STATE OF NEW YORK
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9988
IN ASSEMBLY
April 29, 2022
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Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Education
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 Senate concur), That section 4 of article
2 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
A. 9988 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 Senate concur), That the foregoing amendment be
29 submitted to the people for approval at the general election to be held
30 in the year 2023 in accordance with the provisions of the election law.
