NY State Senate Bill 2023-S5025

Current Bill Status Via A1771 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 04, 2023	delivered to secretary of state
Mar 29, 2023	returned to assembly passed senate 3rd reading cal.503 substituted for s5025
Mar 29, 2023	substituted by a1771a
Mar 20, 2023	advanced to third reading
Mar 16, 2023	2nd report cal.
Mar 15, 2023	opinion referred to judiciary 1st report cal.503
Feb 27, 2023	to attorney-general for opinion
Feb 22, 2023	referred to judiciary

Votes

- Mar 29, 2023 - Floor Vote
  A1771
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 29, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Parker
      
      Persaud
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (2)
      
      Griffo
      
      Palumbo
      
      excused (1)
      
      Ramos
  Mar 14, 2023 - Judiciary Committee Vote
  S5025
  
  14
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Mar 14, 2023
      
      aye (14)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (5)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Martins
      
      O'Mara
      
      Sepúlveda

co-Sponsors

2023-S5025 (ACTIVE) - Details

See Assembly Version of this Bill:: A1771
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 8 §4, Constn
Versions Introduced in 2021-2022 Legislative Session:: S8803, A9988

2023-S5025 (ACTIVE) - Summary

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

2023-S5025 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5025

SPONSOR: MAYER
 
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 limita-
tions on local indebtedness

 
PURPOSE:

To remove the constitutional debt limitation currently imposed upon
small city school districts.

 
SUMMARY OF PROVISIONS:

Section 1 of this proposed constitutional amendment removes the current
five percent (of average full valuation of taxable real property) debt
limit imposed upon school districts wholly or partly located in cities
with less than 125,000 inhabitants (i.e., small city school districts).
This proposal also clarifies language that small city debt limits shall
exclude debt incurred for education purposes.

Section 2 provides language ensuring the normal process for approval of
a constitutional amendment is followed.

 
JUSTIFICATION:

Small city school districts are currently held to a debt limitation of
five percent of the average full valuation of taxable property for
borrowing for school capital projects. Small city school districts are
the only independent districts with a five percent limitation on debt
issuance. All other independent school districts are statutorily permit-
ted to borrow up to 10 percent of their property valuations. In 1985, a
constitutional provision removing a real property tax limitation on
small city school districts was approved by the voters in the November
election. The debt limitation on small city school districts included in
section 4 of article 8 of the New York State Constitution is the only
constitutional provision remaining which treats small city school
districts differently from other like school districts across the State.

The subject of debt limitation, originally imposed as the result of a
1951 constitutional amendment, was intended to give small city school
districts (then subject to constitutional real property tax limits)
control over and responsibility for their fiscal affairs. Today, howev-
er, with the real property tax limits no longer in place, and with the
urgent need to improve old and outdated school facilities in small city
school districts, it is time to advance a constitutional amendment to
align debt capacity among all independent districts. By increasing debt
capacity, small city school districts will be able to advance capital
projects that are more comprehensive and address greater infrastructure
needs sooner. In doing so, more students will benefit from updated
learning environments and residents will benefit from less costly
projects that result from prolonged deferred maintenance. Voters in
small city school districts would continue to have the authority to
approve borrowing for capital projects under this measure.

 
PRIOR LEGISLATIVE HISTORY:

S8803: Passed by both houses of the legislature in 2022.

S4766: Passed by both houses of the legislature in 2001 and 2002.

 
FISCAL IMPLICATIONS:

None for the State.

 
LOCAL FISCAL IMPLICATIONS:

Upon voter approval of this amendment, small city, school district
indebtedness could increase the current debt limits with approval by
local voters.

 
EFFECTIVE DATE:
This amendment would not take effect until approved by the voters in a
general election following approval by two consecutively elected State
legislatures.

