 1906. A. No. 2009 (Int. 1466). A. J. 1825. 4. Initiative and referendum (For proposed amendment to this and other sections providing for the initiative and the referendum, see p. 271.) 5. Initiative, referendum and recall (For proposed amendment to this and other sections providing for the initiative, the referendum and the recall, see p. 293.) 6. Municipal home rule (For proposed amendment to this and other sections providing for municipal home rule, see p. 338.) § 3. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year, and the term of every such officer shall expire at the end of an odd-numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five, whose successors have not then been elected, which under existing laws would expire with an even-numbered year, or in an odd-numbered year and before the end thereof, are extended to and including the last day of December next following the time when such terms would other Article XIII, § 5 wise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Appointment or election of city officers and county officers in New York city term - removal (For proposed amendment to this and other sections regarding the appointment or election of city officers and county officers in New York City, their term of office and manner of removal, see p. 335.) 2. Municipal home rule (For proposed amendment to this and other sections providing for municipal home rule, see p. 338.) 3. Referendum on street railway franchises § 4. (Proposal to add the following new section:) All franchises, grants or acts for the construction, operation or extension of street railways, either surface, subway or elevated, in any city of the first class, shall be submitted to the people of such city at a regular election, or at a special election called for the purpose, and no such franchise, grant or act shall be given or made, or shall be of any effect, unless a majority of the voters of such city voting thereon at such election, shall approve the same. 4. Restricting legislation as to cities — municipal control of public utilities (For proposed amendment restricting legislation as to cities and regulating municipal control of public utilities, see p. 337.) ARTICLE XIII § 5. No public officer, or person elected or appointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accept, receive or consent to receive for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, telegraph or telephone rates, from any person or corporation, or make use of the same himself or in conjunction with another. Article XIII, § 5 A person who violates any provision of this section, shall be deemed guilty of a misdemeanor, and shall forfeit his office at the suit of the Attorney-General. Any corporation, or officer or agent thereof, who shall offer or promise to a public officer, or person elected or appointed to a public office, any such free pass, free transportation, franking privilege or discrimination, shall also be deemed guilty of a misdemeanor and liable to punishment except as herein provided. No person, or officer or agent of a corporation giving any such free pass, free transportation, franking privilege or discrimination hereby prohibited, shall be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prosecution therefor if he shall testify to the giving of the same. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Repeal (Proposal to abrogate this section.) 1896. A. No. 683 (Int. 632). A. J. 341. ARTICLE XIV § 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval. Article XIV, § 1 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Approval of proposed amendments by governor § 2. Any amendment or amendments to this constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, and approved by the governor, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, and approved by the governor, then it shall be the duty of the legislature to submit [each] such proposed amendment or amendments to the people for approval in such manner and at such [times] time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution from and after the first day of January next after such approval. 2. 1907. A. No. 2627 (Int. 1836). A. J. 2684. Vote of people necessary to ratify amendment proposed by legislature — time of submission 1. Any amendment or amendments to this Constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit [each] such proposed amendment or amendments to the people for approval in such manner and at such [times] * So in original. Compared with Art. XIV, § 1. |