STATE OF NEW YORK ________________________________________________________________________ 5025 2023-2024 Regular Sessions IN SENATE February 22, 2023 ___________ 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89043-02-3
S. 5025 2 1 duly qualified voters of such school district voting on a proposition 2 therefor submitted at a general or special election, (2) the consent of 3 The Regents of the University of the State of New York and (3) the 4 consent of the state comptroller. The legislature shall prescribe by law 5 the qualifications for voting at any such election]. 6 Except as otherwise provided in this constitution, any indebtedness 7 contracted in excess of the respective limitations prescribed in this 8 section shall be void. 9 [In ascertaining the power of any city having less than one hundred 10 twenty-five thousand inhabitants according to the latest federal census 11 to contract indebtedness, indebtedness heretofore contracted by such 12 city for education purposes shall be excluded. Such indebtedness so 13 excluded shall be included in ascertaining the power of a school 14 district which is coterminous with, or partly within, or wholly within, 15 such city to contract indebtedness. The legislature shall prescribe by 16 law the manner by which the amount of such indebtedness shall be deter- 17 mined and allocated among such school districts. Such law may provide 18 that such determinations and allocations shall be conclusive if made or 19 approved by the state comptroller. 20 In ascertaining the power of a school district described in this 21 section to contract indebtedness, certificates or other evidences of 22 indebtedness described in paragraph A of section five of this article 23 shall be excluded.] 24 The average full valuation of taxable real estate of any such county, 25 city, town[,] or village [or school district] shall be determined in the 26 manner prescribed in section ten of this article. 27 Nothing contained in this section shall be deemed to restrict the 28 powers granted to the legislature by other provisions of this constitu- 29 tion to further restrict the powers of any county, city, town[,] or 30 village [or school district] to contract indebtedness. 31 § 2. Resolved (if the Assembly concur), That the foregoing amendment 32 be submitted to the people for approval at the general election to be 33 held in the year 2023 in accordance with the provisions of the election 34 law.