A10039 Summary:

BILL NO    A10039 

SAME AS    SAME AS S06743

SPONSOR    Rules (Steck)

COSPNSR    

MLTSPNSR   

Amd Art 8 S4, Constn

Increases the limitation on indebtedness that may be incurred by certain school
districts from five percent to ten percent.
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A10039 Actions:

BILL NO    A10039 

06/10/2014 referred to education
06/13/2014 to attorney-general for opinion
07/08/2014 opinion referred to judiciary
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A10039 Votes:

There are no votes for this bill in this legislative session.
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A10039 Memo:

BILL NUMBER:A10039

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 4 of article 8 of the constitution,
in relation to increasing the limitation on indebtedness that may be
incurred by certain school districts

PURPOSE:  This bill would increase the limitation of indebtedness that
may be incurred by school districts in cities of 125,000 residents or
less from five percent to ten percent.

SUMMARY OF PROVISIONS:

Section 1 subdivision ill) of section 4 of article 8 of the
constitution is amended by changing the percentage given to school
districts of 125,000 residents or less to 10% for specified objects in
relation to indebtedness.

JUSTIFICATION:  A number of small city school districts have been up
against the indebtedness cap contained in the New York. State
Constitution for some time.

School districts within small cities are now under the Tax Levy Cap
that was enacted in 2011. The constitutional limit on small cities is
a vestige of a bygone era when city governments were concerned that
newly formed school districts would consume their municipal budgets.

The authorization of an increased limit is appropriate with the
safe-guards and accountability that are now in place. An increase in
indebtedness could only occur with a public vote and one in which the
tax cap statutory provisions apply.

Furthermore, under the provisions of this bill, a constitutional limit
on small city school district indebtedness would still exist. The
raising of the limitation, however, from five percent of the full
valuation of taxable real estate of such city to ten percent, would
give these school districts and their voters much needed flexibility
in developing budgets that meet current demands.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  Constitutional Amendment.  Amendment will be referred
to the first regular legislative session convening after the next.
succeeding general election of members of the Assembly and Senate and
published for 3 months previous to the time of such election.
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A10039 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         10039

                                 I N  A S S E M B L Y

                                     June 10, 2014
                                      ___________

       Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Steck) --
         read once and referred to the Committee on Education

                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

       proposing an amendment to section 4 of article 8 of the constitution, in
         relation to increasing the limitation  on  indebtedness  that  may  be
         incurred by certain school districts

    1    Section 1. Resolved (if the Senate concur), That the opening paragraph
    2  of  subdivision  (h)  of  section  4 of article 8 of the constitution be
    3  amended to read as follows:
    4    any school district which is coterminous with, or  partly  within,  or
    5  wholly  within, a city having less than one hundred twenty-five thousand
    6  inhabitants according  to  the  latest  federal  census,  for  education
    7  purposes, [five] TEN per centum; provided, however, that such limitation
    8  may  be  increased  in relation to indebtedness for specified objects or
    9  purposes with (1) the approving vote of sixty per centum or more of  the
   10  duly  qualified  voters  of such school district voting on a proposition
   11  therefor submitted at a general or special election, (2) the consent  of
   12  The  Regents  of  the  University  of  the State of New York and (3) the
   13  consent of the state comptroller. The legislature shall prescribe by law
   14  the qualifications for voting at any such election.
   15    S 2. Resolved (if the Senate concur), That the foregoing amendment  be
   16  referred  to  the  first regular legislative session convening after the
   17  next succeeding general election of members of  the  assembly,  and,  in
   18  conformity  with  section  1  of  article  19  of  the  constitution, be
   19  published for 3 months previous to the time of such election.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89136-01-4
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