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New York Exclude Indebtedness for Sewage Facilities Amendment

New York Ballot Measure - Legislatively Referred Constitutional Amendment

Election: Nov. 7, 2023 (General)

Outcome: Passed

Categories:

Infrastructure

Summary

The amendment would extend an existing provision in the New York Constitution regarding municipal indebtedness resulting from the construction or maintenance of sewer facilities. This was first authorized in 1963 with the voter approval of Amendment 5.

Under the New York Constitution, state municipalities have a limit of how much debt can be incurred. Article VIII, Section 4 of the Constitution sets the debt limit as a percentage of the five-year average full valuation of taxable property within a municipality. The percentage varies by municipality. With the approval of Amendment 5 in 1963, debt incurred from the construction or improvement of sewage facilities was exempt from this constitutional debt limit.

Measure Text

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 5 of article 8 of the constitution, in
relation to the exclusion of indebtedness contracted for sewage facil-
ities
1 Section 1. Resolved (if the Assembly concur), That paragraph E of
2 section 5 of article 8 of the constitution be amended to read as
3 follows:
4 E. Indebtedness contracted on or after January first, nineteen hundred
5 sixty-two and prior to January first, two thousand [twenty-four] thir-
6 ty-four, for the construction or reconstruction of facilities for the
7 conveyance, treatment and disposal of sewage. The legislature shall
8 prescribe the method by which and the terms and conditions under which
9 the amount of any such indebtedness to be excluded shall be determined,
10 and no such indebtedness shall be excluded except in accordance with
11 such determination.
12 § 2. RESOLVED (if the Assembly concur), That the foregoing amendment
13 be submitted to the people for approval at the general election to be
14 held in the year 2023 in accordance with provisions of the election law.

Resources

Official Summary

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