Bill Text: NY S08803 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to limitations on local indebtedness; removes school districts from those not permitted to contract indebtedness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-15 - DELIVERED TO SECRETARY OF STATE [S08803 Detail]

Download: New_York-2021-S08803-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8803

                    IN SENATE

                                     April 19, 2022
                                       ___________

        Introduced  by  Sen.  MAYER  -- 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 4 of article 8 of the constitution, in
          relation to limitations on local indebtedness

     1    Section 1. Resolved (if the Assembly concur), That section 4 of  arti-
     2  cle 8 of the constitution be amended to read as follows:
     3    §  4.  Except  as  otherwise provided in this constitution, no county,
     4  city, town[,] or village [or school district] described in this  section
     5  shall  be  allowed  to  contract  indebtedness for any purpose or in any
     6  manner which, including existing indebtedness, shall  exceed  an  amount
     7  equal  to  the  following  percentages  of the average full valuation of
     8  taxable real estate of such county, city, town[,] or village [or  school
     9  district]:
    10    (a) the county of Nassau, for county purposes, ten per centum;
    11    (b)  any county, other than the county of Nassau, for county purposes,
    12  seven per centum;
    13    (c) the city of New York, for city purposes, ten per centum;
    14    (d) any city, other than the city of  New  York,  having  one  hundred
    15  twenty-five thousand or more inhabitants according to the latest federal
    16  census, for city purposes, nine per centum;
    17    (e)  any city having less than one hundred twenty-five thousand inhab-
    18  itants according to  the  latest  federal  census,  for  city  purposes,
    19  [excluding education purposes,] seven per centum;
    20    (f) any town, for town purposes, seven per centum; and
    21    (g) any village for village purposes, seven per centum[; and
    22    (h)  any  school district which is coterminous with, or partly within,
    23  or wholly within, a city having less than one hundred twenty-five  thou-
    24  sand  inhabitants  according to the latest federal census, for education
    25  purposes, five per centum; provided, however, that such  limitation  may
    26  be  increased  in  relation  to  indebtedness  for  specified objects or
    27  purposes with (1) the approving vote of sixty per centum or more of  the
    28  duly  qualified  voters  of such school district voting on a proposition
    29  therefor submitted at a general or special election, (2) the consent  of
    30  The  Regents  of  the  University  of  the State of New York and (3) the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89189-01-2
        S. 8803                             2

     1  consent of the state comptroller. The legislature shall prescribe by law
     2  the qualifications for voting at any such election].
     3    Except  as  otherwise  provided in this constitution, any indebtedness
     4  contracted in excess of the respective limitations  prescribed  in  this
     5  section shall be void.
     6    [In  ascertaining  the  power of any city having less than one hundred
     7  twenty-five thousand inhabitants according to the latest federal  census
     8  to  contract  indebtedness,  indebtedness  heretofore contracted by such
     9  city for education purposes shall  be  excluded.  Such  indebtedness  so
    10  excluded  shall  be  included  in  ascertaining  the  power  of a school
    11  district which is coterminous with, or partly within, or wholly  within,
    12  such  city  to contract indebtedness. The legislature shall prescribe by
    13  law the manner by which the amount of such indebtedness shall be  deter-
    14  mined  and  allocated  among such school districts. Such law may provide
    15  that such determinations and allocations shall be conclusive if made  or
    16  approved by the state comptroller.
    17    In  ascertaining  the  power  of  a  school district described in this
    18  section to contract indebtedness, certificates  or  other  evidences  of
    19  indebtedness  described  in  paragraph A of section five of this article
    20  shall be excluded.]
    21    The average full valuation of taxable real estate of any such  county,
    22  city, town[,] or village [or school district] shall be determined in the
    23  manner prescribed in section ten of this article.
    24    Nothing  contained  in  this  section  shall be deemed to restrict the
    25  powers granted to the legislature by other provisions of this  constitu-
    26  tion  to  further  restrict  the  powers of any county, city, town[,] or
    27  village [or school district] to contract indebtedness.
    28    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
    29  be  submitted  to  the people for approval at the general election to be
    30  held in the year 2023 in accordance with the provisions of the  election
    31  law.