Bill Text: NY A10384 | 2011-2012 | General Assembly | Introduced
Bill Title: Proposes an amendment to the constitution to allow school districts to give or loan money or property to or in aid of an individual or private corporation.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2012-05-25 - to attorney-general for opinion [A10384 Detail]
Download: New_York-2011-A10384-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10384
I N A S S E M B L Y
May 24, 2012
___________
Introduced by M. of A. RAIA -- read once and referred to the Committee
on Education
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 8 of the constitution, in
relation to allowing school districts to give or loan money or proper-
ty to or in aid of an individual or private corporation
1 Section 1. Resolved (if the Senate concur), That section 1 of article
2 8 of the constitution is amended to read as follows:
3 Section 1. No county, city, town[,] OR village [or school district]
4 shall give or loan any money or property to or in aid of any individual,
5 or private corporation or association, or private undertaking, or become
6 directly or indirectly the owner of stock in, or bonds of, any private
7 corporation or association; nor shall any county, city, town[,] OR
8 village [or school district] give or loan its credit to or in aid of any
9 individual, or public or private corporation or association, or private
10 undertaking, except that two or more such units may join together pursu-
11 ant to law in providing any municipal facility, service, activity or
12 undertaking which each of such units has the power to provide separate-
13 ly. Each such unit may be authorized by the legislature to contract
14 joint or several indebtedness, pledge its or their faith and credit for
15 the payment of such indebtedness for such joint undertaking and levy
16 real estate or other authorized taxes or impose charges therefor subject
17 to the provisions of this constitution otherwise restricting the power
18 of such units to contract indebtedness or to levy taxes on real estate.
19 The legislature shall have power to provide by law for the manner and
20 the proportion in which indebtedness arising out of such joint under-
21 takings shall be incurred by such units and shall have power to provide
22 a method by which such indebtedness shall be determined, allocated and
23 apportioned among such units and such indebtedness treated for purposes
24 of exclusion from applicable constitutional limitations, provided that
25 in no event shall more than the total amount of indebtedness incurred
26 for such joint undertaking be included in ascertaining the power of all
27 such participating units to incur indebtedness. Such law may provide
28 that such determination, allocation and apportionment shall be conclu-
29 sive if made or approved by the comptroller. This provision shall not
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89156-01-2
A. 10384 2
1 prevent a county from contracting indebtedness for the purpose of
2 advancing to a town or school district, pursuant to law, the amount of
3 unpaid taxes returned to it.
4 Subject to the limitations on indebtedness and taxation applying to
5 any county, city, town or village nothing in this constitution contained
6 shall prevent a county, city or town from making such provision for the
7 aid, care and support of the needy as may be authorized by law, nor
8 prevent any such county, city or town from providing for the care,
9 support, maintenance and secular education of inmates of orphan asylums,
10 homes for dependent children or correctional institutions and of chil-
11 dren placed in family homes by authorized agencies, whether under public
12 or private control, or from providing health and welfare services for
13 all children, nor shall anything in this constitution contained prevent
14 a county, city, town or village from increasing the pension benefits
15 payable to retired members of a police department or fire department or
16 to widows, dependent children or dependent parents of members or retired
17 members of a police department or fire department; or prevent the city
18 of New York from increasing the pension benefits payable to widows,
19 dependent children or dependent parents of members or retired members of
20 the relief and pension fund of the department of street cleaning of the
21 city of New York. Payments by counties, cities or towns to charitable,
22 eleemosynary, correctional and reformatory institutions and agencies,
23 wholly or partly under private control, for care, support and mainte-
24 nance, may be authorized, but shall not be required, by the legislature.
25 No such payments shall be made for any person cared for by any such
26 institution or agency, nor for a child placed in a family home, who is
27 not received and retained therein pursuant to rules established by the
28 state board of social welfare or other state department having the power
29 of inspection thereof.
30 S 2. RESOLVED (if the Senate concur), That the foregoing amendment be
31 referred to the first regular legislative session convening after the
32 next succeeding general election of members of the assembly, and, in
33 conformity with section 1 of article 19 of the constitution, be
34 published for 3 months previous to the time of such election.