2023-S5025 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5025
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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

   Section 1. Resolved (if the Assembly concur), That section 4 of  arti-
 cle 8 of the constitution be amended to read as follows:
   §  4.  Except  as  otherwise provided in this constitution, no county,
 city, town[,] OR village [or school district] described in this  section
 shall  be  allowed  to  contract  indebtedness for any purpose or in any
 manner which, including existing indebtedness, shall  exceed  an  amount
 equal  to  the  following  percentages  of the average full valuation of
 taxable real estate of such county, city, town[,] OR village [or  school
 district]:
   (a) the county of Nassau, for county purposes, ten per centum;
   (b)  any county, other than the county of Nassau, for county purposes,
 seven per centum;
   (c) the city of New York, for city purposes, ten per centum;
   (d) any city, other than the city of  New  York,  having  one  hundred
 twenty-five thousand or more inhabitants according to the latest federal
 census, for city purposes, nine per centum;
   (e)  any city having less than one hundred twenty-five thousand inhab-
 itants according to  the  latest  federal  census,  for  city  purposes,
 [excluding education purposes,] seven per centum;
   (f) any town, for town purposes, seven per centum; AND
   (g) any village for village purposes, seven per centum[; and
   (h)  any  school district which is coterminous with, or partly within,
 or wholly within, a city having less than one hundred twenty-five  thou-
 sand  inhabitants  according to the latest federal census, for education
 purposes, five per centum; provided, however, that such  limitation  may
 be  increased  in  relation  to  indebtedness  for  specified objects or
 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

 duly  qualified  voters  of such school district voting on a proposition
 therefor submitted at a general or special election, (2) the consent  of
 The  Regents  of  the  University  of  the State of New York and (3) the
 consent of the state comptroller. The legislature shall prescribe by law
 the qualifications for voting at any such election].
   Except  as  otherwise  provided in this constitution, any indebtedness
 contracted in excess of the respective limitations  prescribed  in  this
 section shall be void.
   [In  ascertaining  the  power of any city having less than one hundred
 twenty-five thousand inhabitants according to the latest federal  census
 to  contract  indebtedness,  indebtedness  heretofore contracted by such
 city for education purposes shall  be  excluded.  Such  indebtedness  so
 excluded  shall  be  included  in  ascertaining  the  power  of a school
 district which is coterminous with, or partly within, or wholly  within,
 such  city  to contract indebtedness. The legislature shall prescribe by
 law the manner by which the amount of such indebtedness shall be  deter-
 mined  and  allocated  among such school districts. Such law may provide
 that such determinations and allocations shall be conclusive if made  or
 approved by the state comptroller.
   In  ascertaining  the  power  of  a  school district described in this
 section to contract indebtedness, certificates  or  other  evidences  of
 indebtedness  described  in  paragraph A of section five of this article
 shall be excluded.]
   The average full valuation of taxable real estate of any such  county,
 city, town[,] OR village [or school district] shall be determined in the
 manner prescribed in section ten of this article.
   Nothing  contained  in  this  section  shall be deemed to restrict the
 powers granted to the legislature by other provisions of this  constitu-
 tion  to  further  restrict  the  powers of any county, city, town[,] OR
 village [or school district] to contract indebtedness.
   § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
 be  submitted  to  the people for approval at the general election to be
 held in the year 2023 in accordance with the provisions of the  election
 law.

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Senate Bill S5025

Sponsored By

Current Bill Status Via A1771 - Passed Senate

Mar 29, 2023 - Floor Vote

Floor Vote: Mar 29, 2023

Mar 14, 2023 - Judiciary Committee Vote

Judiciary Committee Vote: Mar 14, 2023

co-Sponsors

2023-S5025 (ACTIVE) - Details

2023-S5025 (ACTIVE) - Summary

2023-S5025 (ACTIVE) - Sponsor Memo

2023-S5025 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5025

Share this bill

Sponsored By

Shelley B. Mayer

Current Bill Status Via A1771 - Passed Senate

co-Sponsors

Lea Webb

2023-S5025 (ACTIVE) - Details

2023-S5025 (ACTIVE) - Summary

2023-S5025 (ACTIVE) - Sponsor Memo

2023-S5025 (ACTIVE) - Bill Text download pdf

Comments